A Black real estate investor has filed a lawsuit against Marin County, alleging that officials unfairly targeted his floating home projects with discriminatory red tape.
The suit claims that new rules required extensive documentation about the history and origin of floating homes and demanded verification of dimensions from a licensed marine surveyor or civil engineer. The investor, Burks, said those requirements were applied to his projects even before they were formally approved by the Board of Supervisors.
Burks argued the regulations were not enforced equally. In the three years it took him to relocate his first floating home to Kappas Marina, he built relationships with community members, some of whom later purchased and relocated floating homes themselves. He said their permits were granted much faster and with fewer requirements, even for homes larger than his.
“[The homes] were permitted in a fraction of the time I got my permit, without having to do a fraction of what I had to do,” Burks said. “And they were much larger in size and dimensions. It’s very disappointing.”
According to the lawsuit, delays in the permitting process created significant interest payments and operational costs, forcing Burks to sell some homes at below-market prices. He is awaiting a preliminary court hearing, expected to be scheduled within 90 days of filing the case.
“Sometimes you have to touch the stove to remind yourself that it’s still hot,” said Burks’ attorney, Andanté Pointer. “NIMBYism is alive and well, and this one has a racial animus tint to it.”
