County Executive Astorino Gives Chilling Account of HUD Actions in Westchester
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At the 4/24 event of the Spring 2016 NVA Speakers Series “Setting Our Course in Newton” the audience heard from Westchester County Executive Robert Astorino about HUD overreach into the New York county's zoning and land use democratic decision-making authority. Astorino inherited a HUD settlement that was the signed by, and was the result of the actions of, the administration of his predecessor, Democrat Andrew Spano. Astorino, a Republican, admits he was elected to lead the liberal, heavily-Democrat county because of voters' anger over the settlement and the burdens it would impose on them. Astorino explained that, under his leadership, Westchester is ahead of schedule in building the affordable units required by the settlement. However, he has refused to sue, as HUD demands, the cities, towns and villages in Westchester to force them to change their zoning codes after extensive analysis of impediments (thousands of pages) showed that there was nothing discriminatory about those zoning codes. Astorino argues that what HUD is demanding goes beyond the terms of the settlement. The correspondence between Westchester, HUD and the HUD-appointed monitor is fascinating.
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Westchester County Executive Robert Astorino with Newton City Councilor Jim Cote (photo, left). An audience member chats with Astorino (photo, above).
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NVA Series Explores on April 24th HUD Intervention Into Local Zoning & Land Use
On May 12, 2015, Mayor Setti Warren and the City of Newton as Respondents entered into a voluntary, federal Department of Housing and Urban Development (HUD) Conciliation Agreement with Complainants Engine 6, the Disability Law Center, Inc., and the Fair Housing Center of Greater Boston. The Conciliation Agreement was a result of allegations, of violation by Mayor Warren and the City of the federal Fair Housing Act, brought to HUD by the Complainants. These allegations were with respect to Mayor Warren's decision to end discussions about, and not to fund, a proposed housing project for formerly homeless individuals at the former Engine 6 firehouse building.
The HUD Conciliation Agreement specifies that HUD will monitor Newton for five years to ensure compliance with the relief required by the Conciliation Agreement. One important deadline is May 12, 2016, by which time the City is required to "identify at least five (5) sites which may be suitable for nine (9) to twelve (12) affordable housing units for chronically homeless persons with disabilities" and "inform HUD and the Complainants of the locations". However, communities that enter into such agreements with HUD sometimes find that once HUD bureaucrats are involved in their local land use, HUD will choose to stay involved, and extend the scope of federal bureaucratic intervention into the local land-use decision-making authority of democratically elected local leaders. Westchester County is one such community, and Westchester's elected leader, County Executive Robert P. Astorino is challenging what has been called HUD "overreach" in his county. Westchester's story of HUD intervention is shocking, and offers a cautionary tale to local governments in places like Newton.
The HUD Conciliation Agreement specifies that HUD will monitor Newton for five years to ensure compliance with the relief required by the Conciliation Agreement. One important deadline is May 12, 2016, by which time the City is required to "identify at least five (5) sites which may be suitable for nine (9) to twelve (12) affordable housing units for chronically homeless persons with disabilities" and "inform HUD and the Complainants of the locations". However, communities that enter into such agreements with HUD sometimes find that once HUD bureaucrats are involved in their local land use, HUD will choose to stay involved, and extend the scope of federal bureaucratic intervention into the local land-use decision-making authority of democratically elected local leaders. Westchester County is one such community, and Westchester's elected leader, County Executive Robert P. Astorino is challenging what has been called HUD "overreach" in his county. Westchester's story of HUD intervention is shocking, and offers a cautionary tale to local governments in places like Newton.
