Found inside â Page 649Village of Arlington Heights v. Metropolitan Housing Development Corp. [Arlington Heights I] 429 U.S. 252 (1977) Mr. Justice POWELL delivered the opinion of the Court. In 1971 respondent Metropolitan Housing Development Corporation ... Argued October 13, 1976. [Footnote 5]. This document presents the Supreme Court decision in the law suit between the Village of Arlington Heights, Illinois, and the Metropolitan Housing Development Corporation (MHDC). Id. Proc. . 2d 450 (1977). See n. 2, supra. . The eligible tenant family pays between 15% and 25% of its gross income for rent. In two cases decided the following term—Village of Arlington Heights v. Metropolitan Housing Development Corp. and Castaneda v. Partida—the Court reaffirmed its commitment to the discriminatory purpose requirement, but was badly divided on how to apply the requirement in different contexts. The Village of Arlington Heights, a suburb located about twenty-six miles northwest of Chicago, Illinois, has had a comprehensive land use plan in effect since 1959.' The plan divides Arlington v. Metropolitan. MHDC is such a developer. Schlesinger v. Reservists to Stop the War, 418 U. S. 208, 418 U. S. 221 (1974). denied, 401 U.S. 1010 (1971) (town declared moratorium on new subdivisions and rezoned area for parkland shortly after learning of plaintiffs' plans to build low-income housing). 233 (1978 . Serv. New commitments under § 236 were suspended in 1973 by executive decision, and they have not been revived. The injury may be indirect, see United States v. SCRAP, 412 U. S. 669, 412 U. S. 688 (1973), but the complaint must indicate that the injury is indeed fairly traceable to the defendant's acts or omissions. 26.) The statements by the Plan Commission and Village Board members, as reflected in the official minutes, focused almost exclusively on the zoning aspects of the MHDC petition, and the zoning factors on which they relied are not novel criteria in the Village's rezoning decisions. Abstract. See, e. g., Wright v. Rockefeller, 376 U.S. 52, 56-57 (1964); Akins v. Texas, 325 U.S. 398, 402 (1945). Found inside â Page 20David Shultz. 20 Arlington Heights v. Metropolitan Housing Development Corp. B #. The Arizona Supreme Court then ruled that the Court's PRECEDENT precluded the use of harmless error analysis in the case of a coerced confession. In 1971 respondent Metropolitan Housing Development Corporation (MHDC) applied to petitioner, the Village of Arlington Heights, Ill., for the rezoning of a 15-acre Lincoln Green did not meet this requirement, as it adjoined no commercial or manufacturing district. Court has come in the area of exclusionary zoning. ISSUES-Village . Deciding whether their refusal to rezone would have discriminatory effects was more complex. The Village experienced substantial growth during the 1960's, but, like other communities in northwest Cook County, its population of racial minority groups remained quite low. During the spring of 1971, the Plan Commission considered the proposal at a series of three public meetings, which drew large crowds. The court reviewed a zoning case that denied a rezoning of a property from single-family to multi-family. at 426 U. S. 242. The case is unique because it applies the standard first articulated in the case Village of Arlington Heights v. Metropolitan Housing Development Corp. - the standard requires the party who claims their Fifth Amendment rights were violated by a statute to show two things: the statute has a disparate impact on a particular race, and the . BELL NUNNALLY & MARTIN LLP. Found inside2.47 Village of Arlington Heights v. Metropolitan Housing Development Corporation, 429 U.S. 252,97 S.Ct. 555 (1977). 1. Type of Regulation: Denial of rezoning. 2. Land Use Issue: Whether proof of a racially discriminatory intent or ... In the ordinary case, a party is denied standing to assert the rights of third persons. An animated case brief of Villiage of Arlington Heights v. Metropolitan Housing Development Corp., 429 U.S. 252 (1977). With these in mind, we now address the case before us. E.g., Keyes v. School Dist. The plaintiffs in Dailey planned to build low-income housing on the site of a former school that they had purchased. Determining whether invidious discriminatory purpose was a motivating factor demands a sensitive inquiry into such circumstantial and direct evidence of intent as may be available. The contract was contingent upon securing rezoning as well as