Tinley Park denies racism in handling of low-income apartment plans

Tinley Park is denying allegations in a Justice Department lawsuit that it violated federal fair housing laws in its review of the since-abandoned apartment development The Reserve.

The government brought the complaint last November regarding the village's handling of the apartment building, which had been planned for the northeast corner of 183rd Street and Oak Park Avenue.

Earlier this year, the village settled a separate federal lawsuit filed by the developer of the project, Buckeye Community Hope Foundation.

The village, in its response to the Justice Department lawsuit, denies that it "engaged in a pattern or practice of unlawful discrimination."

While the village's planning department had determined the project was in "precise compliance" with the village's Legacy Code, the village in its response to the Justice Department lawsuit contends that the department's final report, before the project was considered by the Plan Commission, "inaccurately concluded" the project was in compliance with development codes.

The village's response, filed Aug. 10, also states that a finding of "precise compliance" under the code "does not preclude existing and later-arising issues that a developer must first resolve before proceeding with a development."

The Justice Department alleges that community opposition to The Reserve was "based on discriminatory attitudes toward African Americans and other groups based on race."

In its response, the village acknowledges that "some in the community expressed their opposition to The Reserve," but that it "lacks knowledge and information sufficient to form a belief about the truth of whether the opposition was based on discriminatory attitudes towards African Americans and other groups based on race."

The lawsuit contends the village's "actions were taken in response to community opposition based on the race and racial stereotypes of the prospective tenants of affordable housing," which the village in its response also denies.

The project was tentatively approved by the Plan Commission, but a final vote on the development was tabled at a February 2016 meeting and the project referred back to the planning department for further review.

The Legacy Code was enacted to streamline the review process for developments in an effort to spur investments in commercial projects in and around the downtown business district. Projects found to be in "precise compliance" or conformance with the code were reviewed and voted on only by the Plan Commission and not the Village Board, although Tinley Park in its response denies the claim that the Plan Commission was the "ultimate authority" on the matter.

The village had sought to have the Justice Department complaint dismissed, arguing the government lacked standing in bringing the complaint. U.S. District Court Judge Sara Ellis, in late July, refused the request, ordering the village to respond to the complaint.

mnolan@tribpub.com

Twitter @mnolan_J