County to Appeal Decision on Release of Affordable Housing Tapes
Westchester County plans to appeal a federal judge’s decision last week ordering videotapes of County Executive Rob Astorino’s depositions be publicly released regarding statements connected to the required public education campaign for the affordable housing settlement.
The June 27 ruling by U.S. District Judge Denise Cote granted the request made in March by federal monitor James Johnson who has contended that Westchester has breached the agreement. Johnson argued that false and misleading public statements made by Astorino damaged public confidence and generated fear about the 2009 settlement with the federal Department of Housing and Urban Development (HUD). The county is required to build 750 new affordable units in 31 mostly white municipalities.
However, Astorino has argued that his public comments were to highlight the federal government’s overreach to potentially expand the parameters of the settlement, disregarding his First Amendment rights to criticize the agreement even as the county has continued to meet its annual benchmarks. Westchester must issue building permits to the 750 units by the end of this year to be in compliance.
The court is also expecting an acceptable Analysis of Impediments (AI) relating to zoning be submitted for the county to comply with the settlement.
Cote stated in her 33-page decision that ordering the release of the videotaped depositions, which included Astorino’s testimony in court appearances from last year, “is an appropriate remedy” for the county’s breach of the Consent Decree and is within the court’s discretion.
“These statements concern the extent and nature of the County’s obligations under the Decree, including the County’s duty to submit an AI acceptable to HUD,” Cote wrote. “Astorino’s statements also reveal the County’s eagerness to sway public opinion against the Consent Decree instead of implementing the public education campaigns required…”
In her decision, Cote referenced Westchester’s failure to promote a campaign until 2015, six years into the agreement. Once introduced, the campaign has had shortcomings, consisting of information about affordable units on the county’s website and advertisements on Bee-Line buses and bus shelters throughout Westchester, the judge stated.
Cote also pointed out that Astorino falsely claimed that HUD sought to dismantle local zoning, force the county to build structures that were out of character with the host communities and expand the settlement’s requirements to 10,768 affordable units costing as much as $1 billion.
Last week Astorino spokesman T.J. McCormack said the administration strongly disagrees that the county is in breach of the settlement and will appeal Cote’s decision to release the tapes.
“The record shows that the county has exceeded its annual benchmarks to date for developing the settlement’s required 750 units of affordable housing,” McCormack said. “This would not have happened if the county had not worked cooperatively and successfully with its local municipalities to ensure that both the goals of the settlement were being met and that the due process rights of all parties were respected.”
McCormack said the county has spent about $1.2 million in public outreach, more than double what was required in the settlement, on more than 100 activities that have included posters, public service announcements, seminars, town hall meetings and other types of forums involving a wide range of stakeholders throughout Westchester.
He also criticized the ruling because it attempts to limit Astorino’s and other elected officials’ free speech about concerns over “an overreaching federal government.”
A statement released last Wednesday on behalf of HUD Regional Administrator Holly Leicht said the agency hopes the ruling will help the county promote fair and affordable housing, a key component of the settlement.
“We hope this is a turning point in working with county officials, as we have been with local governments throughout Westchester County, to ensure that residents have a clear understanding of exactly what the settlement means and does not mean for their communities,” Leicht said.
The county must file its appeal by today (Tuesday), according to HUD.
Board of Legislators Chairman Michael Kaplowitz (D-Somers) said with six months remaining before the deadline it would be a close call as to whether Westchester will be able to have 750 building permits in place by Dec. 31. Even if the permits are granted, the county must still submit an acceptable AI, a source of contention for the Astorino administration.
At the end of 2015, 649 units had approved financing and 588 building permits or certificates of occupancy were issued.
Martin has more than 30 years experience covering local news in Westchester and Putnam counties, including a frequent focus on zoning and planning issues. He has been editor-in-chief of The Examiner since its inception in 2007. Read more from Martin’s editor-author bio here. Read Martin’s archived work here: https://www.theexaminernews.com/author/martin-wilbur2007/
