A nonprofit organization, Concern Housing of Medford, has initiated a lawsuit against the Town of Southampton following the town’s denial of a zoning change that would have facilitated the construction of affordable housing for veterans and individuals with developmental disabilities. The lawsuit, filed in the U.S. District Court for the Eastern District of New York, claims that the town’s decision was discriminatory and violated several federal and state laws.
Key Takeaways
- Concern Housing sought to build Liberty Gardens, a complex with 50 affordable housing units.
- The Southampton Town Board voted 4-1 against the zoning change, citing environmental and traffic concerns.
- The nonprofit alleges discrimination against veterans and individuals with disabilities.
- The lawsuit requests the court to mandate the town board to approve the zoning change.
Background of the Case
Concern Housing proposed the Liberty Gardens project to provide 50 units of affordable housing, specifically allocating 25 apartments for veterans and individuals with developmental disabilities. The organization first submitted plans to the town in October 2018, following discussions initiated by town staff regarding the need for a zoning change.
Despite a lengthy environmental review process, which included reducing the original proposal from 60 to 50 units, the Southampton Town Board ultimately denied the request in June 2023. Board members expressed concerns about traffic and the adequacy of wastewater treatment infrastructure, which they argued could negatively impact drinking water.
Allegations of Discrimination
The lawsuit contends that the town’s denial was not only arbitrary but also discriminatory. Concern Housing claims that the board’s decision was influenced by public opposition rooted in prejudice against individuals with mental health disabilities. The nonprofit argues that the town violated the federal Fair Housing Act, the Americans with Disabilities Act, and New York’s human rights law.
Town’s Response
Southampton Town Attorney James Burke has denied any allegations of discrimination, asserting that the board had proposed alternative locations for the housing project. He emphasized that the town is open to discussions and potential resolutions regarding the project.
"Hopefully there’s something we can do here," Burke stated, indicating a willingness to address the concerns raised by the nonprofit.
Next Steps
Concern Housing is seeking a court order to annul the town’s findings statement, which they argue contradicts the conclusions of their environmental consultant. The nonprofit aims to revive the Liberty Gardens project, emphasizing the importance of providing affordable housing for vulnerable populations.
Ralph Fasano, executive director of Concern Housing, expressed hope for an amicable resolution that would allow the project to move forward. The organization currently operates 1,600 housing units across 275 developments for families and individuals with mental health disabilities, underscoring their commitment to serving this community.
As the legal proceedings unfold, the outcome will not only impact the proposed Liberty Gardens project but also set a precedent for future affordable housing initiatives in the region.
