Westchester Loses Again on Fair Housing
Published: April 15, 2013
More than three years have passed since Westchester County signed a landmark consent decree to settle a fair-housing lawsuit — years the county and County Executive Rob Astorino have spent shirking their obligations, challenging the deal in court, and losing. It lost again on April 5, when the United States Court of Appeals for the Second Circuit upheld a district judge’s ruling that the county was in violation of terms of the court order.
The background: In 2009, the county was facing crippling fines for having taken tens of millions of federal housing dollars while falsely claiming it had complied with fair-housing mandates. In settling the case, the county agreed to build hundreds of affordable units, analyze how exclusionary zoning and other obstacles blocked fair housing, and take steps to overcome them. The county executive was also supposed to promote a law to forbid landlords from discriminating against tenants who use government vouchers to pay rent.
Mr. Astorino, who won election later that year, set the county on its defiant path. In 2010, when legislators passed the bill protecting tenants, he vetoed it, then tried to argue that the county had met its obligation to promote the law. The courts have ruled otherwise. You can’t veto a bill, they said, and “promote” it at the same time.
Mr. Astorino says the county is building some of the units it agreed to. But the court order demands more than just tucking apartments into the county’s nooks and crannies. The Department of Housing and Urban Development has warned that unless the county offers a plan to meet its obligations by April 25, it will lose $7.4 million in grants for housing and other projects. Mr. Astorino responded by accusing the department of
“extortion” and threatening to sue for the money.
These theatrics may play well on talk radio, but they could cost Westchester dearly — not just in dollars lost for housing and services for the poor, plus additional fines. Die-hard resistance to civil-rights laws didn’t work out for the South half-a-century ago, and it won’t work now
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