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Yuma1Avenue 6E Investments, LLC v. City of Yuma, 2016 WL 1169080 (9th Cir.), involved the denial of a rezoning, notwithstanding the recommendation of approval by both the professional planning staff and the City’s Planning and Zoning Commission. Plaintiff developers brought these proceedings under both the Equal Protection Clause and the federal Fair Housing Act (FHA), alleging the denial was both intentional and also disproportionally deprived Hispanic residents of housing opportunities and perpetuated segregation. The subject denial was the first in three years and 76 rezoning applications.

Many urban local governments in Oregon have adopted housing codes to regulate substandard housing. These local codes ensure that dwellings remain healthy and safe for habitation and authorize government planning or development managers to pursue enforcement remedies where nuisance conditions exist such as insufficient fire protection, lack of heating, unsanitary conditions or overcrowding. Enforcement activities include property inspections, mandatory abatement and improvements, and sometimes the evacuation or demolition of structures. Although often solely complaint driven and significantly hampered by budgetary constraints, these codes authorize local governments to pursue nuisance abatement programs as they deem appropriate.

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