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Housing Settlement

Housing Settlement

In August 2009, former County Executive Andrew J. Spano entered into an agreement with the U.S. Department of Housing and Urban Development to settle a housing lawsuit. The settlement was approved by a majority of the Board of Legislators.

Last year, working closely with the federal housing monitor, James E. Johnson, and his team, Westchester County, submitted an updated version of its implementation plan for building the fair and affordable housing and complying with other obligations required by the 2009 settlement. In October 2010, the monitor approved what he described as a linchpin of the implementation plan, the model ordinance.

The proposed model ordinance provisions, Appendix D-1(i): Model Ordinance Provisions, supplement existing zoning codes in Westchester County's municipalities.

On Feb. 29, 2012, the county submitted to the federal housing monitor a report titled “Review and Analysis of Municipal Zoning Ordinances in Westchester County.” The report responds to the direction given in the Monitor's Report and Recommendation Regarding Dispute Resolution (Amended), issued on November 17, 2011 and includes an Appendix - “Compendium Data Tables of 43 Municipal Zoning Ordinances.”

Related information and documents
You may read the HUD letter, dated May 13, 2011, that Astorino has cited as an example of HUD overreaching the terms of the settlement, along with the press releases issued by the Astorino administration related to the housing settlement matter.

View a map of locations of affirmatively furthering, fair housing developments currently underway, as of September 30, 2013.

Local zoning practices not exclusionary
On July 6, 2012, a comprehensive legal analysis conducted by Westchester County and supported by a leading expert and advocate for affordable housing further concluded that local zoning practices in Westchester are not exclusionary. The submission to the monitor and HUD included an Appendix – “Status of Comprehensive Plans.” The submission was sent in response to a letter from the monitor dated May 14, 2012.
Go to Zoning Analysis page to view detailed timeline of correspondences between the County and the Housing Monitor regarding the submission of Zoning Analysis materials.

Affirmative Fair Housing Marketing Plan
A crucial element in the Implementation Plan is the Affirmative Fair Housing Marketing Plan to promote the housing created under the settlement. The federal housing monitor convened an advisory team to provide advice, comments and recommendations on the original plan.

As a result of this collaboration, the monitor approved a plan with a two-pronged approach: one plan, the Westchester County Affirmative Fair Housing Marketing Plan will be implemented by Westchester County; and the second plan, the Housing Development Affirmative Fair Housing Marketing Plan, will be implemented by the housing developers. The revised, two-prong plan was approved in December 2011.

The Discretionary Funding Allocation policy is another important element of the Implementation Plan. This policy was finalized and approved by the monitor in January 2012.

Implementation Plan
Following the federal monitor’s approval and acceptance of the implementation plan, the plan shall be incorporated into Westchester County’s "Analysis of Impediments to Fair Housing Choice."

I. WESTCHESTER COUNTY FAIR AND AFFORDABLE HOUSING IMPLEMENTATION PLAN

II. APPENDICES - (See below.)

Appendix A-1:
(i) A copy of the county’s October 8, 2009 extension request letter
(ii) A copy of the Monitor’s letter approving said request, dated October 21, 2009
(iii) A copy of HUD’s letter approving extension of AI deadlines, dated December 18, 2009
(iv) A copy of “Monitor’s Report Regarding Implementation of the Stipulation and Order of Settlement and Dismissal For the Period of August 10, 2009 through February 10, 2010”

Appendix A-3:
(i) Meeting Matrix, summary of meetings conducted internally and externally in furtherance of the Implementation Plan obligations in 2009
(ii) Master List of Housing Meetings for 2010

Appendix A-4:Listing of Planning Publications Available on the Westchestergov.com Web site

Appendix B-1:Finance Department documentation of $30M wire transfer

Appendix B-2:Finance Department documentation of check issued to Relator’s counsel

Appendix B-3:
(i) A copy of 19-20 Capital Request Form
(ii) 5-year Capital Program

Appendix B-4:  Letter in response to its obligations under Paragraph 44(c), along with supplemental communication from HUD, and an itemized accounting of the Unallowable Costs

Appendix C-1:A copy AFFH Policy legislation adopted by the BOL on November 23, 2009

