United States v. City of Pooler

No. CV 401-263 (S. D. Ga. filed Nov. 13, 2001) ; Clearinghouse Number: 54347

Description

Attorney General Sues Pooler, Georgia, for Fair Housing Act Violations

Abstract

On behalf of plaintiff United States, attorney general sued defendant city of Pooler, Georgia, to enforce Title VIII of the Civil Rights Act of 1968 as amended by the Fair Housing Amendments Act of 1988. A real estate developer planned to construct a sixty-eight-unit low-income elderly housing complex using state-allocated tax credits under the federal low-income housing tax credit program. His plan required a variance from the per-unit minimum-square-footage requirements in city’s zoning ordinance. Although city’s planning and zoning commission unanimously recommended approval of the requested variance, city council denied developer’s request. The city council also opposed developer’s modified plan to build sixty-eight units in thirty-four duplexes; this plan conformed to city’s preexisting zoning requirements. Plaintiff contends that city opposed the proposed zoning variance and construction of the complex because it feared that the complex would attract black residents to the city from neighboring Savannah. Plaintiff maintains that, because of city’s opposition, developer was not awarded tax credits and the complex was not constructed. In district court, plaintiff alleges that city’s actions have made dwellings unavailable to persons because of race or color and that city’s conduct constitutes a denial of Fair Housing Act rights to a group of persons, a denial that raises an issue of general public importance. Plaintiff seeks declaratory and injunctive relief, compensatory and punitive damages, and a civil penalty to vindicate the public interest.

Additional Information

Attorney Information
Docket Date
2001-11-13 00:00:00+00:00

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