Justice Department Sues, Claims Tinley Park Violated Fair Housing Act

The Justice Department on Wednesday filed a civil lawsuit against the Village of Tinley Park, alleging that the southwest suburb violated the Fair Housing Act when it refused to approve a low-income housing development, "in response to race-based community opposition."

The suit alleges that in 2015, the Buckeye Community Hope Foundation sought to build a 47-unit apartment complex for low-income individuals at 183rd and Oak Park Avenue, just outside of the village's downtown. The project would be financed through Low Income Housing Tax Credits administered by the Illinois Housing and Development Authority.

The suit alleges that Tinley Park discriminated against prospective tenants of the proposed development when it refused to approve the project despite the Tinley Park Planning Department’s finding that the project was in “precise conformance” with the applicable building requirements, according to a release from the department. The department contends that under Tinley Park’s zoning ordinances, Tinley Park’s Plan Commission should have approved the project and allowed construction to begin, according to the lawsuit. Instead, the suit alleges that in response to vocal and, at times, race-based community opposition, Tinley Park trustees requested the Plan Commission table consideration of the project. The Plan Commission did so, stalling the project indefinitely.

“Our office is committed to fighting unlawful discrimination wherever it occurs, including in fair housing,” said United States Attorney Zachary T. Fardon of the Northern District of Illinois. “Where appropriate, we will pursue local governments that try to reduce affordable housing opportunities for discriminatory purposes.”

“The Fair Housing Act requires that cities make housing-related zoning and land use decisions based on the merits – not on race,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “When discrimination interferes with the housing and zoning approval process, entire communities suffer.”

Mayor Dave Seaman addressed the lawsuit in a statement.

"Since receiving the Department of Justice’ Notice of Investigation on June 16, the Village of Tinley Park has fully cooperated by turning over thousands of documents to the DOJ," Seaman said. "The Village wholeheartedly disagrees that any decision made by the Village in regard to the Reserve project was in any way based on race or any other improper considerations. The Village of Tinley Park does provide affordable housing to its residents, promotes diversity, and provides services for those in need. The Village continues to object to the use of tax payer dollars on this issue, but is prepared to defend its actions through further court proceedings, if necessary."

The lawsuit was filed in the U.S. District Court for the Northern District of Illinois. The suit seeks a court order requiring Tinley Park to approve the development and to take other action to ensure compliance with the Fair Housing Act. It also seeks monetary damages for persons harmed by Tinley Park’s actions as well as a civil penalty. A separate suit brought by Buckeye against Tinley Park is also pending in the Northern District of Illinois.

The lawsuit is an allegation of unlawful conduct. The allegations must still be proven in federal court.