August 24, 2017
Settlement Provides Justice to Victims of Racially Discriminatory Code Enforcement
WASHINGTON, D.C. – The Lawyers’ Committee for Civil Rights Under Law announced a major settlement in the case of Long Island Housing Services, Inc. v. Village of Mastic Beach (EDNY).
This case against the Village of Mastic Beach, New York and Timothy
Brojer, the former Village Administrator of Mastic Beach, challenged
code enforcement actions of the defendants that were alleged to
discriminatorily target African-American renters and their landlords in
violation of their constitutional rights. The Lawyers’ Committee
co-counseled the lawsuit with Cooley LLP, Cohen Milstein Sellers &
Toll PLLC, and the non-profit organization Long Island Housing Services,
Inc. (LIHS). Under the terms of the settlement, the Village of Mastic
Beach will pay $387,500 to the plaintiffs, who include six individual
tenants and two landlords.
The Lawyers’ Committee and Cooley LLP filed the lawsuit in 2015 after
LIHS contacted them with the results of their investigation into
complaints of aggressive code enforcement targeting African-American
renters and landlords. Specifically, Village of Mastic Beach Code
Enforcement officials had evicted several African-American tenants who
receive housing subsidies, citing minor housing code violations, without
providing lawful notice or an opportunity to be heard prior to the
eviction. Village officials routinely ordered tenants to walk away from
their homes and belongings with only a few hours’ notice. The
plaintiffs’ complaint alleged that this conduct violated the federal
Fair Housing Act and the Due Process and Equal Protection Clauses of the
United States Constitution, among other laws.
“This settlement sends a strong message to municipalities on Long
Island and across the country that attempts to use code enforcement to
push people of color out of their communities will not be tolerated,”
said Kristen Clarke, President and Executive Director of the Lawyers’
Committee for Civil Rights Under Law. “Communities must think twice
before throwing residents out of their homes and into the street.”
“It is critical to champion the needs of those less fortunate and
unfairly targeted so as to protect their inalienable rights and ensure
access to justice,” said Joe Drayton, partner at Cooley LLP, lead
counsel and member of the Lawyers’ Committee’s Board of Trustees. “This
settlement has helped to heal the wounds experienced by our clients as a
result of the Village’s unlawful acts.”
Plaintiffs’ complaint alleged that the decision of Mastic Beach
residents to incorporate the Village in 2010 stemmed in large part from
animus toward the community’s growing African American population;
incorporation advocates seized upon aggressive code enforcement as a
strategy for driving out African American tenants receiving rental
assistance. But the Village proved short-lived. In November 2016, Mastic
Beach voters dissolved the Village, effective December 31, 2017.
“Our country thrives when individuals who receive rental assistance
are able to access housing in the neighborhoods of their choice,” said
Joe Rich, Co-Director of the Lawyers’ Committee’s Fair Housing &
Community Development Project. “Municipal policies and practices that
deny families with rental assistance the right to live in certain places
are likely to violate the Fair Housing Act.”
“The horrendous governmental abuse of authority revealed through
LIHS’ investigation is deeply disturbing. LIHS will continue to
aggressively monitor municipalities to ensure full compliance with
local, state and federal Fair Housing laws,” said Michelle Santantonio,
Executive Director of Long Island Housing Services. “LIHS is committed
to assisting victims of discrimination to challenge practices that
violate their rights. Long Island municipalities would do well to learn
from the cautionary tale of Mastic Beach.”
Under the terms of the settlement, until dissolution of the Village
is finalized, the Village is required to comply with the local, state
and federal civil rights laws.
“Racially-motivated housing code enforcement is one of the most
insidious forms of discrimination because it is often difficult to
ferret out those responsible and hold them accountable,” said Brian
Corman of Cohen Milstein Sellers & Toll. “We are pleased that the
settlement brings a measure of justice to those unfairly evicted or
otherwise targeted because of their race.”
About Long Island Housing Services, Inc. (LIHS)
LIHS is a nationally recognized Fair Housing agency serving both
Nassau and Suffolk counties. We are unique in our multifaceted services
and unparalleled in our commitment to fair housing advocacy and
enforcement. LIHS’ mission is the elimination of unlawful
discrimination and promotion of decent and affordable housing through
advocacy and education. Founded in 1969, Long Island Housing Services,
Inc. (www.LIFairHousing.org)
is a private, nonprofit HUD-qualified Fair Housing Enforcement
Organization and a HUD -approved Housing Counseling agency. Its work is
supported in part by HUD’s Fair Housing Initiatives Program for Private
Enforcement.
About the Lawyers’ Committee:
The Lawyers’ Committee, a nonpartisan, nonprofit organization,
was formed in 1963 at the request of President John F. Kennedy to
involve the private bar in providing legal services to address racial
discrimination. Now in its 54th year, the Lawyers’ Committee
is continuing its quest “Move America Toward Justice.” The principal
mission of the Lawyers’ Committee is to secure, through the rule of law,
equal justice for all, particularly in the areas of criminal justice,
fair housing and community development, economic justice, educational
opportunities, and voting rights.
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