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