Safety or Shelter: The Costs and Benefits of Excluding Domestic Violence Shelters from The Fair Housing Act [Note]

Abstract

Following the Supreme Court’s decision in Grants Pass v. Johnson, the options for survivors of domestic violence to escape abusive situations are fewer than ever. Survivors may now be forced to choose between remaining in place or fleeing to a domestic violence shelter, possibly populated by those who resemble their abuser. To remedy this choice using existing extra-circuit case law, this Note argues that the Ninth Circuit should take a bifurcated approach when determining whether a domestic violence shelter is a “dwelling” under the Fair Housing Act. Short-term shelters—escape shelters—should not be considered “dwellings”; thus allowing shelters to be more exclusive and careful with their admission policies. Whereas longer-term shelters—rebuilding shelters—should be considered “dwellings.” Such a rule would both remove a point of hesitation for those fleeing dangerous situations and help to reacclimate those on the precipices of reentering society.