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HomeMy WebLinkAboutLIHS ltr to southold on residential preferences December 8, 2022 Hon. Scott A. Russell Southold Town Supervisor 53095 Main Rd P.O. Box 1179 Southold, NY 11971 Re: The discriminatory impact of Southold’s local preference for occupants in affordable units Dear Hon. Scott A. Russell: Long Island Housing Services is concerned that Southold's drive to require affordable housing be limited to current town residents could potentially open it up to liability under the Fair Housing Act and under its duty to Affirmatively Further Fair Housing as a HUD subgrantee. The September 23, 2022 Suffolk Times article “Developers, advisory commission frustrated by response to housing crisis”, by Brianne Ledda, revealed the affordable housing developers like Developer Todd Feuerstein, have “expressed concern about a clause in town code prioritizing first responders for affordable housing, as a potential violation of federal Fair Housing laws”. The Southold Supervisor Scott Russell, responded to the concerns about fair housing, he stated establishing a local preference for those who occupy affordable units does not violate federal law: “Some of the most progressive cities in the US (New York City, San Francisco and Seattle) have local preference provisions built into their affordable housing programs. As long as the provision isn’t a blanket rule, it is defendable,” he said in an email. “\[The U.S. Department of Housing and Urban Development\] has its own guidelines that prohibit any project with preference requirements from receiving tax credits. That’s not a requirement of the law, it’s just their policy.” We believe the actions of the town in limiting the access to affordable housing to town residents violate the Fair Housing Act and thwarts the town’s responsibility to advance affirmatively further fair housing in accordance with its certification to be a HUD subgrantee. Southold’s local preference December 2022 Page 2 of 3 Supervisor Russel’s comments do not address these concerns. His discussion about more diverse major cities is exactly on point because they are not segregated compared to the surrounding area. Unfortunately, the statistics below show the same cannot be said for Southold. Furthermore, neither his comments about blanket rules and tax credits do not address these larger issues. Town Supervisor Russell seems to fail to understand the effect of such a local preference is to solidify existing segregation in the town of Southold from the surrounding county. In determining whether segregation exists, context is important. Other municipalities may have similar policies to those proposed by Southold, but if those municipalities are already more integrated than the surrounding area then they are not reinforcing segregation. A review of US Census data for Southold town compared to Suffolk County revealed the magnitude of Southold’s demographic race and ethnicity disparities in comparison to Suffolk County. The severity of the disparity between the diversity of the population of Suffolk compared to Southold clearly shows that Southold must take affirmative steps to desegregate rather than continue with its current plan which will prevent integration. SHSC Census population percentages of Southold (SH) and Suffolk (SC) White alone, percent 94.5%83.6% Black or African American alone, percent1.3%9.0% American Indian and Alaska Native alone, percent 0.0% 0.7% Asian alone, percent 1.3%4.4% Native Hawaiian and Other Pacific Islander alone, percent 0.0%0.1% Two or More Races, percent 1.0%2.1% Hispanic or Latino, percent 10.1%20.7% White alone, not Hispanic or Latino, percent 86.4%65.7% Hispanic or Latino, percent 10.1%20.7% https://www.census.gov/quickfacts/fact/table/southoldtownsuffolkcountynewyork,suffolkcounty newyork/HCN010217 Based on these demographics, it appears that the preference for residents would have a discriminatory impact. The preference for residents limits the access to affordable housing and limits the ability of people in protected classes such as race and ethnicity to live in Southold. This enforcement of a local preference by Southold could be a violation of the Fair Housing Act in preventing protected classes from attaining housing. Furthermore, it could be a violation for Southold, a sub-grantee that certifies annually to the Suffolk County and HUD that it affirmatively furthers fair housing (AFFH). The policy barring non-local residents has an effect of keeping the town segregated at percentage rates that substantially exceed the county. Southold’s local preference December 2022 Page 3 of 3 Southold could be responsible to reimburse the HUD funds it receives and be barred from receiving further HUD funds per the Westchester case. See United States ex rel. Anti- Discrimination Ctr. Metro N.Y., Inc. v. Westchester Cnty., 668 F. Supp. 2d 548 (S.D.N.Y. 2009): “The AFFH certification was not a mere boilerplate formality, but rather was a substantive requirement, rooted in the history and purpose of the fair housing laws and regulations, requiring the County to conduct an AI, take appropriate actions in response, and to document its analysis and actions.” Additionally, Southold’s residencypreferences subject the town to being sued in federal court under allegations of these preferences violating the Fair Housing Act because they would exclude non-residents while favoring current and former residents who are predominantly white. See housing discrimination cases Fair Housing Justice Center Inc. v. Town of Eastchester, No. 7:2016cv09038 - Document 125, S.D.N.Y. 2019 (Eastchesterpaid $635,000 to settle the case), and Vargas v. Town of Smithtown, 2:07-cv-05202 E.D. N.Y. 2009 (Eastchester paid $925,000 in settlement.) Since courts have held that residential preferences have a racially disparate impact, there needs to be an exploration of less discriminatory alternative policies to serve the town’s interests. We will be glad to work with your town to move you forward on a path that serves all of the residents of Long Island. Sincerely, Ian Wilder, Esq. Executive Director ian@LIFairHousing.org 631-567-5111 ext. 314 cc: Suffolk County Community Development