East Cleveland's housing ordinance limited occupancy of a dwelling unit to members of a single family. Part of the ordinance was a strict definition of "family" which excluded Mrs. Inez Moore who lived with her son and two grandsons.
Did the housing ordinance violate the Due Process Clause of the Fourteenth Amendment?
The four justices in the plurality held that the ordinance violated Moore's rights as it constituted "intrusive regulation of the family" without accruing some tangible state interest. Justice Stevens joined in the judgment and argued that the ordinance was invalid because, by regulating who could live with Moore, it constituted a taking of property without just compensation.
Decisions
Decision: 5 votes for Moore, 4 vote(s) against Legal provision: Due Process
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Judgment of the Court by Justice Lewis F. Powell, Jr.
