New Deadline for County's Housing Settlement Implementation Plan

A federal monitor has set a new deadline for Westchester County to submit a revised implementation plan to distribute affordable housing in the region. 

The county now has until August 9, 2010 to make the next set of revisions to its implementation plan for building 750 units of fair and affordable housing in 31 communities over the next seven years. 

Federal monitor James Johnson set the new date in a letter to the county on Wednesday, the same day he filed a 61-page monitor's report and reference materials (see attached) with the United States District Court of Southern New York.

The move comes over three months after the county's second submitted implementation plan was panned by federal monitors. 

The county turned in their second revision in March with the hopes of fulfilling the $51.6 million court settlement from August 2009. The county said it would enact a plan to desegregate housing and offer new opportunities for affordability in what are now predominantly white census blocks, including many parts of Westchester. However, at the the time, the U.S. Department of Housing and Urban Development said in a statement, "We have seen two versions of the implementation plan and, while the County has worked to improve it, there is still work to be done to set a clear strategy for promoting diverse, inclusive communities,"

The settlement to build affordable units with the aid of county money was reached after the Anti-Discrimination Center of New York sued the county, claiming the county had lied to receive federal monies from 2000 to 2008. During those years, the county certified that it had complied with a requirement to "affirmatively further fair housing." The Anti-Discrimination Center of Metro New York (ADC) disputed this certification and filed a complaint under The False Claims Act. A federal court ruled that Westchester County failed its legal obligation to explicitly analyze "the existence and impact of race discrimination on housing opportunities and choice in its jurisdiction" when it received federal funds. 

In the court-filed monitor's report, Johnson said that the county was failing to develop "more long-term benchmarks"; did not lay out how the county would allocate the $51.6 million it needs to spend on land acquisition, infrastructure improvement and construction; and was showing a "lack of creativity" as to how the county plans to encourage municipalities to comply with the terms of the stipulation. 

Johnson also criticized veto power used by County Executive Robert P. Astorino last month to strike down a law passed by county legislators to end discrimination in housing on the basis of lawful source of income – a move meant to ensure individuals who receive assistance for living expenses are not discriminated against in the housing and rental market. 

The Anti-Discrimination Center, and Johnson, both noted that the veto defied aspects of the stipulation that the county legally agreed to. 

In a statement posted yesterday on the county website, Astorino responded to the federal monitor's comments, calling them "thoughtful" and "welcome".

"This is an evolving process and we are committed to developing an implementation plan that will deliver on the goal of bringing 750 units of fair and affordable housing to the market within the next seven years," he said.

The release noted that the county has made some efforts in terms of encouraging local municipal compliance:

"In the past three months, the county has held 14 meetings with municipal officials and 31 meetings with private land owners to discuss possible developments in Larchmont, Yorktown, Dobbs Ferry, Eastchester, Lewisboro, Cortlandt, Irvington, North Salem, Bedford, New Castle, North Castle, Rye Brook, City of Rye, Briarcliff and Pleasantville."

Harrison has been considered development, but has not indicated with any certainty that it will be a part of the plan.

It also noted that on July 13, the county Planning Board is scheduled to consider making a recommendation to the county Board of Legislators for funding approval for 18 fair and affordable housing units in the City of Rye. The project was originally proposed as exclusively for seniors. However, at the request of the county, the age restriction was removed by the City of Rye so that the project could comply with the settlement. The county's proposed contribution to the project totals $2.4 million, two thirds of which comes from the $51.6 million settlement fund and one third from federal funds. 

"We are making progress – more than 40 meetings in 90 days is a clear demonstration of how we are moving forward," Astorino said. "People should not lose sight of the fact that the implementation plan is simply a tool to help guide the process. Critical to our success will be building relationships with the municipal officials, developers and the communities involved, and that's where we have been spending the bulk of our time to date."