[StBernard] St. Bernard Parish Council housing plan drawing fire

[Westley Annis]

St. Bernard Parish Council housing plan drawing fire
by Chris Kirkham, The Times-Picayune 
Saturday September 05, 2009, 11:22 PM
The St. Bernard Parish Council is considering a ballot referendum later this
year that, if passed by voters, would force any developer of multifamily
housing to seek voter approval in order to build large apartment complexes
in the parish.

The initiative, which has already drawn the ire of fair housing advocates,
comes after a federal judge ruled twice this year that St. Bernard violated
the federal Fair Housing Act in attempts to block developers from building
four 72-unit mixed-income apartment complexes in Chalmette.

The Parish Council could approve the ballot language, along with several
other propositions, at its Sept. 15 meeting, although several council
members said they have concerns about the language.

As it is drafted, the ordinance calling for a special election gives voters
the chance to approve new parish regulations that say: "It shall be unlawful
for any private developer, development group, firm, corporation, or other
entity to develop any multi-family unit complex greater than 12 units within
the boundaries of St. Bernard Parish without a public referendum."

The developer would have to ask the Parish Council to call for a special
election and be required to pay all the costs for the election, as the
ordinance is drafted.

Attorneys with the Greater New Orleans Fair Housing Action Center, the group
that has sued St. Bernard over the mixed-income developments, sent an e-mail
to St. Bernard's defense attorneys this week saying they believe the
ordinance violates the Fair Housing Act.

"If the parish proceeds to enact this ordinance, we will immediately seek
any and all appropriate relief, including but not limited to contempt and
sanctions, " said Morgan Williams, general counsel for the Fair Housing
Action Center.

St. Bernard Parish attorney Michael Gorbaty said he had seen the e-mail from
the fair housing center but had not yet read the specific language of the
ordinance.

Parish President Craig Taffaro said he was involved in drafting the
ordinance but said the language could change as he had not yet submitted it
for a legal review.

The fair housing center and Dallas developer Provident Realty Advisors,
which is trying to build the four apartment complexes using federal
low-income housing tax credits, brought suit against the parish late last
year because of a Parish Council-approved building ban on apartments.

U.S. District Judge Ginger Berrigan tossed out the housing ban in March,
ruling that it was "racially discriminatory" because of the ban's effect on
minorities trying to rent in the parish. The parish's Planning Commission
then denied Provident's attempts to resubdivide the four properties, a
procedural step needed to proceed with construction.

Berrigan ruled again last month that the parish violated the Fair Housing
Act by using the resubdivision process to delay construction. After that
ruling, the Planning Commission denied the Provident developments again.

The parish will be back in court this week, after the plaintiffs asked
Berrigan to grant Provident the building permits and place hefty fines on
the parish if officials continue to delay the developments.

Parish Councilman Wayne Landry said the proposed referendum has nothing to
do with Provident because those four developments are already moving through
the parish's building process.

He said he disagrees with the language requiring multi-family housing
developers to seek a referendum. Instead, he said he supports language
giving the voters an option whether to ban apartment developments of more
than 12 units altogether.

Landry said he would try to amend the referendum before the council votes on
the measure.

"The wording of it that I want will amend our zoning laws to never allow
more than 12 units to be developed somewhere, " Landry said. "In my mind I'm
trying to give something back to the people and give them a voice as to what
the future of this parish is going to look like."

In order to get the measure on a Nov. 14 ballot, the parish would have to
pass the ordinance and get approval from the state Bond Commission and the
secretary of state's office before Sept. 29.