A judge in Florida recently ruled in favor of Wendover Housing Partners, a developer aiming to build affordable housing units in the center of Apopka. The ruling is a huge win for extremely low-income renters and advocates in Florida, since it will help proponents of affordable housing push for new housing in other areas across the state. In arriving at the decision, the judge cited a section of the state’s “Fair Housing Act” added to the law in 2000 that prohibited discrimination based on a developer’s “source of financing.” The section ensures that developers utilizing federal subsidies have the same rights concerning land use as developers not using federal subsidies. The decision establishes a precedent that bodes well for affordable housing construction in Florida.
In the summer of 2022, the developer Wendover Housing Partners received federal subsidies to build Southwick Commons, an apartment complex in Apopka, Florida. The developer asked the city council twice to allow it to use these funds to create an affordable housing development, but in each case the city council rejected the request. Apopka Mayor Bryan Nelson expressed his opposition to the affordable housing complex because the council wanted to prioritize the construction of a luxury building instead. Members of the council explained that while not against affordable developments, they wanted the city center to attract consumers and business activity and did not think an affordable housing development would advance this goal.
In the case arising out of the dispute between the council and the developer, the judge ruled in favor of Wendover Housing Partners, allowing the company to move forward with the construction of the development. However, even though the decision was in favor of the developer, Southwick Commons will include luxury amenities, including balconies and washers and dryers in all units.
When asked about the ruling, Kody Glazer, legal director of the Florida Housing Coalition, expressed excitement about the use of the state’s Fair Housing Act to promote affordable housing. “Since the Florida Fair Housing Act was amended to make it illegal to discriminate against development’s source of financing in land use decisions, housing advocates have used it as a tool to prevent and dispel NIMBY opposition to affordable housing developments,” said Glazer. “If a local government knows they might be in violation of the Florida Fair Housing Act if they deny a land use approval for an affordable housing development, they might think twice before succumbing to NIMBY pressures. We are thrilled to now have a court opinion to bolster this tool as a way to permit more affordable housing in our state.”
It is still unclear whether the city council will appeal the court’s decision, but the council will likely discuss next steps at its meeting this month. What is clear is that the ruling will have a significant impact on future affordable housing cases in Florida and hopefully will lead to the construction of more deeply affordable housing throughout the state.