Ability Housing sues Jacksonville over alleged discrimination

The City of Jacksonville is now facing a federal lawsuit over alleged violations of the Fair Housing Act and Americans with Disabilities Act.

The suit stems from plans that started in 2013 by the non-profit Ability Housing of Northeast Florida, Inc. They planned to buy a 12-unit apartment building in Springfield in order to give affordable housing to the disabled and homeless. Ability Housing- who filed the federal lawsuit- said the housing would specifically cater to homeless, disabled veterans because of the unit’s proximity to a VA clinic. Most or all of the tenants would have a primary diagnosis of mental illness or a long history of psychiatric hospitalization, according to the lawsuit.

When the plans became known to those living in Springfield, many rallied against them. The lawsuit claims the residents retained a lobbyist to work against the project in March.  There were also several community meetings, where the neighborhood residents expressed concerns about the safety and security threat they believed the tenants of the Ability Housing complex would pose.

The lawsuit claims the process by which the project should have been vetted was changed from the outset.

“It is normally a planning department staff member’s responsibility to issue Certificates of Use; however, in this instance, the process was subverted by elected officials, who bent to the will of a vocal group of Springfield residents, including a number of elected and appointed officials, that were openly hostile to and expressed discriminatory motives against the disabled,” the lawsuit says.

When the City ultimately determined the property wasn’t appropriately zoned for the proposed use by Ability Housing, the non-profit claims that decision was based on “illegitimate fears” rather than an appropriate interpretation of the law. The lawsuit further contends that, if the zoning was appropriately interpreted, than the zoning code itself is discriminatory.

The lawsuit says Ability Housing already has 83 rental apartments on Jacksonville’s Southside, 112 units on the Eastside, 43 units on the Westside, and 29 single-family rental properties across town.

Ability Housing is seeking the Certificate of Use for the Springfield property, in addition to damages and other relief.