Edward Zimbelman v. SOUTHERN NEVADA REGIONAL HOUSING AUTHORITY and JOHN HILL

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
EDWARD ZIMBELMAN,
Plaintiff - Appellant,
v.
SOUTHERN NEVADA REGIONAL
HOUSING AUTHORITY and JOHN
HILL,
Defendants - Appellees.
No. 13-17479
D.C. No. 2:13-cv-02143-APG-
VCF
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Andrew P. Gordon, District Judge, Presiding
Argued and Submitted July 10, 2014
San Francisco, California
Before: N.R. SMITH and CHRISTEN, Circuit Judges, and PIERSOL, Senior
District Judge.**
FILED
JUL 18 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The Honorable Lawrence L. Piersol, Senior District Judge for the U.S.
District Court for the District of South Dakota, sitting by designation.
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Edward Zimbelman is a convicted sex offender subject to a lifetime
registration requirement. He disclosed this fact on his application to federally-
assisted housing and was admitted. The housing authority is now trying to evict
Zimbelman because he is a registered sex offender. Zimbelman sued the housing
authority under 42 U.S.C. § 1983 and asked the district court to preliminarily
enjoin the housing authority from evicting him. The district court refused, and
Zimbelman appeals. We have jurisdiction under 28 U.S.C. § 1292(a)(1), and we
review the district court’s decision for abuse of discretion. See Perfect 10, Inc. v.
Amazon.com, Inc., 508 F.3d 1146, 1157 (9th Cir. 2007).
“A plaintiff seeking a preliminary injunction must establish that he is likely
to succeed on the merits, that he is likely to suffer irreparable harm in the absence
of preliminary relief, that the balance of equities tips in his favor, and that an
injunction is in the public interest.” Winter v. Natural Res. Def. Council, 555 U.S.
7, 20 (2008).
Federal law prohibits an owner of federally-assisted housing from renting to
convicted sex offenders who are subject to lifetime registration requirements. 42
U.S.C. § 13663(a). The parties’ lease contract also prohibits convicted sex
offenders who are subject to registration requirements from renting in Southern
Nevada Regional Housing Authority’s facility. For this reason, Zimbelman is
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unlikely to succeed on the merits of his claim. We recognize that Zimbelman may
face significant hardship if he is evicted. We also recognize that § 13663(a) seeks
to protect the other residents of federally-assisted housing and to fairly allocate
limited rental spots. Having analyzed all of the Winter factors, we conclude the
district court did not abuse its discretion by refusing to grant a preliminary
injunction.
The district court’s ruling is AFFIRMED.
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