BEFORE THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Historic Neighborhood Alliance, Martineztown Work Group, and Loretta Naranjo Lopez Complainants, v. City of Albuquerque Respondent. Morgan Wyenn Natural Resources Defense Council 1314 Second St. Santa Monica, California 90401 (310) 434-2300
[email protected] I. Introduction The neighborhood of Martineztown in Albuquerque, New Mexico, has suffered disproportionate detrimental impacts from the long-standing history and pattern of discrimination by the City of Albuquerque’s (“City”) zoning, and the City’s failure to correct the problem even in the most recently-adopted new code. The City’s failures disproportionately impact this predominately minority community compared to similarly situated nearby communities that are more white and affluent. This disparate impact violates the Fair Housing Act, Title VIII of the Civil Rights Act of 1968, 25 U.S.C. § 1321(a) et seq. and the United States Department of Housing and Urban Development (“HUD”) implementing regulations, and we respectfully request that the Secretary, under 42 U.S.C. § 3610, immediately refer the matter to the Attorney General for action under 42 U.S.C. § 3614 because it involves the legality of the City’s local zoning laws. From the City’s zoning of Martineztown1 in the 1950s to the most recent zoning plan, embodied in the Albuquerque & Bernalillo County Comprehensive Plan (“Comprehensive Plan”), updated April 12, 2017, and associated Integrated Development Ordinance (“IDO”), effective May 17, 2018,2 the City has for over four decades repeatedly implemented deleterious zoning directly causing the erosion of the community’s social fabric and historic character.