HUD AND JUSTICE DEPARTMENT ANNOUNCE LANDMARK CIVIL RIGHTS AGREEMENT IN WESTCHESTER COUNTY
Agreement seen as a national model for inclusive, diverse and sustainable communities
WASHINGTON - The U.S. Department of Housing and Urban Development and the U.S. Department of Justice today announced a historic civil rights settlement with Westchester County, New York. The landmark agreement will result in the construction of 750 units of affordable housing in neighborhoods with small minority populations; will remove existing impediments to fair and affordable housing; and will require the County to take active steps to ensure its housing and development practices are fair to families without regard to their race or ethnicity.
"This is about expanding the geography of opportunity for families who may have been limited in their housing choices. The agreement we announce today demonstrates Westchester County's commitment to make sure its neighborhoods are open to everyone, regardless of the color of their skin," said HUD Secretary Shaun Donovan. "This agreement signals a new commitment by HUD to ensure that housing opportunities be available to all, and not just to some."
Westchester County receives a yearly Community Development Block Grant (CDBG) allocation from HUD and, as a condition of receiving this block grant funding, agrees to "affirmatively further fair housing." From 2000 to 2008, the County certified that it had complied with this requirement. The Anti-Discrimination Center of Metro New York (ADC) disputed this certification and filed a complaint under The False Claims Act. A federal court ruled that Westchester County failed its legal obligation to explicitly analyze "the existence and impact of race discrimination on housing opportunities and choice in its jurisdiction."
As a result, HUD and the U.S. Attorney for the Southern District of New York helped to broker today's agreement whereby Westchester County agreed to make a $51.6 million investment in affordable housing over the next seven years in areas of the County where it has historically not provided affordable housing. The settlement also provides for payment of $7.5 million to ADC.
"This landmark agreement significantly advances the cause of promoting residential integration, the cause that led us to initiate this litigation more than three years ago," said Craig Gurian, Executive Director of the Anti-Discrimination Center of Metro New York. "It signals a new day for Westchester County, and I applaud HUD and the Department of Justice for joining with ADC to begin to make real the long-neglected promise that we can become one community, with no exclusion."
"The resolution of this case is a positive step toward creating new housing opportunities and advancing integrated residential patterns in Westchester County," said Ron Sims, HUD Deputy Secretary and former Executive of King County, Washington. "This settlement reflects an approach to equitable development in suburban areas that can serve as a model for building inclusive, diverse and sustainable communities across the country."
Westchester County will also undertake and fund targeted marketing, public education and other outreach efforts to promote fair and affordable housing in areas that have historically not provided such opportunities. Finally, the County's compliance with the agreement will be overseen by a court-appointed monitor who will have the authority to recommend additional actions. The monitor will be James E. Johnson, a member of the law firm Debevoise and Plimpton. The agreement announced today must still be approved by Westchester County's Board of Legislators.
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In a settlement, hailed by the United States Department of Housing and Urban Development (HUD) as a "historic civil rights settlement," the county government for Westchester County, New York has agreed to spend US$51.6 million to build 750 affordable housing units that will primarily be offered to non-white minorities.

2000 United States Census. 
The settlement is the result of a federal lawsuit filed by the Anti-Discrimination Center of Metro New York (ADC) against the county under the False Claims Act, which alleged that the county was negligent in its oversight of federal funds that it received from HUD for community development which stipulated that it "affirmatively further fair housing." The ADC suit which claimed $180 million in damages, also said the county failed to build affordable housing and reduce segregation in some of the more affluent communities.

Prior to the settlement, the United States District Court for the Southern District of New York ruled that Westchester had failed to analyze the effect of race in relation to access to fair housing when it applied for HUD funds.

The county redistributed the federal funds to town and village governments, and the court concluded it did so without ensuring that guidelines were being followed or considering where the affordable housing was being placed.

Westchester County admitted no wrongdoing and says it has "for many years considered the impact of race on affordable housing," according to County Executive Andrew Spano.

Westchester County will also pay $8.4 million as a fine to the federal government and $2.5 million to cover legal expenses of the ADC.

630 of the 750 housing units must be built in communities which are less than 3% black and less than 7% Hispanic. The county will be required to market the homes "aggressively" to minorities, though federal law prevents them from being offered exclusively to certain races.


The case is a landmark for HUD and the way that the Obama administration will use the government agency.
"This is about expanding the geography of opportunity for families who may have been limited in their housing choices. The agreement we announce today demonstrates Westchester County's commitment to make sure its neighborhoods are open to everyone, regardless of the color of their skin," said HUD Secretary Shaun Donovan. "This agreement signals a new commitment by HUD to ensure that housing opportunities be available to all, and not just to some."

"This is consistent with the president’s desire to see a fully integrated society," said HUD Deputy Secretary Ron Sims. "Until now, we tended to lay dormant. This is historic, because we are going to hold people’s feet to the fire."

It is not yet decided where the affordable housing will be placed, but Westchester County has a number of towns and hamlets which qualify under the stipulated racial requirements, including Chappaqua, which is noted as the official residence of Secretary of State Hillary Clinton and former President Bill Clinton.

"Some constituents have had strong reactions, but that's just based on what they read in the papers and what the headlines are," said County Legislator Peter Harckham. "But there are no details yet to get excited about."

"I certainly approve of nondiscriminatory policy for housing," Alan Harrow, a resident of Somers, told ''The Journal News''. "Looking at it from my own point of view, I moved into this very rural area, and if there's suddenly a large housing development and 200 families there, it's probably something I won't really welcome."