[StBernard] Fair housing group says St. Bernard Parish broke housing laws again

[Westley Annis]

Fair housing group says St. Bernard Parish broke housing laws again
By Chris Kirkham, The Times-Picayune 
October 14, 2009, 6:45PM
An ongoing legal battle between a fair housing group and St. Bernard Parish
has escalated again this week, with fair housing advocates asking that
parish officials be held in contempt of court for the fourth time this year
after calling for a local election that could permanently ban large
apartment complexes in the parish.


The Greater New Orleans Fair Housing Action Center has sued St. Bernard
Parish over its rental policies numerous times since 2006. The basic
contention: by limiting the availability of rentals in the parish, officials
are discriminating against minorities.

The most recent round of litigation has centered on the parish's attempts to
block construction of four 72-unit mixed-income apartment complexes in
Chalmette. After U.S. District Judge Ginger Berrigan ruled that the parish
was in contempt of court three separate times this year, the parish
eventually issued the building permits earlier this month.

But in the midst of that dispute, the Parish Council called for a Nov. 14
referendum that, if passed by a majority of voters, would ban apartment
complexes of more than six units from being built in the parish.

The ban would not apply to the four 72-unit complexes, but would prevent
construction of future large apartment complexes.

In the motion for contempt, filed Tuesday, attorneys for the Fair Housing
Action Center said that the call for an election "is an explicit,
intentional attempt to evade the court's orders in this matter and the fair
housing laws."

Berrigan struck down a similar Parish Council-approved ordinance in March
that banned construction of apartment complexes of more than five units.

This ordinance is different because voters, not the Parish Council, would
ultimately decide whether to ban such apartment developments.

The housing group is asking Berrigan to hold St. Bernard officials in
contempt of court and also block the referendum.

Parish President Craig Taffaro said Wednesday the parish's lawyers are
researching the legality of the election.

"Nevertheless, the future management of all available properties and the
standard of the quality of life in St. Bernard will continue to be a
priority in our recovery and growth, " Taffaro said. "Housing is certainly a
component in that priority."

The Louisiana secretary of state's office has already signed off on the
ballot language for the Nov. 14 special election. There are additional items
on the ballot aside from the apartment ban.