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WPCNR COUNTY CLARION-LEDGER. From Westchester County Department of Communications. August 10, 2009 (EDITED) UPDATED (ITALICS) August 11, 2009 1:15 P.M. E.D.T.: Westchester County under terms of a settlement with the Department of Housing and Urban Development of a case brought by the Anti-Discrimination Center of Metro New York, will now build affordable housing in communities with very small minority populations. The settlement is being announced jointly by HUD and County Executive Andrew Spano at a news conference at noon today.
Under terms of the agreement announced today:
· The county will pay to the federal government $21.6 million dollars, which the government will then return to the county’s HUD account to be used to build fair and affordable housing in communities with less than 3 percent African American population and 7 percent Hispanic population as well as in specified census blocks. An additional $8.4 million will be paid to the federal government (of which approximately 20 percent will go to ADC) and $2.5 million will be paid directly to ADC’s counsel.
Donna Greene Director of Communictions for Westchester County, confirmed to WPCNR Tuesday that the affordable housing income levels for eligibility for rental and home ownership government-built affordable housing are based on Westchester County Average Median Family Income (not the median income of the community where such affordable housing would be built or acquired). The Westchester County 2009 median income is presently $105,000 a year for a Family of Four. She said, for rental housing income eligibility for a family of four would be 65% of median income ( $63,180) and for home ownership eligibility for affordable home units, it is 80% ($84,200). Greene said the process and guidelines and procedures have yet to be determined, and the county will be working with the HUD-appointed monitor to implement the program.
For a complete explanation of the income guidelines by family situation , go to http://www.westchestergov.com/pdfs/HOUSING_HUD_IncomeRentLimits.pdf
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Additionally, the county will add to its capital budget $30 million to build fair and affordable housing developments over seven years. (This is nothing new since the county has traditionally set aside millions of dollars to build housing. What is different is the locations where the housing must be built) Long-term bonds will be issued as developments proceed.
The agreement specifies in detail how many units must be built but, the federal government recognizing that the county does not control local zoning, has left it up to a monitor to lower the number of units or give the county more flexibility as to the time period and location. Much of the development depends on the county getting state funding and local inclusionary zoning regulations.
Faced with the threat of losing a $180 million lawsuit filed by the Anti-Discrimination Center of Metro New York as well as the possibility of being cut off from another $30 million in federal housing aid annually, Westchester has agreed to build this housing as part of a settlement with the federal government, which intervened in the case at the county’s request.
By settling with the federal government, the county admits no wrong doing and avoids the possibility of a tremendous penalty – including $50 million that would have gone to the Anti Discrimination Center of Metro New York, if the case were lost. Under the settlement with the federal government, that money will instead stay in
The settlement is based on HUD’s new focus to ensure that all recipients of their funds implement methods to affirmatively further fair and affordable housing to ensure non-discrimination in its programs. In
The settlement has been signed by County Executive Andy Spano and will be sent to the Westchester County Board of Legislators for approval.
“We have always been committed to fair and affordable housing, and believe we have lived up to HUD’s guidelines,” said Spano. “We have worked zealously to develop and preserve these housing opportunities throughout the county. We have been considered a model program. Never has HUD denied our funding and we have been identified for best management practices. Then out of the blue comes this lawsuit. The first of its kind anywhere in the
The case focuses on HUD’s Community Development Block Grant Program administered by the county’s planning department, which gives millions of dollars annually to communities and agencies to create, among other things, fair and affordable housing.
ADC, a housing advocacy group, in its lawsuit filed against the county in April 2006 seized on a technicality in the law that required Westchester to certify to HUD that it not only considered race as an impediment to fair and affordable housing, but document it in an analysis of impediments.
Despite the fact that the county believes it did nothing wrong, Spano said his administration and the federal government worked out a settlement to avoid the delay, expense and the uncertainly of protracted litigation that would penalize the county.
He said that the county had reasonably believed that it was meeting the requirements of providing fair and affordable housing, because it has given such high priority to the construction, rehabilitation and preservation of affordable housing and that before the ADC lawsuit, HUD had never rejected or disapproved of its plans.
“The county has for many years considered the impact of race on affordable housing, and the county administration has acted in the way that it determined could best assure the construction of new housing in areas where the people wanted to live,’’ said Spano.
He added, “While this lawsuit is something neither we nor any other county could expect, the ultimate result is that we will continue our ongoing, important effort to develop and affirmatively promote fair affordable housing in this county.”
“Although the settlement does not allow us to spend any of this funding on fair and affordable housing in urban areas, we are committed to continuing this effort and will do so with county capital funds that have already been set aside,’’ said Spano.
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