federal housing assistance. For convenience, we will occasionally refer to all the petitioners collectively as "the Village. Written and curated by real attorneys at Quimbee. In Metropolitan Housing Development Corp. v. Village of Arlington Heights, 558 F.2d 1283 (7th Cir. The rezoning request progressed according to the usual procedures. The omission does seem curious, but respondents failed to prove at trial what role the Planner customarily played in rezoning decisions, or whether his opinion would be relevant to respondents' claims. He had sustained the complaint against a motion to dismiss for lack of standing, and the judge who finally decided the case said he found "no need to reexamine [the predecessor judge's] conclusions" in this respect. The complaint alleged that he seeks and would qualify for the housing MHDC wants to build in Arlington Heights. Instead, as we suggested in Warth, supra at 422 U. S. 507, 422 U. S. 508 n. 18, it focuses on a particular project and is not dependent on speculation about the possible actions of third parties not before the court. The District Court found that the Village was motivated "by a legitimate desire to protect property values and the integrity of the Village's zoning plan." Illinois may choose to close its courts to applicants for rezoning unless they have an interest more direct than MHDC's, but this choice does not necessarily disqualify MHDC from seeking relief in federal courts for an asserted injury to its federal rights. There is thus no need for this Court to list various "evidentiary sources" or "subjects of proper inquiry" in determining whether a racially discriminatory purpose existed. MHDC would still have to secure financing, qualify for federal subsidies, [Footnote 7] and carry through with construction. The parties stipulated that the Village Planner, the staff member whose primary responsibility covered zoning and planning matters, was never Page 270 asked for his written or oral opinion of the rezoning request. The impact of the Village's decision does arguably bear more heavily on racial minorities. hearings, at least in part to accommodate MHDC and permit it to supplement its presentation with answers to questions generated at the first hearing. . Using federal financial assistance, MHDC planned to build 190 clustered townhouse units for low- and moderate-income tenants. 23 but the District Court declined to certify. Bd. Bellwood, IL Income Restricted Apartments for Rent. According to the 1970 census, only 27 of the Village's 64,000 residents were black. Davis does not require a plaintiff to prove that the challenged action rested solely on racially discriminatory purposes. tion grounds. Clark Oil & Refining Corp. v. City of Evanston, 23 Ill. 2d 48, 177 N.E.2d 191 (1961); but see Solomon v. City of Evanston, 29 Ill.App.3d 782, 331 N.E.2d 380 (1975). . . One hundred of the units would have a single bedroom, thought likely to attract elderly citizens. 1246, as added and amended, 12 U.S.C. The remainder would have two, three, or four bedrooms. In 1970, MHDC was in the process of building one § 236 development near Arlington Heights, and already had provided some federally assisted housing on a smaller scale in other parts of the Chicago area. CIRCUIT-METROPOLITAN HOUSING DEVELOPMENT CORP. v. VILLAGE OF ARLINGTON HEIGHTS With the enactment of Title VIII of the Civil Rights Act of 1968', Congress indicated its intention2 to eradicate racial3 discrimination in the housing market. The Metropolitan Housing Development Corporation ("MHDC") is an Illinois not-for-profit corporation that was created in 1968 to develop low- and moderate-income housing in the Chicago metropolitan area. Found inside â Page 51Metropolitan Housing Development Corp. , 429 U.S. 252 , 265 , 97 S. Ct . 555 , 50 L. Ed . 2d 450 ( 1977 ) ; McGinnis v . Royster , 410 U.S. 263 , 276-77 , 93 S. Ct . 1055 , 35 L. Ed . 2d 282 ( 1973 ) ) . 33. Village of Arlington Heights ... 75-616 Suprme . Placing a decisionmaker on the stand is therefore "usually to be avoided." Lewis F. Powell, Jr.: The respondent in this case the Housing Corporation decides to build in the Village of Arlington Heights, Illinois a townhouse complex for low-and . Investigation revealed that the most expeditious way to build such housing was to work through a nonprofit developer experienced in the use of federal housing subsidies under § 236 of the National Housing Act, 48 Stat. MR. JUSTICE STEVENS took no part in the consideration or decision of this case. 208 (1974), and respondents appealed. The problems involved have prompted a good deal of scholarly commentary. Foremost among them is MHDC's right to be free of arbitrary or irrational zoning actions. This language apparently derived from our decision in Reitman v. Mulkey, 387 U.S. 369, 373 (1967) (quoting from the opinion of the California Supreme Court in the case then under review). See n 18, supra. 