A Brookfield alderman said low-income people should 'live in West Allis or Wauwatosa.' He's facing a possible censure.
As the Brookfield Common Council reviewed final plans for the Flats at Bishops Woods affordable housing project on Jan. 17, one alderman's comments were deemed not only off-topic, but also against the law.
In November, the council approved a Plan Development District rezoning for the four-story, 203-unit Flats at Bishops Woods. Their 8-6 vote meant that, as long as developers stayed within established PDD guidelines, there's no legal basis for the project to be rejected for final approval. Real estate developer Lincoln Avenue Capital's final plans for approval were considered at the council's Jan. 17 meeting, but Ald. Kris Seals' controversial objections strayed from the proposal and violated over a half-century old legislation.
The Flats at Bishop's Woods, funded by a state grant at no cost to the city, will offer workforce housing priced at $400 less than the city of Brookfield’s average. Housing qualifies as "affordable" when its cost doesn't exceed 30% of a household's earned income, according to the U.S. Department of Housing and Urban Development.
In Brookfield, "workforce housing would be affordable for individuals and families with an annual earned income of $42,952 to $85,904," the Waukesha County Business Alliance said in a letter to the council that supported the development.
The 3.7-acre project, at 250 and 350 Bishops Way, aims to increase the city's accessibility and diversity, as well as attract workers to Waukesha County to work as firefighters, teachers, accountants and nurses.
While members were to analyze whether the developer's final plans met PDD guidelines, Seals opposed the purpose of the development. Apartments in Brookfield that are in the works, such as the luxury apartment complex The Ruby at Brookfield Square, should already be considered as an affordable housing option in the city, Seals said at the meeting.
"If you can't afford those units, then you live in Wauwatosa or West Allis until you can afford to move into Brookfield," Seals added.
His comments prompted a reminder from City Attorney Jenna Merten that such comments are illegal.
"The Fair Housing Act prohibits you from making any discriminatory statements regarding particular individuals or particular financial capabilities, or anything about certain particular or protected classes," Merten said.
The Fair Housing Act was enacted in 1968 to prevent discrimination related to any housing-related activities, such as renting or buying a mortgage. In an email on Nov. 15, Merten advised the council on the FHA, and asked members to "avoid a potential lawsuit" by only making comments relevant to the plan's compliance with PDD guidelines.
Seals has made similar comments in the past, as originally reported by the Wisconsin Examiner. At a November council meeting, Seals said that if someone wants to live in Brookfield, they should put their "nose to the grindstone and live in Wauwatosa or West Allis," and save that money until they "can afford to live in Brookfield."
The final plan passed 9-4, but Seals continues to face pushback after his remarks.
Ald. Hallquist calls to censure Ald. Seals for his 'discriminatory' statements
Brookfield Ald. Mike Hallquist, a supporter of the Flats at Bishops Woods, told the Journal Sentinel that he will submit a resolution to censure, or formally reprimand, Seals. A censure requires a council vote and, if passed, Hallquist hopes to show the public that city officials don't condone Seals' "discriminatory statements," he said.
Income levels have been used as a means to discriminate against classes protected under the FHA, Hallquist said, such as people with disabilities, fixed-income seniors and single adults.
"No one's value to a community is connected to their income, ever," Hallquist said.
Brookfield employers have shown support for the project with hopes to fill vacant positions, Hallquist said, because people tend to want to live in the same city where they work.
"There's a lot of very valid professions such as nurses and firefighters and law enforcement ... that have a right to live in our community, and, in fact, I want them to live in our community," Hallquist said.
Wisconsin has been called one of the most segregated states in America, and a 2019 Brookings Insitute study named Milwaukee the most segregated metro area in America.
The area's history of redlining and segregation is just one of the reasons why Hallquist takes Seals' comments so seriously, he said.
"There were racial barriers with redlining and segregation and racial covenants which happened in many, if not the majority, of Milwaukee's surrounding neighborhoods," Hallquist said.
Residents, and most aldermen, who spoke out against the Flats at Bishops Woods cited reasons such as the development's size or concerns of traffic congestion.
"I think the city of Brookfield and the majority of its residents are very welcoming, and I don't think (Seal's) comments represent the wider community," Hallquist said.
More:City funding of $2.55 million proposed to help three affordable apartment developments
Quinn Clark can be emailed at QClark@gannett.com. Follow her on Twitter @Quinn_A_Clark.
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This article originally appeared on Milwaukee Journal Sentinel: Brookfield official says low-income people should live in Wauwatosa
