Supervisor Gerrard’s update on Westchester County affordable housing settlement

October 9, 2009
by Christine Yeres

Supervisor Barbara Gerrard announced at the joint meeting with the town and planning boards on Tuesday, October 6, that she had attended both a Municipal Officials luncheon and a Council of Governments meeting to which County Executive Andy Spano had invited every jurisdiction in the county to discuss the new affordable housing settlement between Westchester County and the Department of Housing and Urban Development, or HUD.  See the county’s fact sheet on the settlement by clicking here.

Under the settlement, Westchester County’s 31 whitest, wealthiest communities must together develop a plan to build or purchase 750 units of affordable housing by 2015.  These municipalities must also “affirmatively further fair housing,” or “AFFH” (used in the settlement documents as a verb) – that is, ensure that the units are marketed broadly to those in need of affordable housing.

The county must also produce an “analysis of impediments” to fair housing, or AI.  The county’s failure to include these analyses in its applications for HUD community development block grant monies that it received and spent was the basis of the court’s determination that the county had submitted false certifications for the grant monies. 

Implementation plan required by December 8

Gerrard reported that the Council of Governments meeting was a “standing-room only” affair.  The rules and formula contained in the settlement are difficult to make sense of, she admitted, but by December 8, 120 days after legislative approval of the settlement, there must be a plan in place to accomplish its goals. 

Spano gave attendees the impression that he would likely ask for an extension beyond the December 8 deadline, Gerrard reported. The monitor, James E. Johnson, a member of the law firm Debevoise & Plimpton, assigned by HUD to oversee creation and implementation of the plan, was present at the meeting and told representatives of the towns and villages of Westchester that he was willing to work with them to understand the challenges of their municipalities.

What’s a fair share of affordable housing?

“Some people were afraid,” commented Gerrard, “that their towns would get 100 percent of the housing, but there are 31 jurisdictions, and it doesn’t look as though any one of them will be unfairly apportioned.”

The county will pay $21.6 million to HUD, which will be returned to the county to be spent on the 750 units, along with $30 million more to be raised by the county through a bond.

Gerrard told board members that the county had agreed that local people and other government representatives should together work to fashion the implementation plan. The county has included Les Steinman, counsel to New Castle’s planning board, on its implementation plan committee. Steinman is also counsel to the Municipal Officials Association. 

Town board member Michael Wolfensohn asked Gerrard whether the county planned to purchase land or encourage private developers to build.  Gerrard responded, “The idea is that there will be county money in it somehow.”

Projects in the hopper won’t count

“There is a troublesome issue,” Gerrard noted. “During the negotiations, many jurisdictions had some houses in the hopper, in the process of being developed. Those units will not be counted toward the 750 total. HUD has that list. We haven’t gotten it yet. County Executive Spano has promised to send out a list of those in-the-hopper projects that will not qualify.” Gerrard told board members that she felt it was unfair to penalize communities that had acted before others to acquire or create fair and affordable housing by telling them that projects now underway would not count toward the 750 goal. 

Wolfensohn asked whether New Castle had anything, such as the Reader’s Digest development, that would be considered in the hopper, which would therefore not qualify as part of the 750 total. Gerrard responded, “Theoretically?  Maybe.”

New Castle town board views affordable housing, and the settlement, favorably

“Overall, though,” commented Gerrard, “this settlement will have a positive effect on the county.” 

Town board member Robin Stout added, “I’d like to go on record and say that I would be very supportive of participating with the county in bringing a fair share of affordable housing to New Castle.” Gerrard responded, “Yes, and we’re in favor of having it be mixed use housing in the hamlet, with public transportation and sewers.”