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Case Name
Vargas v. Town of Smithtown
FH-NY-0008
Docket / Court
2:07-cv-05202-JS-WDW ( E.D.N.Y. )
State/Territory
New York
Case Type(s)
Fair Housing/Lending/Insurance
Case Summary
On December 13, 2007, low-income minority individuals in need of affordable housing filed a lawsuit under the Fair Housing Act, the Civil Rights Act of 1866, the Civil Rights Act of 1871, 42 U.S.C. § 1983, and the Civil Rights Act of 1964 against the Town of Smithtown in the United States District ...
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On December 13, 2007, low-income minority individuals in need of affordable housing filed a lawsuit under the Fair Housing Act, the Civil Rights Act of 1866, the Civil Rights Act of 1871, 42 U.S.C. § 1983, and the Civil Rights Act of 1964 against the Town of Smithtown in the United States District Court, Eastern District of New York. The plaintiffs, represented by both private counsel and public interest attorneys, asked the court for injunctive and monetary relief, claiming that Smithtown operated its voucher program with a residency preference that discriminated on the basis of race, color, and national origin. Specifically, the plaintiffs claimed that they and others similarly situated were intentionally excluded from participation in the Town's voucher program.
On August 28, 2009, the court (Joanna Seybert) entered an order and final judgment approving the parties' settlement agreement. Under the terms of the settlement the Town of Smithtown agreed to implement an anti-discrimination educational program for its employees, to affirmatively market the Section 8 Program to minority persons, to inform the public of its non-discriminatory policies, to maintain and preserve records for purposes of recordkeeping and reporting, and to pay $925,000 to the plaintiffs. This settlement remains in effect until 2019.
This case is closed.
Gregory Pitt - 08/01/2012
Hope Brinn - 05/26/2020
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Issues and Causes of Action
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Issues
Constitutional Clause
Equal Protection
Content of Injunction
Comply with advertising/recruiting requirements
Develop anti-discrimination policy
Discrimination Prohibition
Provide antidiscrimination training
Recordkeeping
Reporting
Discrimination-area
Housing Sales/Rental
Discrimination-basis
Race discrimination
General
Disparate Treatment
Housing
Racial segregation
National Origin/Ethnicity
Hispanic
Plaintiff Type
Private Plaintiff
Race
Black
Causes of Action
42 U.S.C. § 1983
Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.
Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.
Case Details
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Defendant(s)
Town of Smithtown
Plaintiff Description
Black and Hispanic persons seeking federally assisted housing vouchers
Class action status sought
Yes
Class action status granted
Yes
Filed Pro Se
No
Prevailing Party
Plaintiff
Public Int. Lawyer
Yes
Nature of Relief
Damages
Injunction / Injunctive-like Settlement
Source of Relief
Settlement
Form of Settlement
Court Approved Settlement or Consent Decree
Order Duration
2009 - 2019
Filed
12/13/2007
Case Closing Year
2019
Case Ongoing
No
Additional Resources
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The Origins of Fair Lending Litigation
Date: Dec. 4, 2008
By: Andrew Nash (Washington University in St. Louis Law Student)
[ Detail ]
[ PDF ]
[ External Link ]
Documents
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Court
Docket(s)
E.D.N.Y.
09/27/2011
2:07-cv-05202-JS-WDW
FH-NY-0008-9000.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
E.D.N.Y.
12/13/2007
Complaint
FH-NY-0008-0001.pdf
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Detail
not recorded
12/13/2007
Class Action Lawsuit Filed Against the Town of Smithtown, New York to Halt a Discriminatory Residency Preference in its Section 8 Housing Voucher Program
FH-NY-0008-0002.pdf
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Detail
E.D.N.Y.
03/04/2009
STIPULATION OF SETTLEMENT AND CONSENT DECREE [ECF# 31]
FH-NY-0008-0004.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
E.D.N.Y.
07/01/2009
PRELIMINARY ORDER FQR APPROVAL OF SETTLEMENT OF CLASS ACTION [ECF# 42]
FH-NY-0008-0003.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
E.D.N.Y.
08/29/2009
ORDER AND FINAL JUDGMENT [ECF# 49]
FH-NY-0008-0005.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
People
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Judges
Seybert, Joanna
(E.D.N.Y.)
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FH-NY-0008-0003 | FH-NY-0008-0005
Plaintiff's Lawyers
Birch, Nicole
(District of Columbia)
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FH-NY-0008-0001 | FH-NY-0008-9000
Friedman, Stacy R.
(New York)
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FH-NY-0008-0001 | FH-NY-0008-0004 | FH-NY-0008-9000
Graham, Philip L.
(New York)
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FH-NY-0008-0001 | FH-NY-0008-0004 | FH-NY-0008-9000
Nunn, Robin
(New York)
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FH-NY-0008-0001 | FH-NY-0008-0004 | FH-NY-0008-9000
Rich, Joseph D.
(District of Columbia)
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FH-NY-0008-0001 | FH-NY-0008-0002 | FH-NY-0008-0004
Smith, Tyler J.
(New York)
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FH-NY-0008-0001 | FH-NY-0008-0004 | FH-NY-0008-9000
Defendant's Lawyers
Arntsen, David H
(New York)
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FH-NY-0008-0004 | FH-NY-0008-9000
Dejong, Jeltje
(New York)
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FH-NY-0008-0004 | FH-NY-0008-9000
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