Arlington affordable housing policy discriminates against families, HUD claims
Arlington officials may have violated federal law when they denied a 2017 affordable housing project because it was not limited to elderly residents, according to the Department of Housing and Urban Development.
A six-page report the agency released Wednesday alleges that city staff and council members denied a 104-unit housing project, citing a city policy that required them to give preference to senior housing proposals. Additionally, HUD said in a news release, city officials indicated that residents with children are “problematic.”
“That’s kind of in violation of our city requirements,” a council member told the developer, according to the report. “That kind of doesn’t work for us right away, so I think I could make a determination on that one without taking a look at it. It just doesn’t fit the criteria.”
The policy has since been revised, according to a city spokesperson.
At the time, the policy gave preference to development or redevelopment of affordable housing for seniors and essential workers and their families. However, city officials made statements indicating they preferred senior projects.
According to HUD, officials violated the Fair Housing Act by using their preference as a determining factor in denying the proposal despite the demand for affordable housing for families.
If a federal judge finds that discrimination occurred, the city may owe the developer damages or attorney fees. The city could also face fines. Susan Schrock, a city spokesperson, told the Star-Telegram the city has filed a motion to be heard in federal district court instead of in front of an administrative law judge. She added that the policy has been revised as recently as November 2019.
The current policy does not list senior housing as one of its preferences.
