Lost Lake Holdings, LLC v. Town of Forestburgh (S.D.N.Y.)

On March 27, 2023, the United States filed a Statement of Interest in Lost Lake Holdings, LLC v. Town of Forestburgh (S.D.N.Y.), a private lawsuit alleging discrimination under the Fair Housing Act.  The lawsuit alleges that the Town of Forestburgh and other municipal defendants engaged in a series of discriminatory acts to prevent an Orthodox Jewish developer from building a subdivision in Forestburgh because the defendants believed that it would attract Orthodox Jews.  Specifically, plaintiffs allege that defendants denied their applications for building permits on the basis of religion. The statement argues that the plaintiffs’ Fair Housing Act claims, premised in part on the Zoning Board of Appeals’ denial of their building permit applications, are ripe and that the plaintiffs, who alleged lost profits and lost home sales, have standing to assert their FHA claims.