State Regulations to Balance Integration Are Constitutional

LVT Number: 9343

The DHCR upheld state regulations enforcing an occupancy goal for low-income minority families in state-supported housing. Landlord appealed, arguing that the minority set-aside was unconstitutional. The court upheld the DHCR's ruling, and landlord appealed again. Landlord loses. This short-term policy, which is designed to promote integrated housing, is constitutional and the federal court has upheld similar programs.

The DHCR upheld state regulations enforcing an occupancy goal for low-income minority families in state-supported housing. Landlord appealed, arguing that the minority set-aside was unconstitutional. The court upheld the DHCR's ruling, and landlord appealed again. Landlord loses. This short-term policy, which is designed to promote integrated housing, is constitutional and the federal court has upheld similar programs.

Woodlawn Veterans Mutual Housing Co., Inc. v. DHCR: NYLJ, p. 26, col. 5 (12/22/94) (App. Div. 1 Dept.; Ellerin, JP, Ross, Rubin, Nardelli, Williams JJ)