8/9/2019 Curtis Lockey's Letter to Dallas City Council

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7 May,2010Mayor Tom LeppertMs. Delia JassoMr. David A. NeumannMr. Dwaine R. CarawayMs. Vonciel HillJonesMr. Steve SalazarMs. Carolyn R. DavisMr. TennellAtkinsMr. Sheffie KadaneMr. Jerry R. AllenMs. Linda KoopMr. Ron NatinskyMs. Ann MargolinMs. Angela HuntRe: TheContinentalBuilding1810 Commerce StreetDallas, Texas 75201CDBG Section 108 Loan GuaranteeDear Mr. Mayor and City Council Members:On January 13,2010, you voted your approval of a $7.6 Million CDBG Section 108 Loan Guarantee forForest City's Continental Building Project (Agenda ltem #68). You may remember that plans for theproject included 199 residential rental units, including 40 LodModerate lncome units. On January 15,2010, the City of Dallas forwarded the Section 108 application and a request for a HUD waiver of the 51%LMI national objective for the project (Continental is proposed to include only 40 loMmoderate incomeunits, whereas compliance with the national objective would have required 102 of the apartments to be"set-aside" as loWmoderate income units) to the HUD Fort Worth Office of Community Planning andDevelopment.After months of project planning by Forest Gity and review and approval by the City's EconomicDevelopment and Hbusing Departments, approvals of the projecl by the Downtown Connection TIFDistrict Board of Directors, approvals by both the Housing and Economic Development Committees, andultimately Dallas City Council approval, the project plan submitted to HUD contained discriminatoryelementi, which represent violations of the Fair Housing Act (we filed a FOIA request to HUD andreceived the entire 108 application submitted by the COD housing department on behalf of Forest City).The project contained 199 residential rental units, including one bedroom, two bedroom and threebedroom floorplans. However, only the smallest one bedroom, one bath floorplans were to be "set aside'as affordable housing units. lf the project had proceeded as it had been approved by the City andsubmitted to HUD, discrimination on the basis of familial status would have occurred, since loWmoderateincome families, particularly those with children, would not have been welcome in the building.Additionally, Forest City's drawings for the project showed virtually all of the lodmoderate income "set-aside" units located at the rear (south side) of the building. As you probably know, the apartments locatedon the northern end of the building will enjoy views of the new "Main Street Gardens" city park. Thelocation of the affordable housing units within the building was questioned by TennellAtkins during theNovember 2,2009 Housing Committee meeting, but the project got approved anyway.After we exposed these actions to HUD (with detailed analysis) in \A/bshington and the Department ofJustice, by you, city staff and Forest Clty, it is my understanding that Forest City has completely re-planned the building to address these issues. lt is astounding that the original, discriminatory project plancould have been vetted and approved under the scrutiny of so many different groups and individualswithin City Hall. lt obviously supports and provides black and white evidence of our claims against theClty of DallasRespectfu lly submitted,

Curtis Lockey