Comer v. Kemp

No. 123l6 (2d Cir. Aug. 26, 1994) ; Clearinghouse Number: 45360

Description

Second Circuit Reinstates Action Challenging Racial Discrimination in Public Housing in Buffalo Area

Abstract

The Second Circuit has reinstated plaintiff minority public housing tenants’ action challenging the racially discriminatory practices and policies of various defendants, including HUD, the cities of Buffalo and Amherst, New York, local public housing projects, and federal and state housing authorities. Plaintiffs had filed three complaints alleging that defendants created and perpetuated a segregated housing pattern in their area in that local Section 8 residency preferences for persons living or working around Buffalo promoted segregated housing. The district court found that plaintiffs lacked standing because they could not show that they would receive housing any sooner if the preferences were not used. The district court noted that, due to defendants’ new policies, the issue of preventing plaintiffs from moving to the suburbs—arising from the limited use of Section 8 certificates inside Buffalo—was probably moot. Reversing, the Second Circuit found that plaintiffs had alleged facts showing that defendants’ Section 8 program was discriminatorily administered in violation of the Fair Housing Act, 42 U.S.C. §§ 3601–31, and the constitution. Finding that this discrimination was a bona fide injury capable of being remedied by an injunction, the court held that plaintiffs had standing to sue. Furthermore, the court ruled that defendant HUD’s notice to PHAs directing them to advise Section 8 certificate holders that they may move within the geographic area served by their PHA did not moot plaintiffs’ claims since there was no guarantee that this information had been communicated to economically disadvantaged certificate holders.

Additional Information

Attorney Information
Ellen Yacknin, Michael Hanley, Greater Upstate Law Project, 87 Clinton Ave. N., Rochester, NY 14604-1478, (716) 454-6500; Dennis McGrath, Barbra Kavanaugh, Charles Ralston; Elaine Jones, Alice Brown, Theodore Shaw, Ronald Ellis.
Docket Date
1994-08-26 00:00:00+00:00

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