Court OKs Garden City discrimination suit

A federal district court has dismissed claims that Nassau County's housing practices toward minorities was discriminatory but allowed a lawsuit to proceed against the Village of Garden City.

The case dates back to a plan by former County Executive Thomas Suozzi to build high-end residential housing at the site of the old Social Services building and an adjacent parking lot in Garden City.

The plan, which never came to fruition, was challenged by local residents and the Long Island chapter of the now-defunct group ACORN, who argued that the site should be used for affordable housing.

They filed suit in 2005 alleging violations of the Fair Housing Act and Civil Rights Act. Two other nonprofit housing groups took over the suit when ACORN ceased operations.

Under a proposed plan, 311 affordable housing units would have been built on the site, but the village changed the zoning to allow a smaller number of luxury homes and town houses.

In a ruling issued last week, U.S. District Court Judge Arthur Spatt said Garden City and not the county set the zoning for the property.

"This is a big win for the taxpayers," said County Attorney John Ciampoli. "Now we can use the building in the most cost-effective way."

The plaintiff's attorney, Frederick Brewington of Hempstead, said he will pursue the case to "make sure that issues of affordable housing are made clear."

Village Counsel Gary Fishberg, however, denied the zoning decision was based on race. "The village does not acknowledge any wrongdoing," he said.

Suozzi declined to comment.

Nassau now plans to build a new Family and Matrimonial Court at the Social Services building at a cost of between $100 million and $120 million, Ciampoli said, adding the existing court in Westbury is in disrepair, does not provide the court with enough space, and floods often.

A 13-member supermajority of the legislature would be needed to approve the funding.