Ventura Village Inc. v. City of Minneapolis

No. 04-2546 (8th Cir. Aug. 17, 2005) ; Clearinghouse Number: 55745

Description

Eighth Circuit Dismisses Neighbors’ Claim that City’s Approval of Supportive Housing Development in Minority Neighborhood Violates Fair Housing Act

Abstract

The Eighth Circuit upheld the district court’s summary judgment for city in a suit by a neighborhood association that sought to block construction of a supportive housing facility for homeless and disabled families. Stating that minorities were disproportionately represented among the homeless disabled population, plaintiffs—residents of a minority neighborhood—claimed that city’s waiver in minority neighborhoods of a zoning rule that prohibited siting such facilities within a quarter mile of similar facilities perpetuated segregation. The waiver violated the Fair Housing Act, plaintiffs claimed, because the waiver limited the ability of homeless and disabled people to choose housing in other neighborhoods. The Eighth Circuit found that the claim failed for lack of proof that the city discriminatorily enforced the spacing requirement: the city never enforced the spacing requirement, neither in predominately white nor predominately minority neighborhoods. Since the city’s action increased rather than limited the supply of available housing and was not part of a policy or practice of discrimination, neither the Act nor case law imposed a duty on the city to enforce the spacing requirement

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Attorney Information
Docket Date
2005-08-17 00:00:00+00:00

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