Bronxville, Developer Gateway Kensington Sued for Alleged Housing Discrimination

Westchester Residential Opportunities, Inc. (WRO) announced Thursday that it was filing a lawsuit against the Village of Bronxville and developer Gateway Kensington LLC over alleged “illegal housing discrimination against families with children” at the long-planned Kensington Road condominium project.

“Housing discrimination in all forms must be challenged, so that families and people of all ages are welcome in our communities,” said WRO Executive Director Geoffrey Anderson in a statement. “Bronxville and its developer have deliberately set out to design and market new condominiums to deter families with children from moving into the Village.”

The WRO claims that:

Bronxville has created an “age-targeted” special permit in its zoning code, which allows developers to build more units than allowed as of right if the housing is “designed to appeal primarily to individuals and couples without children,” as stated in Bronxville’s code. In 2013, Bronxville granted an “age-targeted” permit for the development of 54 condominium units on Kensington Road at a downtown site owned by the Village near the Metro-North train station. The apartments are intentionally designed with few bedrooms and with dens lacking closets and placed far from bathrooms. Moreover, the development will not offer any child-friendly amenities.

The lawsuit is being filed under the federal Fair Housing Act and the New York State’s Human Rights Act, and it was investigated by the WRO with funding from the United States Department of Housing and Urban Development.

A message seeking comment, sent to Bronxville Mayor Mary Marvin, was not immediately returned.

“Such discrimination is not only wrong but illegal,” added Marlene Zarfes, WRO’s director of Fair Housing. “Municipalities violate fair housing laws when they develop housing for so-called empty nesters and discourage families from living in their communities. While age-restricted housing for seniors can be created legally under federal law, it must be for those either 55 or 62 and older.”

Click here for more information about the lawsuit.