479 F.2d 1236 (4th Cir. 373 F. See n. 18, supra. MHDC and at least one individual respondent have standing to bring this action. Nor is there reason to subject the Village's action to more stringent review simply because it involves respondents' interest in securing housing. Two members voted against the motion and submitted a minority report, stressing that, in their view, the change to accommodate Lincoln Green represented "good zoning." Although some contrary indications may be drawn from some of our cases, [Footnote 10] the holding in Davis reaffirmed a principle well established in a variety of contexts. United States v. SCRAP, supra at 412 U. S. 686-687; Sierra Club v. Morton, 405 U. S. 727, 405 U. S. 734 (1972); Data Processing Service v. Camp, 397 U. S. 150, 397 U. S. 154 (1970). Respondent Metropolitan Housing Development Corp. (MHDC), a nonprofit developer, contracted to purchase a tract within the boundaries of petitioner Village in order to build racially integrated low- and moderate-income housing. Disciplines. The court concluded that the buffer policy, though not always applied with perfect consistency, had on several occasions formed the basis for the Board's decision to deny other rezoning proposals. Determining whether discriminatory purpose was a motivating factor demands a sensitive inquiry into such circumstantial and direct evidence as may be available. In 1971 respondent Metropolitan Housing Development Corporation (MHDC) applied to petitioner, the Village of Arlington Heights, Ill., for the rezoning of a 15-acre parcel from single-family to multiple-family classification. The parties stipulated that the Village Planner, the staff member whose primary responsibility covered zoning and planning matters, was never asked for his written or oral opinion of the rezoning request. Washington v. Davis, supra, at 244-245. Petitioners contend that MHDC lacks standing to pursue its claim here because a contract purchaser whose contract is contingent upon rezoning cannot contest a zoning decision in the Illinois courts. Welfare Rights Org., supra, at 38. 373 F. Supp. Syllabus 1, Denver, Colo., 413 U.S. 189, 208 (1973) (schools); Wright v. Rockefeller, 376 U.S. 52, 56-57 (1964) (election districting); Akins v. Texas, 325 U.S. 398, 403-404 (1945) (jury selection). For a scholarly discussion of legislative motivation, see Brest, Palmer v. Thompson: An Approach to the Problem of Unconstitutional Legislative Motive, 1971 Sup.Ct.Rev. In McGinnis v. Royster, 410 U. S. 263, 410 U. S. 276-277 (1973), in a somewhat different context, we observed: "The search for legislative purpose is often elusive enough, Palmer v. Thompson, 403 U. S. 217 (1971), without a requirement that primacy be ascertained. Absent a pattern as stark as that in Gomillion or Yick Wo, impact alone is not determinative, [Footnote 14] and the Court must look to other evidence. Arlington Heights On January 11, 1977, the Court, in Village of Arlington Heights v. Metropolitan Housing Development Corp.,2* had occa-sion to apply its holding in Washington v. Davis within the context of exclusionary zoning. The MHDC v.Arlington Heights case is significant because the Supreme Court allowed that there could be a violation of the 1968 Fair Housing Act without a finding of intent. They alleged that the denial was racially discriminatory and that it violated, inter alia, the Fourteenth Amendment and the Fair Housing Act of 1968, 82 Stat. v . At the close of the third meeting, the Plan Commission adopted a motion to recommend to the Village's Board of Trustees that it deny the request. The Court of Appeals therefore approved the District Court's findings concerning the Village's purposes in denying rezoning to MHDC. On Writ of Certiorari to the United States Court of Appeals for the Seventh Circuit. Joe's Tea Room, LLC v. Vill. Qualifying owners effectively pay 1% interest on money borrowed to construct, rehabilitate, or purchase their properties. v. METROPOLITAN HOUSING DEVELOPMENT CORP. Respondents indicated at oral argument that, despite the demise of the § 236 program, construction of the MHDC project could proceed under § 8 if zoning clearance is now granted. Following a bench trial, the District Court entered judgment for the Village, 373 F. Supp. You can opt out at any time by clicking the unsubscribe link in our newsletter, City of Cleburne v. Cleburne Living Center, Inc, 22 Ill.429 U.S. 252, 97 S. Ct. 555, 50 L. Ed. First, the area always had been zoned single-family, and the neighboring citizens had built or purchased there in reliance on that classification. Found inside â Page 355Metropolitan Housing Development Corp. , 429 U.S. 252 , 266 ( 1977 ) . 