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- Newsgroups: misc.activism.progressive
- Path: sparky!uunet!usc!wupost!mont!pencil.cs.missouri.edu!rich
- From: Nigel Allen <nigel.allen@canrem.com>
- Subject: DOJ Files Housing Lawsuit Against New Haven Residents
- Message-ID: <1992Jul28.232005.2348@mont.cs.missouri.edu>
- Followup-To: alt.activism.d
- Originator: rich@pencil.cs.missouri.edu
- Sender: news@mont.cs.missouri.edu
- Nntp-Posting-Host: pencil.cs.missouri.edu
- Organization: Echo Beach
- Date: Tue, 28 Jul 1992 23:20:05 GMT
- Approved: map@pencil.cs.missouri.edu
- Lines: 71
-
- Press release from U.S. Department of Justice
-
- DOJ Files Housing Lawsuit Against New Haven Residents, Local
- Neighborhood Association
-
- Contact: U.S. Department of Justice, Public Affairs, 202-514-2007
-
- WASHINGTON, July 27 /U.S. Newswire/ -- The Department of Justice
- filed a civil rights lawsuit against three New Haven, Conn.,
- residents and a local neighborhood association today, alleging they
- took actions to prevent a family of 10 adopted and foster children,
- all of whom are handicapped, from occupying a single-family residence
- in New Haven.
- The suit alleges the defendants violated the Fair Housing Act and
- illegally discriminated against the children on the basis of their
- family status and their handicap.
- In announcing the lawsuit John R. Dunne, assistant attorney
- general in charge of the Civil Rights Division, said, "The Fair
- Housing Act requires communities to recognize the right of families
- with children and handicapped persons to live in all types of
- residential areas. In this situation, a neighborhood sought unjustly
- to keep a mother from providing her family with much-needed housing.
- By filing this suit, we continue our efforts to use the courts to
- advance the rights of families and the handicapped to housing that is
- suited to their needs."
- The lawsuit was filed in U.S. District Court in New Haven against
- Duncan Robinson, Elizabeth Robinson, Jack Brownlow and the
- Ronan-Edgehill Neighborhood Association.
- The federal complaint alleges that shortly after Marjorie Eichler
- signed a contract to purchase a residence in the Ronan-Edgehill
- neighborhood, Duncan and Elizabeth Robinson convened a meeting of the
- Ronan-Edgehill Neighborhood Association.
- Following that meeting, several efforts were made to discourage
- the residence's owner, Albertus Magnus college, and the selling real
- estate agent from completing the purchase.
- On May 1, 1989, the Robinsons filed suit against Eichler in State
- Superior Court seeking to bar the sale and/or occupancy of the home
- until Eichler received a zoning variance or special use permit. The
- Robinsons claimed that Eichler, because she housed foster children,
- was operating a group home and not a private residence. The
- neighborhood was not zoned to accommodate group homes.
- On May 1, 1992, the Robinsons filed a motion for a temporary
- restraining order (TRO) to enjoin Eichler from purchasing and
- occupying the property. The Robinsons' TRO application alleged that
- the presence of the Eichler children in the neighborhood would cause
- imminent harm to the Robinsons by diminishing the attractiveness and
- value of their property, among other things.
- On May 18, 1992, the state court forbade the Eichlers from moving
- into the property and on May 26, 1992, the state court reaffirmed its
- order. Also on May 26, 1992, the Ronan-Edgehill Neighborhood
- Association intervened in the state court lawsuit, filing a complaint
- alleging claims similar to those the Robinsons asserted and also
- seeking injunctive relief barring the Eichlers from purchasing or
- occupying the house.
- Although the Robinsons and the Ronan-Edgehill Neighborhood
- Association subsequently dismissed their state court lawsuit once
- they were notified of the federal government's investigation of the
- matter, the pendency of that litigation endangered the state's
- commitment to provide Eichler with financing and thus endangered her
- ability to fulfill her contractual obligation to purchase the
- residence. In addition, the lawsuit caused the Eichlers considerable
- inconvenience, stress and legal expense in their effort to move into
- the home of their choice.
- Besides an order prohibiting future discrimination, the
- department's complaint asks for damages for Eichler and her family
- and a $50,000 civil penalty against each defendant.
- -30-
- --
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