Stanton Square, LLC v. The City of New Orleans

On September 16, 2024, the United States filed a Statement of Interest in Stanton Square, LLC v The City of New Orleans (E.D. La.), a case brought under the Fair Housing Act (FHA), Title VI of the Civil Rights Act of 1964 (Title VI), the U.S. Constitution, and state law. The amended complaint in this case alleges, in part, that Defendants violated the FHA and Title VI by blocking Plaintiff from developing a multifamily apartment complex that complied with the City’s zoning requirements and Master Plan based on discriminatory objections raised by constituents. In its Statement of Interest, the United States argues that the amended complaint sufficiently alleges facts to support Plaintiff’s FHA and Title VI claims. First, the United States argues that comments like those alleged to have been made by opponents of the development can be indicative of discriminatory intent, and that Plaintiff has put forth adequate circumstantial evidence that the City capitulated to the discriminatory objections of its constituents. Second, the United States explains that Defendants misconstrue the legal framework for assessing disparate impact FHA claims and that Plaintiff has plausibly alleged that the City’s actions have a disparate impact on Black and Hispanic residents and perpetuate segregation in violation of the FHA.

On December 29, 2023, the United States filed a Statement of Interest responding to arguments made by Defendants in their motion to dismiss Plaintiff’s initial complaint. After Plaintiff amended its complaint, the court denied Defendants’ prior motion as moot.