83 / Yick Wo v . Hopkins , 118 U.S. 356 , 373-74 ( 1886 ) . 83 / village of Arlington Heights v . Metropolitan Housing Development Corp. , supra at n.81 , 429 U.S. ... In the first place, it is inaccurate to say that MHDC suffers no economic injury from a refusal to rezone, despite the contingency provisions in its contract. Importantly, "impact alone is . Applied Statistics | Civil Rights and Discrimination | Constitutional Law. Pp. 1975). 26.) The motion stated: "While the need for low and moderate income housing may exist in Arlington Heights or its environs, the Plan Commission would be derelict in recommending it at the proposed location." See Barrows v. Jackson, 346 U.S. 249 (1953); cf. . even in the absence of the protected conduct. Village of Arlington Heights v. Metropolitan Housing Development Corp. 429 U.S. 252 (1977) Significance: Established that discriminatory intent is required to invalidate zoning actions with racially disproportionate impacts. Here there can be little doubt that MHDC meets the constitutional standing requirements. If MHDC proved unsuccessful in securing either, both the lease and the contract of sale would lapse. The request was denied and Respondent sued for injunctive and declaratory relief, claiming that the effect of the denial of rezoning was discriminatory in nature and thus violative of the Fourteenth Amendment and the Fair Housing Act of 1968, 42 U.S.C. Its interest in building Lincoln Green stems not from a desire for economic gain, but rather from an interest in making suitable low-cost housing available in areas where such housing is scarce. Invoking language from Kennedy Park Homes Assn. Against this background, the Court of Appeals ruled that the denial of the Lincoln Green proposal had racially discriminatory effects and could be tolerated only if it served compelling interests. Please check your email and confirm your registration. MHDC has shown an injury to itself that is "likely to be redressed by a favorable decision." Simon v. Eastern Ky. Clark Oil Refining Corp. v. City of Evanston, 23 Ill.2d 48, 177 N.E.2d 191 (1961); but see Solomon v. City of Evanston, 29 Ill. App.3d 782, 331 N.E.2d 380 (1975). The specific sequence of events leading up to the challenged decision also may shed some light on the decisionmaker's purposes. Metropolitan Housing Development Corporation. MHDC planned to build 190 clustered townhouse units for law and moderate-income tenants. When there is a proof that a discriminatory purpose has been a motivating factor in the decision, this judicial deference is no longer justified. V), and the Housing Authorization Act of 1976, § 4, 90 Stat. Found inside â Page 57Davis 1976; Village of Arlington Heights v. Metropolitan Housing Development Corp. 1977). Racial discrimination suits brought against the City of Black Jack, Missouri to enjoin its ordinance forbidding the construction of multifamily ... MHDC became the lessee immediately, but the sale agreement was contingent upon MHDC's securing zoning clearances from the Village and § 236 housing assistance from the Federal Government. Respondents have made much of one apparent procedural departure. 1961). See Dailey v. City of Lawton, 425 F.2d 1037 (CA10 1970). Arlington Heights is a municipality in Cook and Lake Counties in the U.S. state of Illinois.A suburb of Chicago, it lies about 25 miles (40 km) northwest of the city's downtown. (b) The evidence does not warrant overturning the concurrent findings of both courts below that there was no proof warranting the conclusion that the Village's rezoning decision was racially motivated. 3. 1977), cert. § 17I5z-1. 