Laserfiche WebLink
Zoning Bulletin May 10, 2016 I Volume 10 ( Issue 9 <br />developer seeks to rezone land to permit the construction of housing that is <br />more affordable, a city cannot defeat a showing of disparate impact on a <br />minority group simply by stating that other similarly -priced and similarly - <br />modelled housing is available in the general area." The court said that "the <br />availability of similar housing well outside of the zoned property does not <br />affect the analysis [of] whether a city's rejection of a zoning request caused <br />a disparate impact by preventing a higher percentage of minority group <br />members from purchasing homes." "[I]n order to determine whether hous- <br />ing outside of the zoned area is comparable, [the court] must determine not <br />only the close proximity of such housing to that area but also the principal <br />characteristics of the neighborhood that affect families' everyday lives" — <br />such as similarly or better performing schools, comparable infrastructure, <br />convenience of public transportation, availability of amenities such as pub- <br />lic parks, access to grocery or drug stores, as well as equal or lower crime <br />levels. Accordingly, the court also remanded the disparate -impact claim to <br />the district court for further proceedings consistent with the Ninth Circuit's <br />opinion. <br />See also: Village ofArlington Heights v. Metropolitan Housing Develop- <br />ment Corp., 429 U.S. 252, 97 S. Ct. 555, 50 L. Ed. 2d 450 (1977). <br />See also: Texas Dept. of Housing and Community Affairs v. Inclusive <br />Communities Project, Inc., 135 S. Ct. 2507, 192 L. Ed. 2d 514 (2015). <br />Case Note: <br />In its discussion on disparate -impact, the court noted that the existence of available <br />housing in close proximity is not necessarily irrelevant to determining whether a <br />plaintiff proves a disparate impact. `Indeed, if a city shows that truly comparable <br />housing is available in close proximity to a proposed development, such a showing <br />would be a relevant factor in deciding whether its zoning decision had a disparate <br />impact in that circumstance," said the court. <br />Rezoning —City considers rezone of <br />property and after resident <br />opposition, abruptly changes <br />recommended type of zone <br />Nonprofit housing developer sues, alleging shift <br />in rezone was racially 'discriminatory <br />Citation: Mhany Management, Inc. v. County of Nassau, 2016 WL <br />1128424 (2d Cir. 2016) <br />The Second Circuit has jurisdiction over Connecticut, New York, and <br />Vermont. <br />2016 Thomson Reuters 7 <br />