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Ruling Type: Order Issued Rule s : This is a second violation of the above rules, during the period of your fine and suspension yonkkers are denied the privileges of the grounds. No horses owned, trained, or driven by you shall be allowed to participate at any track conducting pari-mutuel racing. Yonkerx participates and that, during the period of his suspensions, respondent shall not directly or indirectly participate in New York pari-mutuel horse racing, is denied the privileges and use of the grounds of all racetracks, and is forbidden to participate in any share of purses or other payment.

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Medeiros participates and that, during the period of his suspensions, respondent shall not directly or indirectly participate seekig New York pari-mutuel horse racing, is denied the privileges and use of the grounds of all racetracks, and is forbidden to participate in any share of purses or other payment. Medeiros agrees that he shall institute his Article 78 proceeding by filing his petition in Supreme Court, Sullivan County, on or before March 2, ; 2.

Medeiros agrees that, by his attorney, he will execute, and consent to the filing seekinb Sullivan Supreme Court of, a stipulation to transfer his proceeding to the appellate division pursuant to CPLR 4 and 4within five 5 days of the filing of the answering Board papers, to wit, its article 78 answer, answering affidavit sand certified record; 3. Medeiros agrees that, in the event of a transfer of such proceeding to the appellate division, he will file any and all applicable papers within 60 days yoners receiving notice of such transfer and shall comply with and not seek any delay or extension of the time requirements for filing papers therein; 4.

The Board agrees to an administrative stay of the aforesaid fines and suspensions against Mr. Medeiros until March 2,and further agrees not to oppose a request made by Mr. Medeiros in state court for a judicial stay, until a final decision has been rendered in his state court proceeding, of the aforesaid fines and suspensions; 5.

Medeiros agrees that he shall not seek any other stay or similar relief from a court during the pendency of his state court proceeding; 6. The parties understand and acknowledge, were Mr. Seeeking to continue to face a suspension after the conclusion honkers his state court proceeding, that the parties have not reached any agreement in regard to any further stay administrative or otherwisethat Mr.

As the Northwest and East sections of the City expanded, however, the Southwest entered a period of decline. The housing stock deteriorated, and was not replaced or renovated honkers any ificant scale. Inwith the closing of the Alexander Smith Carpet Mills, the Southwest's largest employer, the area began to lose its industrial base. In addition, the Getty Square central business district began to stagnate, a phenomenon attributed seekjng to lack of adequate highway access and parking, and to increased competition from womwn malls such as the Cross County Shopping Center.

Inwith the passage of the National Housing Act ofthe City embarked upon a series of urban renewal and subsidized housing programs that have continued to the present day. Both programs have been largely confined to sseeking Southwest section of the City. Jonkers ofthe City had two subsidized housing projects the unit Mulford Gardens and the unit Cottage Place Gardensboth of which were located in Southwest Yonkers. Between andthirty-six more subsidized housing projects were developed, thirty-four of which are also located in Southwest Yonkers.

In all, the Southwest contains 6, or One is census tract 7, whose The minority population of census tract 18 yonmers The remaining thirty census tracts have minority populations ranging from 1.

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GX Subsidized housing for senior citizens is alleged to have been oynkers consistently identified with minority housing, and therefore less consistently confined to minority areas. Nonetheless, according to plaintiffs, it, too, has met racially influenced resistance from area residents, often based on the concern that it might be converted to housing for families. Plaintiffs contend that the Saw Mill River Parkway has been viewed as the barrier separating overwhelmingly white East Yonkers from the racially mixed and, since the mids, increasingly minority population of Southwest Yon,ers, and that City officials have been consistently unwilling, even when strongly pressed by federal authorities, to breach that racial barrier woamn placing subsidized housing for families east of the Saw Mill River Parkway.

The City, in turn, contends that its selection of sites for subsidized housing has been in no respect discriminatory, and that any segregative effect which the site selections may have had was entirely unintended. In particular, the City insists that the extreme concentration of subsidized housing in Southwest Yonkers reflects only a consistent strategy, adopted for reasons unrelated to race, to use subsidized housing to help rebuild Southwest Yonkers. In deeking of that strategy, the City argues that it was recommended by outside consultants as well as by its own planning staff, and that it was consistent with, and indeed even encouraged by, federal housing and urban renewal policy.

An action which merely has the unintended effect of creating or maintaining racial segregation violates neither the Constitution, Village of Arlington Heights v. Metropolitan Sweking Development Corporation, U.

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Davis, U. Indeed, as the Supreme Court noted in Arlington Heights I, [r]arely can it be said that a legislature or administrative body operating under a broad mandate made a decision motivated solely by a single concern, or even that a particular purpose was the "dominant" or "primary" one. In fact, it is because legislators and administrators are properly concerned with balancing numerous competing considerations that courts refrain from reviewing the merits of their decisions, absent a showing of arbitrariness or irrationality.

But racial discrimination is not just another competing consideration. When there is a proof that a discriminatory purpose has been a motivating factor in the decision, this judicial deference is no longer justified. A policy of racial segregation, in other words, is impermissible even as a secondary motive for action, and "cannot be justified by the good intentions with which other laudable goals are pursued.

Chicago Housing Authority, F. Board of Education, U. Aaron, U. Warley, U.

City of Parma, F. Ohioaff'd in relevant part, F. The factors that are to be considered in determining whether actions were taken with discriminatory intent include the degree of any discriminatory effect; the historical background of the actions; the specific sequence of events leading up to the actions; the presence or absence of departures from normal procedures or substantive criteria; and the legislative history of the actions.

Arlington Heights I, supra, U. See United States v. City of Parma, supra, F. City of Parma: The character and effect of a general policy is to be judged in its entirety, and not by dismembering it as if it consisted of unrelated parts Seeiing intrinsically lawful acts may lose serking character when they are constituent yonksrs of an seekinng scheme. In large part, this rule is no more than a reminder of the general rule of evidence that when actions having a particular effect are repeated, the inference is stronger that the effect of the actions was intended.

The City's announcement of the first proposed site for a public housing project to be funded under the Act a site in Northwest Yonkers prompted immediate and strong opposition from woma residents and civic seekjng. The phenomenon was one which would repeat itself with respect to most of the other sites subsequently proposed, and would strongly influence the willingness of the Planning Board and the City Council to approve the sites.

The result was the loss of available and badly needed federal housing assistance, the repeated compromise of stated planning objectives, and, eventually, endangerment of the City's entire urban renewal program due to the City's consequent inability to provide relocation housing for those displaced by urban renewal. The sites that prompted community opposition almost invariably were those in overwhelmingly white East and Northwest Yonkers or the overwhelmingly white areas of Southwest Yonkers.

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Sites are then selected by the housing authority, submitted for any necessary local approvals, and once locally approved, submitted to the federal authorities. Under that law, any projects undertaken by the MHA must be approved by a majority vote of both the City's Planning Board and the City Council, or if the Planning Board disapprovesby a three-quarters majority of the City Council.

The City Council consists of twelve w plus the Mayor, all of whom are elected for two-year terms. The only member chosen in a city-wide election was the Mayor, who serves on the Council as a 6. Planning Board members are appointed by the Mayor; MHA Board members are appointed by the City Manager, who, under the City Charter, is the chief executive and administrative officer of the City, and who, in turn, is appointed by the City Council.

Due to the rapidly deteriorating condition of the housing stock in the Southwest, there was, in general, a serious need for decent low-cost housing in Yonkers. In addition, the construction of public housing was perceived to be important to the urban renewal plans which the City had begun to formulate in response to the urban renewal assistance made available by Title I of the Act.

Title I established a program of loans and capital grants for slum clearance and redevelopment; the program contemplated that cities would acquire and clear blighted land, prepare the site, and then sell or lease it to private enterprises for redevelopment. Title I also required, however, that the cities provide "decent, safe and sanitary" housing for persons displaced from urban renewal areas, and city officials considered public housing to yohkers the only likely source of relocation housing for families living in urban renewal areas.

In August ofa few months after the passage of the Act, the City applied for a reservation of 1, units of public housing, and received an allocation of units. The deadline for site submission was August of It took the City nine years, however, to approve a sufficient of sites seekinv make use of that first year's allocation of public housing units, and the chief reason for the delay was recurring community opposition to the various sites proposed.

The MHA announced its first proposed site in February of yohkers The site was a vacant parcel of land on Nepperhan and Roberts Avenue, an overwhelmingly white area in Northwest Yonkers. At least two other sites formally proposed by the MHA soon thereafter likewise prompted strong community opposition. In addition, both were originally supported by the councilmen representing the wards in which the sites were located the seventh and sixth wards respectivelyand then subsequently opposed by those councilmen, after local residents had made their own opposition known.

Seventh ward residents appeared at a Planning Board meeting held to consider the Park Woma Avenue site and submitted a petition in opposition. A resident identifying himself as a spokesman for the group stated that "it was not in the best interests of the City of Yonkers and certainly not to the best interests of adjacent property owners, to place this project on this site. The resident contended that the "terrain [was] irregular" and that the project "would have a tendency to harm property values in the neighborhood No further action was taken on the seventh ward site.

Similarly, a site on Lake Avenue in the sixth ward was originally recommended by the ward councilman and approved by the Planning Board and City Council. A subsequent attempt to expand the site, however, resulted in strong public opposition to both the expansion and the site itself. Representatives of an ad hoc committee of sixth ward residents appeared at a Planning Board meeting to present a petition in opposition and to speak against the site.

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The committee's objections were repeated at two additional Planning Board meetings held several weeks later, at which time the ward councilman announced that he, too, was now opposed to the site. The Yojkers Board voted unanimously to disapprove the requested extension, and the following week the MHA voted to abandon the site. Area residents appeared at the MHA meeting with a petition bearing 1, atures which, they maintained, "barely scratch[ed] the surface of those who object to the site.

A spokesman for the protesters mentioned in passing the inadequacy of school and transportation facilities, but then characterized those as "minor objections," and stated that the "real objection" to a housing project on the site was the effect that it would have on property values in the area. He predicted that it would cause "financial ruin" to neighboring property owners.

By December ofthree months had passed since the deadline for submitting sites for the City's allocation of public housing units, yet the City had approved and put into development only one site. The site was on Palisade Avenue, in one of the more heavily minority areas of Southwest Yonkers, slightly to the south of, and halfway between, the City's two existing public housing projects.

The site had apparently prompted no public opposition, and although seekung City's Planning Director had suggested that the site was better suited for industrial use, it had been approved and was scheduled for units of public housing. In December, a federal official appeared at a meeting of the MHA and told the City that it faced imminent loss of the nearly units remaining in its reservation unless additional units were put into development immediately.

The City responded by voting to increase the of units scheduled for the Palisade Avenue site to oynkers, despite a prior recommendation by the Planning Board that the size of public housing be limited to units so as "to reduce their impact on the neighborhoods where they are located" and so that they might "be better integrated with other types of housing existing or to be built in the project areas.

When the unit Schlobohm Womwn opened on Palisade Avenue, all of the City's 1, units of public housing were concentrated within several blocks of each other in Southwest Yonkers.

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In throughefforts continued to find approvable sites for the more than public housing units remaining in the City's allocation. Eleven sites were formally proposed by the MHA six in the Southwest, two in the Northwest, and three in East Yonkersbut none was approved and submitted to the federal authorities, and the remaining units of public housing were lost by the City when the yonkes legislation expired in City officials were yonkeers to observe during these years that there seemed to be opposition to every site proposed, GX At least eight of the eleven sites formally considered during these years including all three east side sites prompted opposition from area residents, local civic associations, and ward councilmen.

With respect to one East Yonkers site, for example, a letter sent to the Planning Board and quoted by the press objected to the prospect of being "uprooted" from the neighborhood and stated that it was "a well-known fact that slum-clearance projects often lead to the eventual deterioration of the surrounding community by the element which they attract.

Various neighborhood associations likewise contended that selecting one of the East side sites proposed "would be seriously detrimental to [the] well-being The president of one of those associations suggested to the City Planning Board that the East side sites under consideration should be reserved for the same "class of people now there," GX Edward O'Neill, the seekin for the East side ward in which the proposed sites were located, likewise argued strongly against their appropriateness for public housing.

O'Neill noted that "practically every civic and social group in [his own and a neighboring East side] ward has gone on record x opposing the location of low rent housing on premium land," and seekng since the East side schools were already sesking, the addition of families "would cause irreparable harm. In addition, O'Neill appeared at a Planning Board meeting held to consider the sites and argued that putting public housing in "fine, residential" communities would be "a body blow to [the City's] finances.

O'Neill appealed to the Board "as property owners," suggesting that they surely knew what public housing ynkers to the surrounding areas. If you put housing in an seekkng not desirable for it you do a disservice to the people in that neighborhood. Many people have sunk their last cent into their homes. Like the sites opposed by area residents inthe eight sites opposed in through all were in areas of the City that were overwhelmingly white. The Planning Board, however, rejected the site each time, explaining that it was poorly situated for residential use and in an area that was already overcongested.

Inunder new funding legislation, the City was able to renew its yonkkers of the public housing units remaining in its allocation. However, when site selection efforts d inthe pattern of community opposition d as well. Despite formal consideration of at least eight sites in andand despite repeated expressions of concern by City officials that readily available housing assistance might once again be lost, and that the City's urban renewal yonkefs might be delayed for lack of relocation housing, see e.

Three prompted vigorous community opposition; the fourth Western Avenue in Southwest Yonkers was opposed by the Planning Board on the ground that it was in the path yonkrrs a proposed arterial route. None was approved by the City Council.

The sites were in overwhelmingly white neighborhoods, GX See generally GX The third site, however, presented a variation on the theme. The site Ridgeview Yonkerss was in Runyon Heights, a longstanding and self-contained enclave of black homeowners in East Yonkers, and its proposal produced the first apparent evidence of open discussion of the racial implications of site selection for public housing.

A spokesman for the Yonkers branch of the NAACP similarly declared that the organization was "disturbed" to find a project being proposed for an area that was so heavily minority, warning that the project could become a "Negro project" and the school that served it a "Negro school. A representative of the Urban League of Westchester County also appeared before the City Council and opposed the project, arguing that studies had shown that when a housing project was put in a predominantly black area, it became "difficult to obtain [a] nonsegregated occupancy.

Although the votes were unanimous, there were expressions of concern by some council members about the effect of the votes since the new deadline for site submission was only a few days away. As the last site St. Nick's Oval was disapproved, one councilman observed that he felt the vote was "ing the death knell" for the city's reservation of housing units, and that the City could not hope to obtain urban renewal funds unless it had a place to relocate displacees.

P-I However, the City was able to obtain yet another extension of the deadline, and site selection efforts continued. In andcommunity opposition was a frequent topic of discussion in site selection meetings and press reports. See generally GX In January offor example, the councilman for the fourth ward proposed a tenth ward site, saying that its relatively isolated location made it "a natural" for public housing since "no indignant citizens could come and protest.

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Protests were reported, however, by the tenth ward councilman, who promised to defeat the proposal. Meanwhile, two Southwest Yonkers sites were proposed by private developers for Mitchell-Lama projects, a state-funded subsidized housing program for middle-income and, therefore, usually white residents. GX ; In the spring ofthe MHA tried again and proposed five more sites for public xeeking. Emmett Burke, the Secretary-Director of the MHA, described the sites to the Planning Board as "the least objectionable" of those surveyed but nonetheless that there would be "a lot of objections on the grounds of race or age in certain sites.

Burke went on to observe that "[m]any people simply do not want public housing. The Seekung Board approved the Stanley Avenue, Smart Avenue, and School 1 sites, and disapproved the School Street and Western Avenue sites the latter for the second time on the ground that lay in the path of a proposed arterial route. Two of the sites approved by the Planning Board were in overwhelmingly white neighborhoods; the third the School 1 site was in Runyon Heights.

The letter went on to state that: We personally prefer a public referendum with time to acquaint each and every citizen with the full facts on public housing. Where will these tenants come from? How will we provide schools? How much will it cost us over the years? What safeguards do we have against our having to absorb the overflow from Puerto Rico or Harlem? Where will the people go that will have to vacate their private homes?

The letter closed by saying that "each and every one of your constituents is looking to seejing to yonkkers knock down this latest attempt on the part of the public housing group to shove off on the citizens of Yonkers something that the majority does not want. A week later, the City Council voted to refer the proposed sites to its committee on housing.

The following month, as the Council again prepared to vote on the sites, Mayor Kristensen publicly observed that "we're running into the same situation we customarily do and have done over the past nine years or so, that is, everyone wants housing, but no one wants ynkers in his neighborhood. The time is coming when we are going to get those units one way or another. On May 27,nearly nine years after the City received its allocation of public housing units, the City Council finally approved two sites for the last of the units in the allocation.

In addition, a third site was approved for units of senior citizen housing a newly authorized form of public housing. The three sites approved were School Street and the School 1 site for family housing and the Western Avenue site for senior citizen housing.

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In making its choices, the Council appears to have given little weight to the views of its Planning Board. The School Street and Western Avenue sites were strenuously lobbied against by the Planning Board on the ground that they would interfere with construction of an arterial system that was critical to the future health of the downtown area.

Yet, both sites were approved by the Council. Yet, the Smart Avenue site was strongly opposed by area residents and the ward councilwoman, and both sites were rejected by the Council. Following a by-now familiar pattern, the sites rejected were in overwhelmingly white areas of the City, and both sites approved for family housing were in heavily minority areas.

Only the Western Avenue site which was to be used for senior citizen housing was in a heavily white area, and even that site was not far from blocks with a ificant minority population. B supra. A subsequent attempt to expand the site inhowever, did prompt opposition on the ground that it would result in an overconcentration of public housing units in the area. The Planning Board initially disapproved the expansion, then three months later voted with two members absent to reverse itself.

A colloquy that immediately preceded the second vote suggests that little had changed from the preceding years.

Planning Director Philip Pistone stated that he would prefer to have senior citizen housing "dispersed," and that there was "no reason why it should all be concentrated in one area In response, a Board member stated simply that, "what you say is interesting, but when you come up before the [City] Council, every councilman objects to it. The Planning Board's vote was subsequently challenged and held invalid on the ground that the full Board had not been present.

The City Council then deferred consideration of the expansion, and it was apparently pursued no further. Protests quickly arose with respect to three of the East side sites, and these sites were largely dismissed by the MHA's Secretary-Director at a subsequent Planning Board meeting. The Lincoln Park Taxpayers Association, writing in opposition to the sites, raised familiar concerns about decreasing property values and adverse effects on the "character of the community.

The Association urged, as other groups had in the past, that public housing be used solely to clear slums. No distinction was drawn between public housing for senior citizens and public housing for families. Concern was simply expressed that the placement of any public housing in the area would be "at the sacrifice of real estate values in the community, and [that] declining real estate values would be followed by neglect and deterioration of the neighborhood.

The next day, the MHA withdrew the remaining six sites from consideration. In the weeks before the hearing, the Board of Education and the PTA opposed selection of the Martin Ray Place site on the ground that it had been promised to the Board for a much needed expansion of School In addition, the Pastor of St. Both protests were reiterated at the City Council hearing.

No neighborhood or civic associations appear to have ed the opposition, however, and faced with a firm site selection deadline of April 1 the deadline having already once been extendedand with a reported 1, to 2, applications for senior citizen housing, the Council voted to approve both sites. The City's Campaign to Produce Sites for Relocation Housing From when the last of the City's allocation of public housing units for families was finally put into seeklng throughno apparent efforts were made to increase the City's stock of public housing for families.

The only additional family housing approved during this time came with seekin decision to devote the City's Jefferson-Riverdale or "Stage I" urban renewal area an area just southwest of City Hall in downtown Yonkers to middle-income housing. In the spring ofthe City Council approved, without apparent objection, a tax abatement for a unit Mitchell-Lama project to be called Phillipse Towers, GX A strong indication that the need had not been met came in seekong, when HUD notified the City that its preliminary yonkeers for its Stage II or "Riverview" urban renewal project had been rejected.

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