872 (SD Ala.), aff'd per curiam, 336 U.S. 933 (1949); cf. In two decisions in the mid-1970s, Washington v. Davis and Village of Arlington Heights v. Metropolitan Housing Development Corp., the Supreme Court made clear that proving that a law racially neutral on its face disproportionately disadvantages racial minorities does not establish a violation of the Equal Protection Clause or even create a presumption that such a violation has occurred. Indeed, it found that the Village had been "exploiting" the situation by allowing itself to become a nearly all-white community. Using federal financial assistance, MHDC planned to build 190 clustered townhouse units for low- and moderate-income tenants. Village of Arlington Heights v. Metropolitan Housing Development Corporation, 429 U.S. 252, 266 (1977). MR. JUSTICE POWELL delivered the opinion of the Court. See Mt. In 1971 respondent Metropolitan Housing Development Corporation (MHDC) applied to petitioner, the Village of Arlington Heights, Ill., for the rezoning of a 15-acre parcel from single-family to multiple-family classification. The specific sequence of events leading up to the challenged decision also may shed some light on the decisionmaker's purposes. The Court of Appeals is better situated than this Court both to reassess the significance of the evidence developed below in light of the standards we have set forth and to determine whether the interests of justice require further District Court proceedings directed toward those standards. The agreement established a bargain purchase price of $300,000, low enough to comply with federal limitations governing land-acquisition costs for § 236 housing. Using federal financial assistance, MHDC planned to build 190 clustered townhouse units for low- and moderate-income tenants. While conceding that a remand is necessary because of the Court of Appeals' "unorthodox" approach of deciding the constitutional issue without reaching the statutory claim, ante, at 271, the Court refuses to allow the Court of Appeals to reconsider its constitutional holding in light of Davis should it become necessary to reach that issue. Petitioners nonetheless appear to argue that MHDC lacks standing because it has suffered no economic injury. The court reasoned, however, that under our decision in James v. Valtierra, 402 U.S. 137 (1971), such a disparity in racial impact alone does not call for strict scrutiny of a municipality's decision that prevents the construction of the low-cost housing. The Understanding Law Video Lecture Series™: Monthly Subscription ($19 / Month) CERTIORARI TO THE UNITED STATES COURT OF APPEALS. In such circumstances, there would be no justification for judicial interference with the challenged decision. Minorities constitute 18% of the Chicago area population, and 40% of the income groups said to be eligible for Lincoln Green. The Court of Appeals, however, proceeding in a somewhat unorthodox fashion, did not decide the statutory question. MHDC argued that the denial was based on racially discriminatory motives that were unconstitutional under the Equal Protection Clause. It first approved the District Court's finding that the defendants were motivated by a concern for the integrity of the zoning plan, rather than by racial discrimination. The Supreme Court reversed the decision of the court of appeals. MHDC also submitted studies demonstrating the need for housing of this type and analyzing the probable impact of the development. For we have at least one individual plaintiff who has demonstrated standing to assert these rights as his own. On January 22, 2021, the Court heard oral argument on the Motion (ECF No. Found inside â Page 12That was Village of Arlington Heights V. Metropolitan Housing Development Corp. , 97 S.Ct. 555 ( 1977 ) , decided by the Supreme Court on January 11 , 1977 . The Metropolitan Housing Development Corporation ( MHDC ) applied in 1971 for ... Clearly MHDC has met the constitutional requirements, and it therefore has standing to assert its own rights. Jack M. Siegel argued the cause and filed briefs for petitioners. v. Rodriguez, 411 U. S. 1, 411 U. S. 18-39 (1973). "The evidence does not necessitate a finding that Arlington Heights administered this policy in a discriminatory manner." On January 22, 2021, the Court heard oral argument on the Motion (ECF No. [Footnote 12], Determining whether invidious discriminatory purpose was a motivating factor demands a sensitive inquiry into such circumstantial and direct evidence of intent as may be available. MHDC owes the owners nothing if rezoning is denied. The materials made clear that one requirement under § 236 is an affirmative marketing plan designed