Oyster Bay housing discrimination claims moving forward in state and federal court
Pictured is the Town Hall in Oyster Bay, where municipal officials are defending against two long-running lawsuits that have alleged discriminatory housing practices.
Credit: Anthony Lanzilote
Two long-running housing discrimination cases against the Town of Oyster Bay are moving forward, with a state judge ordering the parties to be ready for trial this month and depositions continuing in the federal case.
New York State's Division of Human Rights sued the town in 2015 alleging that policies that give preference to town residents in two housing programs violate state anti-discrimination laws.
The state’s lawsuit followed a federal lawsuit the U.S. Department of Justice filed in 2014 that alleged those preference policies violated the federal Fair Housing Act.
The town has said the preference policies are intended to benefit residents and has denied they are discriminatory.
Acting State Supreme Court Justice Felice Muraca ordered the town and state to be ready for trial in Mineola on March 27.
The lawsuits allege that the preference given to town residents when it comes to buying housing built under two town programs — Golden Age for seniors and Next Generation for first-time homebuyers who meet income restrictions — discriminated on the basis of race and color because the town is overwhelmingly white whereas surrounding communities have a larger percentage of Black people.
The federal filing said 2010 census data showed the town's Black population was 2.3% compared to 11.1% in Nassau County and 25.5% in New York City.
The programs incentivized developers to build below-market rate housing by permitting them to build at greater density than otherwise would be allowed in the town.
The state case also alleges the town offered tax breaks and subsidies to developers in the program. The Next Generation program also gave preference to the children of town residents.
“We will continue to defend the right of Town residents to receive priority under the program so those from our community can afford to age and stay near their family, friends, doctors and support systems,” Oyster Bay spokesman Brian Nevin said in an email.
Nevin and a Division of Human Rights spokesman said last week the parties still were exchanging discovery — information both sides collect and send to each other to prepare for trial.
In a Nov. 27 filing in the state case, Oyster Bay's outside legal counsel, Leo Dorfman of Carle Place-based Sokoloff Stern LLP, indicated the town will ask the court to grant summary judgment after discovery is completed.
A judge may grant summary judgment — a ruling in favor of one party on all or some claims — if the facts warrant a decision without a trial.
A U.S. Department of Justice spokesman declined to comment on the ongoing federal litigation.
The federal case previously was paused when now-late former Oyster Bay Town Supervisor John Venditto, a civil case defendant, faced state and federal corruption charges. A jury acquitted Venditto in the federal case and he pleaded guilty in the state case.
The Justice Department said in a Feb. 25 filing its lawyers expect to complete witness depositions in April with the exception of an official who previously worked in the town planning department and now chairs the Zoning Board of Appeals.
The town unsuccessfully sought to prevent the federal government from deposing Town Supervisor Joseph Saladino and several other elected town officials.
The town agreed to share 17 depositions from “a related federal matter” with state attorneys, Dorfman wrote in his November filling.
Two long-running housing discrimination cases against the Town of Oyster Bay are moving forward, with a state judge ordering the parties to be ready for trial this month and depositions continuing in the federal case.
New York State's Division of Human Rights sued the town in 2015 alleging that policies that give preference to town residents in two housing programs violate state anti-discrimination laws.
The state’s lawsuit followed a federal lawsuit the U.S. Department of Justice filed in 2014 that alleged those preference policies violated the federal Fair Housing Act.
The town has said the preference policies are intended to benefit residents and has denied they are discriminatory.
Acting State Supreme Court Justice Felice Muraca ordered the town and state to be ready for trial in Mineola on March 27.
The lawsuits allege that the preference given to town residents when it comes to buying housing built under two town programs — Golden Age for seniors and Next Generation for first-time homebuyers who meet income restrictions — discriminated on the basis of race and color because the town is overwhelmingly white whereas surrounding communities have a larger percentage of Black people.
The federal filing said 2010 census data showed the town's Black population was 2.3% compared to 11.1% in Nassau County and 25.5% in New York City.
The programs incentivized developers to build below-market rate housing by permitting them to build at greater density than otherwise would be allowed in the town.
The state case also alleges the town offered tax breaks and subsidies to developers in the program. The Next Generation program also gave preference to the children of town residents.
“We will continue to defend the right of Town residents to receive priority under the program so those from our community can afford to age and stay near their family, friends, doctors and support systems,” Oyster Bay spokesman Brian Nevin said in an email.
Nevin and a Division of Human Rights spokesman said last week the parties still were exchanging discovery — information both sides collect and send to each other to prepare for trial.
In a Nov. 27 filing in the state case, Oyster Bay's outside legal counsel, Leo Dorfman of Carle Place-based Sokoloff Stern LLP, indicated the town will ask the court to grant summary judgment after discovery is completed.
A judge may grant summary judgment — a ruling in favor of one party on all or some claims — if the facts warrant a decision without a trial.
A U.S. Department of Justice spokesman declined to comment on the ongoing federal litigation.
The federal case previously was paused when now-late former Oyster Bay Town Supervisor John Venditto, a civil case defendant, faced state and federal corruption charges. A jury acquitted Venditto in the federal case and he pleaded guilty in the state case.
The Justice Department said in a Feb. 25 filing its lawyers expect to complete witness depositions in April with the exception of an official who previously worked in the town planning department and now chairs the Zoning Board of Appeals.
The town unsuccessfully sought to prevent the federal government from deposing Town Supervisor Joseph Saladino and several other elected town officials.
The town agreed to share 17 depositions from “a related federal matter” with state attorneys, Dorfman wrote in his November filling.
