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USA V. STARRETT CITY ASSOCIATES, US Court of Appeals (1988)

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USA V. STARRETT CITY ASSOCIATES, US Court of Appeals (1988) History: US Atty General commenced this action under Fair Housing Act for Starrett renting apts in its Brooklyn complex based on applicant’s race or national origin and making them unavailable to blacks and Hispanics; parties made cross-motions for summary judgment based on document submissions; district court granted summary judgment in favor of Gov’t Facts: Transfer to Starrett approved for project, intended to create a racially integrated community Issue(s): Legality of limiting number of apartments available to minorities in order to maintain racial balance. Holding: District Court summary judgment in favor of gov’t affirmed Analysis: Starrett’s allocation of public housing facilities on the basis of racial quotas, by denying an applicant access to a unit otherwise available solely b/c of race is definitely discriminatory; but Starrett claims they are cloaked in gov’tal authority; even so, it violates antidiscrimination provisions of the Act Race-conscious affirmative action plan doesn’t necessarily violate federal constitutional or statutory provisions—but that must be temporary


				
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