The Town of Franklinton, Louisiana, located about 70 miles north of New Orleans, not far from the Mississippi border, came under fire from the Justice Department for allegedly violating the Fair Housing Act by blocking a proposed affordable housing development within the town. The Justice Dept. contends that the town discriminated based on race and color of potential residents when it blocked zoning for a housing development that would have been financed under tax incentives to subsidize construction of housing for low-income tenants. It’s an interesting case of alleged housing discrimination that should put other communities on notice when approving (or not) new housing.
Zoning application denied
Franklinton is an interesting community. On paper, it seems diverse, with about 48% of the population registering as Black. Even so, the town is segregated. The Black population lives in the north part of the town, while the south side is predominantly white. The development was to built in the south part of town. The Justice Department’s complaint alleged that the Zoning Commission recommended approval for the housing development. The recommendation was denied by the Mayor and the City Council, who didn’t even vote on the matter.
Because the zoning was not approved, the developer had to return the tax credits that they had received. No housing has been developed. The land is vacant. The developers complained to the Department of Housing and Urban Development (HUD). HUD referred the matter to the Justice Department.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division said, “The Fair Housing Act prohibits cities and towns from blocking low-income housing development because they believe that Black people will make up a large share of the future residents. Officials must ensure that affordable housing opportunities are made available and that all families have access to them regardless of race.”
Town settles with Justice Department
Franklinton has agreed to pay $25,000 in civil penalties and $205,000 to the developers. In addition, it will support the development of new housing by rezoning available land, approving a new development, and creating a land donation program for low-income housing. In addition, the town will revise zoning procedures to ensure discrimination is not part of the process.
Fair housing is a right to all Americans. The development of housing should be free of discrimination, just as the rest of the process.