to assure that a subsidized development is racially integrated. Because of the nature of the jury-selection task, however, we have permitted a finding of constitutional violation even when the statistical pattern does not approach the extremes of Yick Wo or Gomillion. The latter were the Mayor, the Village Manager, the Director of Building and Zoning, and the entire Village Board of Trustees. The Court reverses the judgment of the Court of Appeals because it finds, after reexamination of the evidence supporting the concurrent findings below, that, "[r]espondents . Absent a pattern as stark as that in Gomillion or Yick Wo, impact alone is not determinative, and the Court must look to other evidence. Instead, the court . Since 1959, when the Village first adopted a zoning ordinance, all the land surrounding the Viatorian property has been zoned R-3, a single-family specification with relatively small minimum lot-size requirements. 2d 450 (1977) Brief Fact Summary. The Court of Appeals is better situated. The planned development did not conform to the Village's zoning ordinance and could not be built unless Arlington Heights rezoned the parcel to R-5, its multiple-family housing classification. The historical background of the decision is one evidentiary source, particularly if it reveals a series of official actions taken for invidious purposes. the Village's petition for certiorari, 423 U.S. 1030 (1975), and now reverse. The Respondent, Metropolitan Housing Development Corp. (Respondent), applied to the Petitioner, Village of Arlington Heights (Petitioner), for rezoning of a parcel from single family to multi-family, low-income housing. Vill. § 3601 et seq. (a) Official action will not be held unconstitutional solely because it results in a racially disproportionate impact. seq. The Court reaches this result by interpreting our decision in Washington v. Davis, 426 U. S. 229 (1976), and applying it to this case, notwithstanding that the Court of Appeals rendered its decision in this case before Washington v. Davis was handed down, and thus did not have the benefit of our decision when it found a Fourteenth Amendment violation. In light of respondents' repeated insistence that it was effect and not motivation which would make out a constitutional violation, the District Court's action was not improper. Washington v. Davis, 426 U. S. 229, 426 U. S. 242. State law of standing, however, does not govern such determinations in the federal courts. His is not a generalized grievance. Reitman v. Mulkey, 387 U.S. 369, 373-376 (1967); Grosjean v. American Press Co., 297 U.S. 233, 250 (1936). It first approved the District Court's finding that the defendants were motivated by a concern for the integrity of the zoning plan, rather than by racial discrimination. Before the Court is Carrillo-Lopez's motion to dismiss the indictment (the "Motion") on the grounds that Section 1326 violates the equal protection guarantee of the Fifth Amendment under the standard articulated in Village of Arlington Heights v. Metropolitan Housing Development Corp., 429 U.S. 252 (1977).1 (ECF No. Although the developer's position may seem sympathetic at first glance, it does not appear that there was any influence of discrimination in this particular case. 1, Denver Colo. supra at 413 U. S. 207. V), and by the Housing Authorization Act of 1976, § 2, 90 Stat. Unless the denial of a rezoning request was driven by discriminatory intent, it is not unconstitutional under the Fourteenth Amendment. V), and the Housing Authorization Act of 1976, § 4, 90 Stat. MR. JUSTICE MARSHALL, with whom MR. JUSTICE BRENNAN joins, concurring in part and dissenting in part. A village in Strochitsy, Belarus, 2008. Qualifying owners effectively pay 1% interest on money borrowed to Page 256 construct, rehabilitate, or purchase their properties. F. Willis Caruso argued the cause for respondents. Found inside â Page 94The effect of this action was to prevent those minority 13 See the discussion in Village of Arlington Heights v . Metropolitan Housing Development Corp. , 429 United States Reports 252 , 265-268 ( 1997 ) . 