Tuesday, March 22, 2011

Waukesha County Legal Happenings

As I'm sure many of you know, the Metropolitan Milwaukee Fair Housing Council (MMFHC) has filed a complaint with the Department of Housing and Urban Development (HUD) regarding Waukesha County's lack of Affirmatively Furthering Fair Housing as required by the federal funding Waukesha County received.
In the complaint, the fair housing council contends that since 2006 Waukesha County has received more than $12.5 million in federal community development block grants, HOME funds and stimulus dollars that it has distributed to 35 communities in the county "without adequate consideration for its impact on fair housing choice by people of color."

The complaint also says the county's "deliberate actions to limit housing development contribute to racial segregation, in that the county and several of its municipalities have blocked the development of affordable housing in order to avoid the effect such housing would have on majority white communities, where it would be perceived to promote integration on the basis of race, color and national origin."


Waukesha's Consolidated Plans are reportedly similar to Westchester County's, and the wealthy suburban New York county had an expensive settlement for a lawsuit against them. 

New Berlin is also facing their own legal woes as MSP Real Estate finally filed their long-anticipated lawsuit against the city for their efforts to deny them the use of the City Center property for development.
"It is clear that the City has violated our rights as the property owner to develop housing needed in New Berlin for working families and the disabled, choosing instead to give in to the racial prejudice and bigotry expressed by some citizens," Milo Pinkerton, president of MSP Real Estate, said in a statement released Monday afternoon.


I think it is very clear why people were opposed.  They were vehementely opposed to the "workforce housing" portion of the proposal, but stated that they hoped the senior housing component would remain.  Why?  It's the same income limit.  The opponents tried to cloak their rationales in issues such as parking, density, building type, and even risk of children falling into the ponds!  Many stated their preferences for condos.  Yet when MSP essentially stated, "OK, you want condos, we'll do condos", New Berlin still refused to let them proceed.

The Waukesha County complaint and the New Berlin lawsuit have a common theme to them, best expressed by MMFHC President & CEO:
"Communities do not become and remain all-white by accident," said William R. Tisdale, president and CEO of the fair housing council, in a release announcing the complaint. "They get that way and stay that way because local governments and private actors erect barriers to racial and ethnic integration."


A bad habit I've acquired is cruising the comment section of articles, and in both Journal-Sentinel articles, people are so livid, full of anger, and very defiant.  I had to chuckle at a statement that appeared in both, stating that "There are plenty of affordable housing in Waukesha/New Berlin!"  I've become overly fond of the saying "Everyone is entitled to his own opinion, but not his own facts."  The fact is, there is a lack of affordable housing in Waukesha County for many people, with zoning policies and ordinances deliberately designed to make housing more expensive.  This has been recognized for decades-there's even a study on the topic of housing barriers in Waukesha County!

Finally, in the latest chapter of the saga of the unfortunate YMCA (Or "Y" as they're known now) property with the "landmark" gas station on it, we find that there may be a way out for the Y.  As I previously wondered:
(I)t's unclear to me what the City expects to happen next. The Y has argued that the building is in disrepair, and I cannot imagine why the Y would spend any money to repair it when they have no use for it. Their ability to sell the lot is now limited because potential buyers probably won't have any use for it, either.

So what happens to the gas station now?

The answer is that if the Y makes a good-faith effort to sell the gas station and cannot do so, they can ask that it be delisted:
In a memorandum discussed at a special Landmarks Commission meeting Monday, Assistant City Attorney Miles Eastman said if a good-faith effort to sell the property is made but it can't be sold because of the preservation requirements, the owner can petition to have the property's landmark status removed. After 60 days of the petition's filing, if a good-faith effort by both Landmarks Commission and the owner to find a buyer is unsuccessful, the commission must delist the property as a landmark.

The Y probably does not want to keep the property as the financing they've set up for the development likely are no longer in place.  What I believe will happen, if they do not try to reassemble the financing, they'll have it delisted, then try again to sell it.  It would be pretty startling if someone buys it as is, with the landmark designation in place.

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