Appendix C-2:A copy of the First Right of Refusal law approved by the BOL

Appendix C-3:
(i)  Letter from then-County Executive Spano to BOL members advocating for the adoption of this legislation, dated October 23, 2009
(ii) Letters from then-County Executive Spano to fair housing advocates urging continued support and advocacy for the legislation on November 18, 2009

Appendix D-1:
(i) Model Ordinance provisions
(ii) Documentation of outreach to local Westchester County municipalities re: Model Ordinance and proposed Discretionary Funding Policy
(iii) Office Park Housing Report
(iv) Development approval process charts

Appendix D-2:
(i) Letter of July 30, 2010 to James E. Johnson re: Discretionary Funding
(ii) Discretionary Funding Allocation Policy
(iii) Act #11-2010 by the County Board of Legislators re: Approval of FY 2010 Application to HUD

Appendix D-3:
(i) Amendments to Westchester 2025 & Resolution of the Westchester County Planning Board, adopting the overarching goals of the Stipulation and required policy statement, adopted on January 5, 2010
(ii) Resolution of the Westchester County Planning Board endorsing the substantive provisions of the Model Ordinance, approved on February 2, 2010

Appendix E-1:
(i) Methodology for the identification of Eligible Municipalities/areas (narrative)
(ii) Chart outlining Eligible Municipalities/area by tiers of eligibility under Paragraph (7) of the Stipulation
(iii) Map of Eligible Areas

Appendix E-2:
(i) Flow chart of traditional fair and affordable housing development process
(ii) Summary and Outline of historical funding sources, affordability terms (sale price, rental price, taxes), and timelines for completion of projects
(iii) Summary and Outline of Green Technology in fair and affordable projects
(iv) Westchester County Affordable Housing Program Fact Sheets
(v) Site Factor Assessment Form

Appendix E-3:
(i) Memo from B. Connolly to E. Buroughs identifying data layers for maps
(ii) Map of Current Use of Land in Eligible Communities
(iii) Map of Transportation Features in Eligible Communities
(iv) Map of Areas within one mile radius of Metro North train stations and a Bee-Line bus route in Eligible Communities
(v) Map of county Sewer Districts and Private Sewage Treatment Facilities in Eligible Communities
(vi) Map of Major Water Suppliers in Eligible Communities
(vii) Map of Environmental Features in Eligible Communities
(viii) Map of FEMA Flood Zones in Eligible Communities

Appendix E-4:
(i) List of Disallowed Projects
(ii) December 10, 2009 letter from NYS DHCR re: 37 Wildwood/Katonah project
(iii) New 37 Wildwood Pro forma showing need for FAH funding

Appendix E-5:Map of Lowest Concentrations of African Americans and Hispanics

Appendix E-6:
(i) NYS definition of ‘households’ approved by HUD
(ii) Westchester County occupancy standard
(iii) List of Current/Active fair and affordable housing projects as of January 25, 2010
(iv) List of county-owned parcels

Appendix F-1:Federal and State Housing Funding Sources

Appendix F-2:Report on Revolving Loan Fund Feasibility Assessment

Appendix F-3:
(i) November 4, 2009 letter from then-Commissioner Mulligan to NYS DHCR
(ii) May 14, 2010 letter from Deputy County Executive Plunkett to NYS DHCR Commissioner Lawlor

Appendix G-1:
(i) Westchester County Affirmative Marketing Plan
(ii) Housing Development Affirmative Marketing Plan Requirements

Appendix G-2:Centralized Intake and Housing Outreach Plan 

Appendix H-1:
(i) Fair Housing Outreach & Education Plan
(ii) Local Law No. 9-2010 Amending the Laws of Westchester County

Appendix I-1:
(i) A copy of HUD’s October 23, 2009 comments on county’s May 2009 draft AI
(ii) The county’s December 8, 2009 extension request
(iii) HUD’s December 18, 2009 extension approval letter
(iv) A copy of the count’s RFP, dated December 23, 2009
(v) A copy of the resolution of the Westchester County Board of Acquisition and Contract approving the AI consultant
(vi) A copy of the county’s executed contract for services with W. Frank Newton, Inc.

Appendix K-1:FAH Site Tracking Form