Charedi charity wins case on ‘discrimination’
A CHAREDI housing association has seen off a legal challenge to its policy of allocating housing to Orthodox families, as judges ruled it served the community’s “many and compelling” needs.
In a decision handed down this week, the High Court dismissed the claim, brought by non-Jews, that the Agudas Israel Housing Association (AIHA) of Stamford Hill had been discriminating against them and that its actions were unlawful under the Equality Act.
In their judgment, Lord Justice Lindblom and Sir Kenneth Parker described how “the disadvantages and needs of the Orthodox Jewish community are many and compelling” and therefore said that “AIHA’s arrangements are justified as proportionate”.
The claim was also brought against Hackney Council, which arranges the nomination of applicants for AIHA properties.
The judges also took into account factors including antisemitism, crimes carried out against Charedim and the specific religious requirements of strictly Orthodox Jews, which AIHA properties are specifically designed for.
Also considered were issues including “a particular need for larger properties because of the large family sizes” of Charedim and the importance for strictly Orthodox Jews of being in close geographic proximity to the rest of their community.
They also called it “self-evident” that if AIHA were to allocate any of its properties to people who are not Orthodox, it would seriously dilute the number of properties available to Orthodox Jews, and would fundamentally undermine its charitable objective of giving meaningful “primary” provision to Orthodox Jews.
The court concluded that AIHA served a specific need and tried to do so with access to just one per cent of Hackney’s social housing stock.
AIHA has previously stated that more than 1,000 Orthodox families are on its waiting list.
AIHA serves the community’s ‘compelling’ needs
Ita Cymerman-Symons, chief executive officer of AIHA, said she was “gratified” by the ruling.
“This ruling will help address the imbalance, disadvantages and prejudices faced by Orthodox Jewish families in trying to find suitable housing”, she said.
“I firmly believe our work contributes to alleviating in our small way, a national housing crisis, freeing up other non-AIHA social housing for others.
“We do not take properties from others,