As County Executive Robert P. Astorino continues his battles with the U.S. Department of Housing and Urban Development in court over the terms of the settlement of an anti-discrimination lawsuit, HUD is denying Westchester County funds related to Hurricane Sandy relief.
HUD sent a letter dated April 4 to the county stating it had “serious civil rights concerns” related to Astorino”™s noncompliance of the settlement, approved in 2009, and as such would not give the county Community Development Block Grants. Astorino has threatened to sue HUD, claiming HUD is violating due process.
The grants are used for community development projects such as infrastructure improvements, affordable housing projects and anti-poverty programs.
“This is merely the latest in a long series of financial liabilities that the administration”™s continued stubbornness will cost us; and there could be many more significant financial penalties coming for noncompliance of the housing settlement,” Legislator Catherine Borgia said in a press release. “This decision once again illustrates how important it is for the county to start behaving responsibly and move forward with the settlement issues. Westchester taxpayers can”™t afford to continue to bear that burden.”
Astorino”™s office fired back at HUD saying they were unaware of HUD”™s letter until it was given to them by a reporter.
“There is no basis for HUD to be playing politics with disaster relief funds,” Edwin McCormack, director of communications for the county executive said. “Frankly, it is unconscionable for HUD to bring unsupported allegations of civil rights violations into the disbursement of emergency relief for Hurricane Sandy victims.”
On April 5, the Second Circuit Court of Appeals ruled that the county violated terms of its 2009 anti-discrimination settlement with HUD when Astorino vetoed legislation that would ban landlords from discriminating against residents on public assistance, such as Section 8 vouchers.
The court rejected Astorino”™s argument that the legislation would violate home rule and could come into conflict with the zoning codes of county municipalities.
Westchester County and HUD have been battling over the county”™s compliance with a 2009 settlement claiming that the county promoted discrimination by ignoring local zoning restrictions. As part of the settlement, the county has to build 750 units of affordable housing by August 2016.
HUD is threatening to withhold $7.4 million in federal aid if the county does not comply by April 25.
Astorino said he would comply with the law and continue to take principled stands on behalf of the people of Westchester.
This “would compel every owner of a house or apartment to do business with the federal government ”“ and take on all the rules and regulations that entails ”“ upon a tenant”™s presentation of a Section 8 voucher,” Astorino said in a statement. “I also felt that the source of income legislation would be detrimental to the housing settlement because it would act as a disincentive for developers to build affordable housing.”
The county executive accused HUD of extortion and asked for a formal hearing to give the county its due process.
“The rules apply to everyone, and that includes HUD,” said Astorino. “The county is asking for nothing more than to be treated fairly under HUD”™s own rules.”
Astorino further accused HUD of holding the county hostage and asked the board adopt an act authorizing the county attorney to proceed with a lawsuit against HUD if they withhold the money.
“How that helps advance affordable housing, which we all agree is vitally important, is best left to HUD to explain,” said Astorino. “It is important that Westchester protect itself from the federal government.”
Astorino said introducing source-of-income legislation is now in the hands of the Board of Legislators.
Ken Jenkins, chairman of the Board of Legislators, urged Astorino to comply with the terms of the settlement.
