Philadelphia Affordable Housing Project Advances After Legal Victory

A long-awaited affordable housing project in Philadelphia’s Cedar Park neighborhood is poised to move forward after a significant legal ruling. On October 25, 2023, Common Pleas Judge Idee Fox dismissed a lawsuit filed by a local resident challenging the city’s zoning change that facilitates the development of 104 affordable housing units.

The project, initiated in 2020 by the New York-based developer Omni, aims to transform a former junkyard into two residential buildings. The judge’s ruling deemed the zoning change for a triangular set of parcels on Warrington Avenue—which permits buildings up to seven stories—as legal. This decision marks a major step toward addressing Philadelphia’s ongoing affordable housing crisis.

The lawsuit was brought forth by Melissa Johanningsmeier, a Cedar Park homeowner who argued that the new development contradicted the city’s objective of preserving single-family homes in her neighborhood. Johanningsmeier expressed concerns about increased traffic, loss of green space, and the overall impact on the community during a two-day trial in October.

During the proceedings, Judge Fox noted the absence of supporting evidence from Johanningsmeier’s attorney, Edward Hayes, which ultimately weakened her case. The judge stated, “It was not for her to decide whether the project was the best idea, but whether the zoning was constitutional.” She further emphasized that community members could express their concerns through their local Councilwoman at the ballot box.

The proposed project includes plans for a large surface parking lot that would provide approximately 100 spaces for the new apartments, aimed at minimizing the impact on neighboring properties. Many community members had previously voiced their support for Omni’s plans before the Zoning Board of Adjustment, which granted the necessary permissions to proceed.

Despite local support, Johanningsmeier remained opposed, asserting that a zoning change allowing for multi-family buildings in a primarily single-family area constituted “spot zoning.” Hayes argued that even though the project is intended for residential use, it diverges significantly from the existing neighborhood character.

In defense of the project, attorney Evan Lechtman, representing Omni, highlighted the presence of buildings of similar height nearby, across the railroad tracks. He stated, “We are transforming a blighted, dilapidated junkyard into affordable housing.”

Local housing advocates have underscored the significance of this ruling. Will Tung, a resident and volunteer with the urbanist advocacy group 5th Square, described it as a “travesty” that a single, financially capable opponent could delay housing access for over 100 families for years. He remarked, “It’s more expensive than ever to rent or buy here, and this project would be a welcome change to its current use as a derelict warehouse.”

The years of community meetings and legal challenges reflect the complexities surrounding affordable housing developments in urban areas. Advocates continue to stress that opposition, regardless of how localized, can significantly drive up costs and hinder progress.

As the Cedar Park project moves closer to realization, it serves as a crucial example of the ongoing struggle to provide affordable housing in Philadelphia and beyond. Housing advocates hope that this ruling will pave the way for similar projects in the future, addressing the pressing need for accessible living options in the city.