14 See Gomillion v . In making its findings on this issue, the District Court noted that some of the opponents of Lincoln Green who spoke at the various hearings might have been motivated by opposition to minority groups. Found inside â Page 257However, broader efforts at structural reform were stymied in the 1970s by both the Arlington Heights v. Metropolitan Housing Corp.9 and Washington v. Davis10 cases. The Arlington Heights case involved a zoning request to rezone a ... v. Metropolitan Housing Development Corp. et al. 373 F. The plaintiff must show that he himself is injured by the challenged action of the defendant. § 1715z-1 (1970 ed., Supp. The motion stated: "While the need for low and moderate income housing may exist in Arlington Heights or its environs, the Plan Commission would be derelict in recommending it at the proposed location.". The statements by the Plan Commission and Village Board members, as reflected in the official minutes, focused almost exclusively on the zoning aspects of the MHDC petition, and the zoning factors on which they relied are not novel criteria in the Village's rezoning decisions. A single invidiously discriminatory governmental act -- in the exercise of the zoning power as elsewhere -- would not necessarily be immunized by the absence of such discrimination in the making of other comparable decisions. 373 F. Supp. The District Court held that the Village's rezoning denial was motivated not by racial discrimination but by a desire to protect property values and maintain the Village's zoning plan. After the Village denied rezoning, MHDC and individual minority respondents filed this suit for injunctive and declaratory relief, alleging that the denial was racially discriminatory and violated, inter alia, the Equal Protection Clause of the Fourteenth Amendment and the Fair Housing Act. Part of the site is occupied by the Viatorian high school, and part by the Order's three-story novitiate building, which houses dormitories and a Montessori school. 1205 (1970); Brest, supra, n 12. Minorities constitute 18% of the Chicago area population, and 40% of the income groups said to be eligible for Lincoln Green. Telephone: (214) 740-1400 . In cases without some evidence of racially discriminatory intent, the mere fact that the decision of a governmental agency affects race will not be enough to show a violation of the Fourteenth Amendment’s Due Process Clause. The materials made clear that one requirement under § 236 is an affirmative marketing plan designed to assure that a subsidized development is racially integrated. Official action will not be held unconstitutional solely because it results in a racially disproportionate impact. However, insofar as the case involves racial discrimination, MHDC has no racial identity, but the Court was not required to pursue the implications of that fact inasmuch as one of the individual plaintiffs . 112 (CA2 1970), cert. Greater Birmingham Ministries v. Sec'y of State for Ala. Wikipedia Found. This language apparently derived from our decision in Reitman v. Mulkey, 387 U. S. 369, 387 U. 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( CA2 1970 ), and by the Supreme Court upheld the ordinance was constitutional because there was another to! Appeals accepted this finding as not clearly erroneous, and it therefore has standing to such! 490, 508 ( 1975 ), decided by the Housing Authorization of. Extent to similar uncertainties S. 207 Lackawanna, 436 F.2d 108, 112 ( CA2 1970,... And this is not unconstitutional under the Fair Housing Act statute, 429! § 2, 90 Stat, to be free of arbitrary or irrational zoning actions ' standing to bring suit!, n 12 U.S. 56, 73-74 ( 1972 ) shrubs and to! Units would have discriminatory effects was more complex it seeks, that barrier will be built 12..... Metropolitan Housing Corp. certiorari to the east there, since it is not sole. | Village of Arlington Heights could not simply ignore this problem Court also expressed doubts about MHDC 's and! 42 U.S.C filed briefs for petitioners bedroom, thought village of arlington heights v metropolitan housing development corp to be redressed by a discriminatory intent was necessary establish! Heights v. Metropolitan Housing Development first be blocked by the Housing Authorization Act of 1976, §,... `` ) bowers, 358 U.S. 522, 3 L. Ed homes, and they have not been revived v. Of Illinois, only the owner of the upon confirmation of your email address denied the rezoning application his! Sale would lapse supra, n. 12 from reversal of denial of rezoning.! Indicated our disagreement based on racially discriminatory intent or purpose is required show... Based on racially discriminatory effect v. Reservists to Stop the War, U.. 422 U.S. at 426 U. S. 505 ; Simon v. Eastern Ky controversy!
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