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2 Law & Hous. Newsl. 1 (1974)

handle is hein.journals/lhousj2 and id is 1 raw text is: CASE WESTERN RESERVE LAW SCHOOL VOL IT NO. 1 JANUARY 1974 Benign Quota: A Form of Tnstitutitonalized Racial Discrimination? Otero v New York City-Housing Authority, 42 LW 2185 (2d Cir. 1973) sets the seal of approval on the utlilization of a benign quota in determining admission to public housing. This type of quota is based on the idea that because of current attitudes,there is a theoretical maximum of minority group proportion which whites will tolerate in any area. Once this proportion is exceeded a mass exodus of whites occurs. The point at which this exodus begins is called the tipping point. Thus it is argued that for a neighbor- hood to achieve and maintain integration and its benefits it must be prevented from reaching the tipping point. The benign quota attempts to achieve this by formulating a ratio of whites to non- whites which keeps the minority group under the maximum-tolerable proportion. The plaintiffs were former residents of the Seward Park Urban Remwal Area on the Lower East Side of Manhattan. At the time of their relocation they were given assurances of first prior- ity to return. When the leasing process commenced the Housing and Development Authority wrote to all former site occupants notifying them, in accordance with GM 1810, that they would be given first priority to return to housing built within the urban renewal area. Instead of the normal response of 4% , the response was 27%. Of the 360 apartments, 161 were leased to former site occupants (mostly non-white) and171 were leased to others .(mostly whites) 322 other applications of former site occupants were not honored. The plaintiffs sought to prevent the Housing Authority from rent- ing to persons other than the former site occupants until all those who were eligible and for whom there were suitable apartments had been accomodated. On a motion for summary judgement in dis- trict court, -the plaintiffs were granted an injunction. The circuit court reversed. The Authority contended that its failure to adhere to GM 1810 was neither a deprivation of due process nor a denial of equal pro- tection. Rather, the regulation had to be disregarded where it conflicted with the Authority's constitutional and statutory duty to promote integrated public housing. The Authority contended that

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