The town of Franklinton, Louisiana, about 70 miles north of New Orleans and not far from the Mississippi state line, has come under fire from the Department of Justice for violating the Fair Housing Act by blocking an affordable housing development planned for its town. The Department of Justice alleges that the town discriminated based on the race and color of potential residents by blocking zoning for a housing development that would have been funded under tax incentives that subsidize the construction of low-income housing. This is an interesting case of alleged housing discrimination that other communities should take note of when approving (or not approving) new housing.
The zoning application was denied.
Franklinton is an interesting community. On paper it appears diverse, with approximately 48% of the population registered as black. Yet the town is racially segregated. Black people live in the north part of town, while the south part is primarily white. The development was to take place in the south part of town. The Department of Justice complaint alleges that the Zoning Board recommended approval of the housing development. This recommendation was rejected by the Mayor and City Council, who never even voted on the matter.
Because the zoning was not approved, the developer had to return the tax credits it had received. No housing was developed and the land is vacant. The developer complained to the Department of Housing and Urban Development (HUD), who referred the matter to the Department of Justice.
“The Fair Housing Act prohibits cities and towns from blocking low-income housing developments because they believe that Black people will make up a large proportion of their future residents,” said Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division. “Officials must ensure that affordable housing opportunities are available and accessible to all families, regardless of race.”
Town settles with Department of Justice
The City of Franklinton agreed to pay $25,000 in civil penalties and $205,000 to the developer. It will also support new housing development by rezoning available land, approving new development, creating a land donation program for low-income housing, and revising zoning procedures to ensure discrimination is not part of the process.
Fair housing is a right for all Americans. Housing development, like any other process, must be free of discrimination.