Historic Settlement Creates Path Forward for Town’s First-Ever Affordable Housing Construction
On December 13, 2024, Relman Colfax PLLC and Tamposi Brothers Holdings, LLC announced a landmark settlement with the Town of Brookline, New Hampshire, resolving an ongoing fair housing case and providing nearly 100 affordable housing units and a positive pathway forward between all parties. In the litigation, the Plaintiffs alleged that the Town of Brookline, its Planning Board, and its Selectboard violated the Fair Housing Act by enacting a moratorium and subsequent ordinances blocking housing that would affect school enrollment, including Plaintiffs’ proposed 80-unit affordable housing development.
After discovery and summary judgment, the parties reached an agreement that will allow the development of 98 one- and two-bedroom housing units on the site, along with damages to the Plaintiffs and an approximately 50-acre land donation from Plaintiffs to the Town. The development will proceed in phases, beginning with 58 units designated as Housing for Older Persons, followed by 30 affordable, workforce housing units and 10 market-rate units for general occupancy by all ages. The settlement also includes an agreement to subdivide 6 acres for future commercial development, and a $610,000 damages payment from the Town.
The development will be the first-ever affordable housing initiative to be approved in Brookline’s history. This agreement represents significant progress in addressing our nation’s systemic lack of affordable housing and dismantling barriers to racial equity in New Hampshire. The planned development will now move forward to address the acute need for affordable housing for families throughout the region and, specifically, in areas of opportunity.
Background
In 2021, Brookline Opportunities, LLC, a subsidiary of Tamposi Brothers Holdings, LLC, developed a proposal for an affordable housing development in which 75% of the units would be affordable to families at 60% of median income, and some to families at 30% of median income. Because of the dearth of affordable units in the region, these units may provide housing for Black and Latino families searching for affordable housing in high-performing school districts, like Brookline’s.
The Complaint alleged the following: Shortly after some vocal Town residents learned of the proposal, they began a campaign to prevent the development. The explicit basis for their opposition was the erroneous claim that the public schools lacked the capacity to educate children whose families would live in the development. In fact, school enrollment in Brookline had declined more than 12% from 2008 to 2020, and classroom sizes are well below state standards. Opponents also falsely claimed that the Town had already met its regional fair share obligation for workforce housing—estimated by the Nashua Regional Planning Commission to be 800 units for Brookline alone. In fact, not a single income-restricted unit had been built in the Town. The Town is 93% White, with very small Black and Latino populations, has a high per household median income, and very few rental units. The campaign against the affordable housing development was successful, and the Town ultimately passed a moratorium barring all housing that would affect school enrollment, including Plaintiffs’ proposed development.
Relman Colfax filed a lawsuit on September 21, 2021 in federal court alleging that the moratorium and related laws discriminated on the basis of familial status, race and national origin in violation of the Fair Housing Act.
Key Case Developments
In September 2021, Brookline Opportunities filed a complaint in the U.S. District Court for the District of New Hampshire seeking declaratory and injunctive relief and damages. In December of 2022, Defendants moved for summary judgment on all Plaintiffs’ claims, and Plaintiffs moved on a narrow set of claims. In July 2023, the Court denied both parties’ motions, allowing Plaintiffs’ claims to proceed to trial.
On November 3, 2023, all parties completed mediation for the development of a 126 acre property located on Route 13 in Brookline, New Hampshire. The mediation agreement allows Plaintiffs to build nearly one hundred units of affordable housing on the site and provided all parties with a path forward.
Impact
The nationwide housing affordability crisis is making it impossible for working people, from teachers to nurses to firefighters, to find stable, decent housing. Affordable housing is a key component of remedying this crisis and increasing housing options for individuals and families who have historically been excluded from high-opportunity towns and neighborhoods. Relman Colfax looks forward to the positive impact this development will have for individuals and families in Brookline and hope it serves as a model for other towns and cities aiming to become places where families can thrive.
The Case Team
The Relman Colfax litigation team includes Rebecca Livengood, Michael Allen, Reed Colfax, and Valerie Comenencia Ortiz, with paralegal assistance from Charlotte Saltzman. Our co-counsel is Megan Carrier of Sheehan Phinney Bass & Green, PA in Manchester, New Hampshire.