[StBernard] Court hearing on St. Bernard housing case is off

[Westley Annis]

Court hearing on St. Bernard housing case is off

Published: Tuesday, February 01, 2011, 6:31 PM     Updated: Tuesday,
February 01, 2011, 6:38 PM

 By Benjamin Alexander-Bloch, The Times-Picayune 

A hearing into allegations of racial discrimination by St. Bernard Parish
officials and the Parish Council will not be held Wednesday morning as U.S.
District Judge Ginger Berrigan instead is weighing whether an evidentiary
hearing is warranted or whether to simply decide the case outright.

The Greater New Orleans Fair Housing Action Center and Provident Realty
Advisors filed the contempt of court motion last month alleging St. Bernard
is discriminating against African-Americans by denying Provident's four
mixed-income multifamily apartment complexes proposed for Chalmette. St.
Bernard officials contend that everything was done above board: a building
permit was given to Provident on Oct. 1, 2009, and in the meantime that
permit has expired and parish zoning rules have changed.

That building permit was issued after Berrigan issued three different
contempt of court motions against St. Bernard for putting road blocks in the
way of the four 72-unit apartments. The federal judge repeatedly stated that
not allowing construction intentionally discriminated against
African-Americans.

Parish officials have maintained that the apartments are not needed in St.
Bernard and allowing their construction would drive down property values.

While contempt of court motion will no longer be heard Wednesday, Berrigan
could rule on the case, or the need for a hearing, this week. Both the New
Orleans fair housing center and St. Bernard have said a hearing is
unnecessary because their court filings speak to the strength of their
cases.

A decision is expected to come quickly as the New Orleans fair housing
center has requested an expedited decision due to Provident's construction
deadline.

In order for Provident to receive the federal low-income housing tax credits
that account for one half of its $60 million development, the apartments
must be completed by December.