NAA/NMHC Files Anti-NIMBYism Brief with US Supreme Court
FOR IMMEDIATE RELEASE
November 21, 2002
WASHINGTON, DC – In a legal case that will have important implications for real estate developers and the nation’s affordable housing shortage, the National Multi Housing Council (NMHC) and the National Apartment Association (NAA) have filed a friend-of-the-court brief with the U.S. Supreme Court in a case involving a city that refused to issue a building permit for a proposed affordable housing community, even though the developer’s plan met all of the city’s zoning regulations (City of Cuyahoga Falls v. Buckeye Community Hope Foundation,
No. 01-1269; 263 F.3d 627 (6th Cir. 2001)).
NMHC/NAA were joined in this action by the National Leased Housing Association (NLHA) and the National Association of Industrial and Office Properties (NAIOP).
NMHC/NAA’s brief argues that the city violated the substantive due process rights of the developer when instead of approving the application, it held a referendum to allow the citizens to vote to override the existing zoning laws. The brief also says the city’s actions also violated the Fair Housing Act since there is evidence that the city opposed the new apartment property because the property would house a disproportionate number of minorities and families with children.
“This is an extremely important case for the Supreme Court to agree to hear,” noted Clarine Nardi Riddle, NMHC/NAA’s Senior Vice President and General Counsel. “The United States is currently suffering a critical shortage of affordable housing that is made worse by an unfounded bias against apartments and the people who live in them. Local governments should not be allowed to exploit voters’ irrational ‘not-in-my-backyard’ (NIMBY) sentiment to change existing zoning regulations through referenda.”
“Our industry can help to alleviate America’s affordable housing problem, but it’s difficult to do if localities change the rules in the middle of the game,” added Riddle.
Christopher Hanback and Leo Rydzewski of the law firm Holland & Knight LLP prepared the brief for the allied real estate trade associations.
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NMHC and NAA operate a Joint Legislative Program and represent the nation’s leading firms participating in the multifamily rental housing industry. NMHC/NAA’s combined memberships are engaged in all aspects of the development and operation of apartment communities, including ownership, construction, finance and management. Together, the organizations jointly operate a federal legislative program and provide a unified voice for the private apartment industry. One-third of Americans rent their housing, and more than 15 percent of all U.S. households live in an apartment home. For more information, contact NMHC at 202/974-2300, e-mail the Council at info@nmhc.org.