The DOJ has sued Garner in federal court.
The case refers to a home chartered by Oxford House Inc., a non-profit organization that assists persons in addiction recovery. Officials say Garner permits up to six persons to live in the home, but it has refused to consider requests to increase the number to eight.
"The Fair Housing Act requires jurisdictions to make reasonable accommodations in their rules when necessary to provide persons with disabilities an equal opportunity to housing," offered said Loretta King with the Department of Justice.
The suit seeks monetary damages for the victims, a civil penalty and a court order requiring Garner to grant the requested accommodation.