Earlier this month, the Unites States Justice Department 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 worried that it would attract Orthodox Jews.
This case began in 2020 when an Orthodox Jewish developer purchased the rights to a previously approved “shovel-ready” development. However, as soon as the Jewish developer made the purchase, many approvals were withdrawn, and the town passed a series of ordinances aimed at thwarting the Lost Lake Development. This prompted a lawsuit from the developer accusing the town of violating the Federal Fair Housing Act.
The Town of Forestburgh defends that discrimination cannot be claimed here because a final decision regarding the application of the regulations to the property at issue was not reached. Therefore, the case is “unripe.”
The United States, under its Acting United States Attorney for the Southern District of New York, issued the statement weighing in on the case because it felt that allowing the kind of defense Forestburgh provided could have far reaching, negative impacts on other discrimination cases. Moreover, it was motivated by a special enforcement interest arising from the President’s January 29, 2025 Executive Order on Combating Anti-Semitism.
The DOJ highlights a number of communications among town officials that show blatant discrimination.
For example, the Chairman of Forestburgh’s Town Planning Board states: “Please don’t be scared about the [H]asidic threat ― we’re energized and have the cash to fight and make their lives miserable…. Bloomingberg [sic] was asleep: we’re on amphetamines.”
In another instance, a private citizen wrote: “I have no qualms with their religion, but I would note that their sect is notorious for misogyny [sic] and child abuse. I do fear their wanton destruction of the towns and school districts . . . they take over, like locusts – killing everything they encounter, draining every last resource, bleeding the beast (as they say internally regarding welfare), and destroying Forestburgh as we know and love it today.” After receiving the email, instead of deleting the email or replying that he rejects this characterization of Hasidic Orthodox Jews, the Town Board Planning Chair [Robbins] forwarded the email to unknown recipients, stating “I too have been thinking strategy about how to prevent Lost Lake from overwhelming the town.”
Indeed, Agudath Israel has long been involved with this case and sounded the alarm regarding the egregious discrimination festering there. Rabbi Yeruchim Silber, Director of New York Government Relations, Rabbi Avi Schnall, former Director of the New Jersey office, and Agudah Board of Trustee member Chaskel Bennett have all testified before the town board urging them to remove these restrictions on Lost Lake. In addition, Agudah representatives appealed directly to the leadership at the Justice Department during the organization’s 2023 leadership mission to Washington, which was soon followed by an initial statement of interest, which has been strengthened by this statement.
Unfortunately, the Town of Forestburgh has rejected every effort to resolve this issue amicably.
Agudath Israel is grateful to the Department of Justice for this powerful statement and looks forward to a positive resolution.
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