Housing-suit plaintiffs say Summit gave false data

SILVER CREEK JUNCTION, Summit County — In front of a vacant lot that has been labeled as affordable housing, state minority and disabled advocacy groups cried foul on Summit County for allegedly submitting false and misleading data about the number of fair housing units within the county.

"We are very disappointed in Summit County," said Barbara Toomer, secretary of the board of the Disabled Rights Action Committee. "They were either lying or they had absolutely no idea what they were talking about. We are extremely disappointed."

A lawsuit filed in May by the NAACP, Utah Coalition of La Raza and DRAC charges Summit County with using zoning laws to block affordable housing and minority groups from the scenic valley. The suit is currently pending in federal court.

Attorney Alain Balmanno is asking the court to disregard the misleading and false data because the county used tax assessed values to label 1,838 housing units as affordable, rather than using the market value. The plaintiffs also allege the county inflated the median income level for moderate income housing prices and misrepresented the numbers and availability of deed-restricted units.

"What I really think is going on is Summit County doesn't want to accept the fact that it has a problem providing lower- and moderate-income housing," Balmanno said.

Zoning restrictions in unincorporated county areas limit density to one unit per 20 acres.

"It's a zoning issue because Summit County, through their zoning and land use planning, has a disparate impact on Hispanics and on the disabled, and that's a violation of the fair housing act," Balmanno said.

However, the nonprofit groups admitted they were approached by landowners and Anderson Development, co-plaintiffs in the suit that have been pushing to allow two apartment buildings in the Snyderville Basin. The three minority groups would not receive a cut of the $40 million in damages sought by the lawsuit.

The developers, the county attorney's office argues, are attempting to "improperly pressure duly elected county officials to accede to their personal development agendas."

In a statement released this past week, the county attorney's office said it has taken a leadership role in adopting, supporting and enforcing affordable housing programs. The county said the list of 1,838 housing units the lawsuit refers to is a list of data from the County Assessor's Office of properties which meet federal and state affordability criteria.