By Leslie Gonzalez and Dave Vieser
Landlord wins $750,000 Verdict
Attorneys for the Village of East Rockaway were in federal court this week attempting to overturn a landmark federal court decision issued last Thursday evening which requires the village to pay $750,000 to an area landlord. The landlord, Robert Gunning, claimed successfully that officials from the village, which is overwhemingly white, had discriminated against him because he rents homes to minorities. Meanwhile, residents of East Rockaway are voicing decidedly mixed opinions about the highly unusual case.
"I think he's a good landlord," said one neighbor, Joel Rudoff. "He maintains his properties well." Mr. Rudoff pointed out several aspects of his home in need of repairs, but complained that his landlord, unlike Mr. Gunning, has not maintained the premises. But some other residents whom a Village Herald reporter encountered on the streets of this normally sedate waterfront community were clearly not supportive of Mr. Gunning. "Tell him to live in Elmont," said one female homeowner who did not wish to be identified, in clear reference to a highly integrated community on the Queens-Nassau border.
What makes this case so unique is that the landlord, Robert Gunning of East Rockaway, is white, but complained his rights had been violated by village officials because he rented to minority tenants.
Most local residents familiar with Robert Gunning and his Front Street properties describe his buildings as well-kept and his tenants as quiet. "Believe it or not, I haven't heard too much about the case," said one young woman, whose boyfriend is one of Mr. Gunning's upstairs tenants. She described his neighbors as mostly Hispanic. "Everyone keeps to themselves."
Another resident says that the real problem is absentee landlords. "Many landlords are absentee landlords," said the homeowner, who lives on Fourth Avenue adjacent to Mr. Gunning's marina. "It's not who they (the landlords) rent to, but how well they, the landlord and tenants, keep up their property". Mr. Gunning, who lives in East Rockaway and owns Saltaire Marina, frequently visits his rental properties, according to most neighbors reached by the Herald.
Officially, the village denies the charges and claims the verdict was in error. "We are taking steps to set aside the verdict. We will proceed with an appeal if the applications to set aside the verdict are not granted," said Village Clerk Sandra Torborg in a statement issued following the decision, which was reached in Central Islip after nine hours of deliberation by an eight member jury panel.
The panel ruled that the Village had "indirectly discriminated" against Mr. Gunning by placing restrictions on his properties because he rented his apartments to minorities. The case was reviewed by U.S. District Court Judge Arthur Spatt, and the jury consisted of four men and four women, who unanimously answered "yes" to a seven-point questionaire that asked several times whether conduct on behalf of the Village was selective against Mr. Gunning. All jury members were white, except for one black female juror.
Also cited in the court decision were inappropriate racial comments made by Village Trustees Elaine Boll, Frank DeGiulio, Patricia Sympson and Buildings Superintendent Dennis McCabe.
The lawsuit, filed in 1996, claimed Mr. Gunning's problems began back in early 1992, when he was reported to the Town of Hempstead by Mr. McCabe. Superintendent McCabe complained that minor bulkhead repairs at one of Mr. Gunning's properties were conducted without a permit, a violation of the Department of Conservation and Waterways. Although it was later found the violation did not in fact require a permit, Mr. Gunning spent several years defending the summons.
It was at this time that Mr. Gunning realized he did not possess the proper permits for three of his dock slips, located on Front Street. Wishing to exercise a lease option at one of the locations, Mr. Gunning sought to "legalize" the properties by obtaining the proper licenses from the Town of Hempstead, a process that would require a letter from the village describing the properties as having a sixty-five year history of marina usage.
Village officials refused to classify the areas as marine, and instead, issued two letters assessing the property as commercial and industrial, a basis found insufficient for approval by the Waterways Department. A later motion by the Waterways Department to proceed with the approval process was met with a Village request for additional time, pending a review of site plans which, until that point, were not required from previous marina applicants.
"Other marinas were able to obtain permits within days." declared Mr. Gunning's attorney Rick Ostrove at a press conference held after the court's decision. During the waiting process, Village officials imposed multiple petty violations on Mr. Gunning and his business. When questioning Village officials as to the source of his problems, Mr. Gunning, his sister and a business associate all claim they were met with racially-motivated suggestions. The Village subsequently passed a new Marina Law, a restrictive zoning ordinance that, in order to permit Mr. Gunning's needed dock slip certification, would require more parking spots than he could accommodate. Unable to comply with the new ordinance, Mr. Gunning eventually lost one of his marina locations.
Judge Spatt concluded that Mr. Gunning had the right to continue marina operations due to a "grandfather clause" which permits his business to continue since it preceded the new marina law. Of the court-awarded money, Mr. Gunning will receive $450,000 to replace business lost during during his application process, and $300,000 in emotional damages.
"It's a good victory," said Mr. Ostrove of the court's decision. "Hopefully, this will send a message to others villages on Long Island who may be considering similar tactics to discourage minority inhabitants: Don't do it."
