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UNITED STATES v. YONKERS BD. OF EDUC.

May 28, 1986

UNITED STATES OF AMERICA, Plaintiff, -and- YONKERS BRANCH-NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, et al., Plaintiffs-Intervenors, against YONKERS BOARD OF EDUCATION; CITY OF YONKERS; and YONKERS COMMUNITY DEVELOPMENT AGENCY, Defendants; CITY OF YONKERS and YONKERS COMMUNITY DEVELOPMENT AGENCY, Third-Party Plaintiffs, -against- UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, and SECRETARY OF HOUSING AND URBAN DEVELOPMENT, Third-Party Defendants


The opinion of the court was delivered by: SAND

SAND, J.

On November 20, 1985 this Court issued its Opinion holding that the City of Yonkers had violated both the Equal Protection Clause and the Fair Housing Act by its discriminatory housing activities, and the Equal Protection Clause by its role in perpetuating and exacerbating racial segregation in the Yonkers public schools. At a scheduling conference on December 18, 1985, the City was ordered to submit a remedial proposal and the government and plaintiffs-intervenors were directed to respond. A hearing on the housing remedy was held from April 29 to May 6, 1986.

 The Order filed today with respect to the housing remedy phase of these proceedings is, for the most part, self-explanatory. We limit ourselves in this Opinion to the making of supplemental findings of fact and to a brief discussion concerning matters not included in the Order and certain arguments advanced by the parties.

 A. Supplemental Findings of Fact

 After hearing, the Court finds that:

 I. The conduct of the City of Yonkers, found to have been violative of the rights of blacks and Hispanics in Yonkers during the period 1940-1980, has continued to be violative of their rights through the date of this Order. Evidence of this is found in the failure of the City:

 (a) to designate two sites in east Yonkers acceptable to HUD for units of public housing as a condition to the receipt of CDBG funds pursuant to the City's commitment to HUD in 1980

 (b) failure of Yonkers to submit its Housing Assistance Plan ("HAP") as required by HUD;

 (c) failure to take other steps to implement issuance of section 8 existing certificates to eligible families for use in east Yonkers;

 (d) failure to take any other steps to remedy the violations found herein.

 II. The two sites designated by the City (the Tuckahoe Road and Yonkers Avenue sites) were properly rejected by HUD for the reasons stated by HUD. Further, the sites were not consistent with the intended purpose of furthering residential integration.

 III. The pendency of this litigation in no way inhibited Yonkers from taking remedial steps. Any claim that such actions were not taken because of the pendency of these proceedings is a pretext.

 IV. The normal governmental processes of Yonkers with respect to the designation of sites for public or subsidized housing have become stalemated. However, political paralysis cannot be allowed to frustrate a remedy for the violations found to exist. The City of Yonkers has been and will be given a full opportunity to designate sites and to take other remedial action pursuant to the operation of its normal governmental processes. The City may not, however, choose to forfeit scarce federal funds that would be of significant assistance in the provision of additional housing ...


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