Legal Ruling Paves Way for West Philly Affordable Housing Project

A significant legal ruling has advanced a proposed affordable housing project in West Philadelphia, nearly six years after its initial conception. On October 25, 2023, a Philadelphia judge dismissed a lawsuit challenging the city’s zoning change that facilitates a planned 104-unit development in Cedar Park. This decision allows the project to move forward after years of community opposition and legal hurdles.

The affordable housing project, which has been in the pipeline since 2020, is set to transform a site currently occupied by a junkyard into two buildings providing reasonably priced apartments. Common Pleas Judge Idee Fox affirmed that the new zoning, which permits buildings up to seven stories, is constitutional. This ruling is seen as a crucial step for the Omni development, which aims to provide essential housing options in a rapidly growing area.

The lawsuit was brought forth by Melissa Johanningsmeier, a Cedar Park resident who argued that the project would disrupt the neighborhood’s character and lead to increased traffic and loss of green space. During the two-day trial, Johanningsmeier expressed concerns about potential harm from the parking and traffic the project would generate. Yet, Judge Fox noted that the lack of supporting evidence from Johanningsmeier’s attorney weakened her case.

“It is not the court’s role to determine if this is the best project for the community,” Fox stated. “Rather, it is to decide if the zoning is constitutional.” She emphasized that community members have the right to express their concerns through established channels, such as voting.

The Omni project, which aims to include a surface parking lot with 100 spaces, has seen some neighborhood support. Many residents welcomed the proposal as a much-needed solution to the growing housing crisis. In fact, a number of community members testified in favor of the project before the Zoning Board of Adjustment, which ultimately granted the necessary permissions.

Despite the ruling, Johanningsmeier’s attorney, Edward Hayes, maintained that the zoning change constituted “spot zoning” that is inconsistent with the surrounding residential areas, which primarily feature single-family homes and duplexes. Hayes argued that while affordable housing is a noble objective, it should not come at the expense of community character.

In response, the developer’s attorney, Evan Lechtman of Blank Rome, countered that existing buildings of similar height are located nearby, across the railroad track. “We are transforming a blighted, dilapidated junkyard into affordable housing,” Lechtman asserted, highlighting the project’s potential benefits for the local community.

Advocates for affordable housing stress the importance of such projects in addressing the ongoing housing crisis, particularly as costs for renting or buying homes continue to rise. Will Tung, a local volunteer with the urbanist advocacy group 5th Square, noted that the prolonged legal battles have caused unnecessary delays, blocking access to housing for over 100 families.

As the project moves forward, it serves as a reminder of the challenges and resistance that affordable housing initiatives often face. Housing advocates hope that this ruling will encourage further development of affordable units in areas where they are desperately needed, paving the way for improved living conditions for lower-income families.

With the legal hurdles now cleared, the Omni project is set to advance, marking a pivotal moment in Philadelphia’s efforts to enhance its affordable housing landscape.