On October 9, 2024, Relman Colfax, LLC, in partnership with SBarshov Law, filed a lawsuit in New York federal court against the Town of Southampton, NY, on behalf of Concern for Independent Living, Inc. This case addresses severe discrimination veterans and others with mental health disabilities face when seeking supportive housing, and specifically, it challenges Southampton’s discriminatory denial of Concern’s attempt to build supportive housing for these residents.
But there's more. The New York Times broke this story and conducted a feature interview with Relman Colfax’s Rebecca Livengood and Concern Housing’s Executive Director Ralph Fasano. This conversation shines a national spotlight on the discriminatory actions that we have been seeing in municipalities across the country, and it highlights the protections that are available under federal and state law for those facing discrimination.
“Discriminatory zoning decisions persist throughout the country, even though they are clearly illegal under the Fair Housing Act,” said Rebecca Livengood, partner at Relman Colfax and one of the attorneys representing Concern. “Concern’s decision to bring this case will help make real the Act’s promise in the lives of all members of our communities.”
Catch Up on the Case: here.
- In 2017, the Town of Southampton invited Concern to propose an affordable housing development on a vacant parcel behind the Southampton Full Gospel Church.
- Concern Housing’s proposed Liberty Gardens development would provide 50 affordable housing units, half of which would provide supportive housing for veterans and other individuals with mental health disabilities.
- Despite having met all requirements identified in the Final Environmental Impact Statement, the Town Board has unjustly blocked the rezoning necessary for the project.
- The lawsuit alleges the Town violated the Fair Housing Act and the Americans with Disabilities Act and other civil rights laws.
- There is no supportive housing for people with disabilities in Southampton; the Town’s actions have caused irreparable injury to veterans and other low-income people with mental health disabilities, preventing Liberty Gardens from providing community-based housing and support in a high-opportunity community.
- The need for affordable and supportive housing in Southampton was severe when the Town approached Concern in 2017, and it remains severe today.
Concern seeks an injunction requiring the Town to approve Liberty Gardens, as well as compensatory and punitive damages. A copy of the complaint can be found here. The full case page is available here. The New York Times article is here.