Burbank Apartments Tenant Association, et al. v. Kargman, et al. (Lawyers Weekly No. 10-051-16)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us SJC-11872 BURBANK APARTMENTS TENANT ASSOCIATION & others[1] vs. WILLIAM M. KARGMAN[2] & others.[3] Suffolk. December 8, 2015. – April 13, 2016. Present: Gants, C.J., Spina, Cordy, Botsford, Duffly, Lenk, & Hines, JJ. Housing. Fair Housing Act. Anti-Discrimination Law, Housing. Civil action commenced in the Boston Division of the Housing Court Department on March 16, 2011. A motion to dismiss was heard by Jeffrey M. Winik, J. The Supreme Judicial Court granted an application for direct appellate review. Ann E. Jochnick (James M. McCreight with her) for the plaintiffs. Janet Steckel Lundberg for the defendants. The following submitted briefs for amici curiae: John Cann, of Minnesota, for Sargent Shriver National Center on Poverty Law & others. Harry J. Kelly & Joshua S. Barlow for Greater Boston Real Estate Board & others. Joseph D. Rich & Thomas Silverstein, of the District of Columbia, Oren M. Sellstrom, of California, & Laura Maslow-Armand for Lawyers’ Committee for Civil Rights Under Law & another. John J. McDermott, of Virginia, & Eleftherios Papadopoulos for National Apartment Association & another. Esme Caramello, Louis Fisher, Erika Johnson, Aditya Pai, & Katie Renzler for Fair Housing Center of Greater Boston & others. Roberta L. Rubin, Special Assistant Attorney General, for Department of Housing & Community Development. CORDY, J. This case arises out of a decision made by the defendants, the principals and owners of Burbank Apartments (Burbank), not to renew Burbank’s project-based Section 8 housing assistance payments contract (HAP) with the United States Department of Housing and Urban Development (HUD) when its forty-year mortgage subsidy contract expired on March 31, 2011. In lieu of those project-based subsidies, the defendants opted instead to accept from its tenants Section 8 enhanced vouchers, enabling tenants living in units subsidized on a project basis to remain as tenants under an alternative Federal housing program.[4] See 42 U.S.C. § 1437f (2012). The plaintiffs, comprised of current and potential Burbank tenants, complained that Burbank’s decision violated § 3604 of the Federal Fair Housing Act (FHA or Title VIII), 42 U.S.C. §§ 3601 et seq. (2012), and the Massachusetts antidiscrimination law, G. L. c. 151B, § 4, both by virtue of intentional discrimination as well as disparate impact on members of otherwise protected classes of citizens. In particular, the plaintiffs alleged that the defendants’ decision not to renew their HAP […]
Categories: News Tags: 1005116, Apartments, Association, Burbank, Kargman, Lawyers, Tenant, Weekly
Apartments Available to Rent in the South End [MAP]
Need a place to live in the South End? Check out this rental property widget that shows what apartments are available in the neighborhood. Click on the purple house icons for more information. SOUTH END PATCH:
Categories: Arrests Tags: Apartments, Available, Rent, South
New Plan for Albany Street Apartments OK’d
It’s official: The developer of the 275 Albany Street project will move ahead with its project as a dual apartment complex instead of a hotel and apartment complex, the Boston Redevelopment Authority decided last week. The dual-hotel project by Normandy Real Estate Partners was originally approved in 2010, and was changed the first time in the summer of 2012 to become half hotel, half residential, before this latest change to a full residential development. The $ 145 million project is comprised of two buildings, a 19-story apartment complex facing Traveler Street and an L-shaped building on East Berkeley Street that will rise 11 stories. Thee Traveler St. structure will be used for residential use with up to 220 units, and the East Berkeley structure will also be used for residential use with up to 180 units rooms. In addition, the project will include retail and possibly restaurant space, with accessory parking with up to 180 parking spaces. The project is projected to create 300 construction jobs and 15 permanent jobs. The BRA came to the South End in late February to review the project’s new plans with residents. The Albany Street area is no stranger to upcoming developments. The Ink Block apartment complex, which will feature a Whole Foods Market, is planned for this spring. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch