Legal Opinion

Suffolk Housing Services v. Town of Brookhaven

Appellate Division of the Supreme Court of the State of New York

Decided July 8, 1985PublishedCited by 10 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

On this appeal, we are called upon to consider two issues: first, whether the doctrine articulated by the Court of Appeals in Berenson v Town of New Castle (38 NY2d 102) imposes a duty upon a municipality to exercise its zoning powers in order to facilitate the development of low-to-moderate-income or low-cost housing, and, second, whether the actions taken by the defendant town with regard to various applications to develop Federally subsidized multiple-family housing for low-to-moderate-income families violated the Federal Fair Housing Act (42 USC § 3601 et seq.). For…

3Cases cited25 opinions

  1. Village of Arlington Heights v. Metropolitan Housing Development Corp.Supreme Court of the United States · 1977
  2. Washington v. DavisSupreme Court of the United States · 1976
  3. Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
  4. Shelley v. KraemerSupreme Court of the United States · 1948
  5. Trafficante v. Metropolitan Life InsuranceSupreme Court of the United States · 1972

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4Cited by10 opinions

  1. Suffolk Housing v. Town of BrookhavenNew York Court of Appeals · 1987
  2. Asian American for Equality v. KochNew York Supreme Court · 1985
  3. Village Board of Trustees v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1990
  4. Asian Americans for Equality v. KochAppellate Division of the Supreme Court of the State of New York · 1987
  5. North Shore Unitarian Universalist Society, Inc. v. Inc. Village of Upper BrookvilleAppellate Division of the Supreme Court of the State of New York · 1985

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