By JODI SOKOLOWSKI
Buffalo Law Journal

The developer of a 928-unit housing complex within the former Kensington Village Apartments has agreed to a monetary settlement to resolve complaints of discriminatory housing practices.

Affinity Renewal Development LLC will pay a total of $57,000 divided among 106 former residents who lived at the Cheektowaga complex for 61 months or longer, three African-American college students and Housing Opportunities Made Equal.

Local and state housing agencies alleged that residents were unfairly displaced through a renovation plan that saw 625 of the units rebranded under the name Collegiate Village apartments.

Under terms of the settlement, the developer is required to designate 126 units for tenants who qualify for "affordable housing" and 25 of those at rates no higher than Section 8 housing vouchers would permit. Eligibility for the Collegiate Village units was broadened from just college students to post-secondary students, staff, faculty, and their families. Those units will rent for up to $2,400, for a four-bedroom, four-bath apartment with heat, water, basic cable and Internet included.

In addition, a 154-unit section of unimproved units that continue to operate under the Kensington Village name will remain at market-rate rents. A community center consisting of a wading pool, gym and meeting rooms will be open to both sections.

Under the terms of the settlement, the developer did not admit to any wrongdoing. Approved by the U.S. Department of Housing and Urban Development, it grew out of complaints filed by two agencies.

On Dec. 19, HOME filed a complaint with HUD claiming that the new property would displace families with children, seniors and African-American residents in a predominately racially diverse area of Cheektowaga.

A Dec. 27 complaint charging multiple violations of the Fair Housing Act filed by the New York State Division of Human Rights against Affinity Renewal as well as Villa Maria College, the Town of Cheektowaga, the Village of Kenmore and the Kenmore Housing Authority was settled in April.

Terms of that agreement included that both the Collegiate Village and the Kensington Village units will be available on an equal-opportunity basis; the housing would be marketed to minority communities and to minority student organizations; and that fair-housing training will be provided for personnel of the two complexes.

"Unfortunately, many of the existing families who reside there have already been displaced, but this settlement assures them a preference to return and provides some additional compensation to longer-term residents who lost their homes," said HOME Executive Director Scott Gehl.

Kevin Cross of Lippes Mathias Wexler Friedman LLP, who represents Affinity Renewal Development developer Mark Chason, did not immediately return calls seeking comment.