Scarsdale Adopts Fair and Affordable Housing Code

The big news from the Village Board meeting on Wednesday November 9 was the passage of new code requiring the inclusion of fair and affordable housing units in multiple housing developments in Scarsdale. The new code requires the inclusion of an affordable unit in developments of 5-9 units and 10-14 units and the inclusion of 2 affordable units in developments of 15-24 units. The units shall be compatible in appearance with the market-rate units and marketed in accordance with HUD Guidelines.

Though the inclusion of this code was the subject of discussion at many meetings, in reality it will likely only result in the creation of a handful of affordable units in Scarsdale. With the scarcity of available land here for multiple family developments, this new code is more a gesture of Scarsdale’s cooperation with the county than a mandate to build affordable housing in Scarsdale.

At the November 9 meeting, Trustee Brodsky answered a list of questions posed by Martin Kaufman at a prior meeting. In her responses she said that the new code “enhances the Village’s ability to provide fair and affordable housing” and “does not concede that housing in Scarsdale has been unfair.” The model code suggested by the Federal monitor has been “tailored by the Village Board and the Planning Board to account for Scarsdale’s unique characteristics,” and “the Village is seeking to be proactive and cooperative with Westchester County’s efforts.”

However, these answers were not enough for Kaufman who spoke further at the meeting to clarify his prior question and pose new ones.

Kaufman wanted to know if there was a definition of “ethnically diverse households” and Esannason replied, “I think you can give plain meaning to this language.” Kaufman pointed out that this language was grammatically incorrect.

Kaufman also cautioned that the League of Women Voters had expressed approval for the new code, believing that the provision would make housing available for school teachers and seniors. He said, “the community may be confused as it does not provide for senior or workforce housing.” Furthermore he wanted to know if the " Board considered the impact of the amendment on the propensity of developers to build workforce or senior housing which is not stipulated in this law." He added, "If a developer provides affordable housing they will be less likely to provide workforce housing.”

Bobby Ben Simon of 11 Seneca Road also spoke, asking, “What will be the effect on residents of providing affordable housing?” He said he was surprised it was so empty at Village Hall and that “we need to open the pros and cons for the public to decide.”

Doug Ulene of 7 Cayuga Road spoke in support of the new amendments, saying, “regardless if it is an obligation of this municipality or the federal government, I support it and believe we should lead on this issue.”

Despite resident reservations, the resolution was put to a vote and received unanimous support among the Trustees and Mayor at the meeting, though Trustee Toder was absent. With this vote the new code is enacted and could mean that the development at the former Heathcote Tavern will include an affordable unit.
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Scarsdale10583 received the following letter from League of Women Voter's President Marylou Green in response to the above article:

At the meeting of the Village Board on November 9, the Trustees heard comments from the public regarding the Fair and Affordable Housing Code amendment. Mr. Martin Kaufman is quoted in “Scarsdale Adopts Fair and Affordable Housing Code,” posted on your site, as saying “the League of Women Voters had expressed approval for the new code, believing that the provision would make housing available for school teachers and seniors.” This is a misinterpretation of our statement presented to the Trustees on October 25. Our position as stated is as follow:

“The League of Women Voters has a longstanding position in support of measures to increase the supply of housing in Scarsdale for a wider income range than now exists and therefore supports an affordable housing zoning code amendment. There remain certain provisions of this amendment that necessitate further comment from the LWVS.

We understand the proposed amendment of the Zoning Code relating to the provision of Fair and Affordable housing has been carefully reviewed and further clarified by the Planning Board and thereafter by the Board of Trustees with special notes for further clarification of the marketing and monitoring components. We also understand that this amendment will not limit FAH to Scarsdale residents and workforce but will be marketed broadly throughout the area. Our positions have historically included provisions for Scarsdale seniors, municipal and school employees and others on whose presence every community depends. We ask the Village to also continue to encourage affordable housing opportunities for Scarsdale residents and employees.”

The League appreciates this opportunity to clarify our position.

Marylou Green
President, LWVS