Agenda - Planning Commission - 03/06/2003

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Page 2 --February 25, 2003 Z.B. 136 Discrimination -- New subsidized housing project limited to elderly Committee claims age restrictions further discriminatiOn NEW YORK (01/17/03) Fair Housing in Huntington Committee Inc. sued the Town of Huntington, claiming discrimination based on race and national origin. Fair Housing claimed historic zoning practices had a disparate impact. on racial minorities by perpetuating segregation. More specifically, Fair Housing claimed housing developments approved by the town in "White Areas" were limited to age-restricted units that attracted a disproportionately white pool of applicants. Affordable mutli-unit family housing attracting more minority applicants was confined to "RacialIy ~apacted Areas" in Huntington. According to FaJx Housing, 92' percent of government- assisted, multi-unit senior housing was located in the "White Areas,, while no government-assisted, multi-unit family housing exAsted:in those "White Areas." Fair Housing alleged the town was facilitating the development by S.B.J. Associates LLC of the largest undeveloped parcel of land suitable for residen- rial pta-poses for another age-restricted project, furthering segregation. Fair Housing requested an injunction on the project. The court ruled in favor of the town, and construction continued. Fair Housing appealed. DECISION: Affirmed. Fair Housing was not entitled to an injunction on the new project: S.B.J. already undertook substantial steps toward the project's construc- tion and entered into numerous contracts related to it, such as sale agreements for particular units. An order to halt construction would be an order to breach these contracts. The committee did not contest the urgent need for senior housing in the community. Rather, it claimed the age-restricted developments kept the "White Areas .... white" or made them "whiter." Howex~er, the town's actions in regard to S.B.J. increased the overall amount of subsidized housing available. The town required S.B.J. to contribute $ 2.5 million to an affordable hous- ing trust fund created by the town to assist fa'st-time homebuyers. On its face, this measure appeared' to at least attempt to do. the very thing the Committee urged for the town: offset the impact of the age-restriction by facilitating af- fordable housing elsewhere. Citation: Fair Houxing in .Huntington Committee Inc. v. Town of Huntington, 2nd. U.S. Circuit Court of Appeals, No. 02-78]'7 (2003). The 2nd Circuit has jurisdiction over Connecticut, New York, and Vermont. see also: Bery v. City of New York; 97 F. 3d 689 (1996). see also: Beal v. Stem, 184 E3d 117 (1999).. · Now RENEW your subscription ONLINE at www. quinlan.com