Lawsuit Accuses Farmingdale Village of Housing Bias

A federal judge has ruled that a case accusing the of housing bias will go to trial.

The case was filed by nine Latinos through Hofstra University Law School’s Law Reform Advocacy Clinic. It claims the Village violated the Fair Housing Act by “implementing a redevelopment plan that targeted a 54-unit apartment complex” at 150 Secatogue Ave. The apartment complex housed predominately Hispanic immigrant tenants, the case says.

"The Village of Farmingdale will continue to vigorously defend the Federal Court Fair Housing Act lawsuit," said Village Attorney Kevin Walsh, after United States District Court Judge Denis Hurley denied the Village's motion to dismiss the case.

The plaintiffs also sued Secatogue Realty members who ran the building. The plaintiffs stipulate that the Village did not force the former owner to make repairs and sped up the permit process for a developer to turn the building into upscale apartments back in 2006. Tenants claim that the building had rats, mold, exposed electrical wires, broken radiators, leaking ceilings and other problems.

"Hofstra alleges that the Village’s efforts to improve poor housing conditions at 150 Secatogue amounted to discrimination since it resulted in a new and better building causing the plaintiffs to be unable to afford the new rents," Walsh said. "The Village maintains that its effort was to protect the residents of the building regardless of who they were by issuing numerous violations against the prior buildings owner."

The case dates back to 1999, when the Village first raised the idea of acquiring the building via eminent domain. This discussion continued until 2004, during which owner John Tosini said that "it did not make fiscal sense for [him] to make capital improvements to the property," since a sale was likely to occur. However, he maintains that he continued to make necessary repairs to the building.

In December 2004, the building was sold to Fairfield Aquisition. That company was originally sued as well, before reaching a settlement agreement with the plaintiffs in exchange for dismissal from the suit.

Stefan Krieger, the Hofstra University Law School professor leading the case, has said that he believes this is the first time a U.S. judge has ruled that a village redevelopment plan that is being executed by a private developer can be the basis for a discrimination case.

The trial is expected to go before a jury in the U.S. District Court in Central Islip by the end of 2011.

"The Village of Farmingdale has, and will continue to, treat all of its residents in a fair and equal manner which makes this Village such a desirable place to live," Walsh said.