Supreme Court of the United States · Official docket →
Chong Yim, et al. v. City of Seattle, Washington
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-35567 · judgment March 21, 2023
Before the decision, about 1.6× the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a state or local-government respondent.
Question presented
The City of Seattle’s “Fair Chance Housing Ordinance” declares it unlawful for private property owners to consider a prospective tenant’s criminal history when deciding who may occupy their property—even though criminals are substantially more likely to reoffend in and around their residences. The Ordinance bans such consideration regardless of the gravity of an applicant’s crimes, the number of convictions, the time since the last conviction, or other indicators that the applicant poses a risk of harm to an owner’s family or other tenants, and the Ordinance furthermore subjects owners to massive civil penalties for considering that history when selecting tenants. The City exempts itself and other public housing providers from these restrictions. Chong and MariLyn Yim own a triplex in Seattle. As is often necessary in housing-deprived cities nationwide, the Yims and their three children shared their living and intimate spaces with tenants—they live in one unit and rent the other two. The Ordinance deprived the Yims of their fundamental right to safeguard their home, to keep dangerous convicted criminals out of their property, and of their obligation to protect their children and their tenants. The question presented is: Does Seattle’s restriction on private owners’ right to exclude potentially dangerous tenants from their property violate the Fourteenth Amendment’s Due Process Clause?
Counsel of record
For petitioner
Brian Trevor Hodges
Pacific Legal Foundation
For respondent
Roger D. Wynne
Seattle City Attorney's Office
Proceedings
- Jan 22 2024Petition DENIED.
- Jan 03 2024DISTRIBUTED for Conference of 1/19/2024.
- Dec 28 2023Reply of petitioners Chong Yim, et al. filed.
- Dec 15 2023Brief of respondent City of Seattle, Washington in opposition filed.
- Nov 13 2023Brief amici curiae of Consumer Data Industry Association, et al. filed.
- Nov 13 2023Brief amici curiae of National Apartment Association, et al. filed.
- Nov 13 2023Brief amici curiae of Citizen Action Defense Fund, et al. filed.
- Nov 13 2023Brief amicus curiae of The Buckeye Institute filed.
- Nov 10 2023Brief amicus curiae of GRE Downtowner LLC filed.
- Nov 08 2023Brief amicus curiae of Manhattan Institute filed.
- Oct 19 2023Brief amicus curiae of Goldwater Institute filed.
- Oct 17 2023Motion to extend the time to file a response is granted and the time is extended to and including December 15, 2023.
- Oct 16 2023Motion to extend the time to file a response from November 13, 2023 to December 15, 2023, submitted to The Clerk.
- Oct 12 2023Response Requested. (Due November 13, 2023)
- Oct 04 2023DISTRIBUTED for Conference of 10/27/2023.
- Oct 02 2023Waiver of right of respondent City of Seattle, Washington to respond filed.
- Sep 26 2023Petition for a writ of certiorari filed. (Response due October 30, 2023)
- Jun 28 2023Application (22A1127) granted by Justice Kagan extending the time to file until September 27, 2023.
- Jun 23 2023Application (22A1127) to extend the time to file a petition for a writ of certiorari from August 28, 2023 to September 27, 2023, submitted to Justice Kagan.