Astorino Spars with U.S. Attorney Preet Bharara Over Progress of Fair and Affordable Housing Settlement

Though Westchester County appears to be complying with the terms of the 2009 Fair and Affordable Housing Settlement, the U.S. Attorney's Office says that Westchester is not doing enough.

According to the U.S Attorney Preet Bharara – who is a Westchester County resident himself – the County has not met their benchmarks. The settlement required that financing for 450 of the 750 affordable units be in place by the end of 2014. The County said that 454 units were funded but the Federal Monitor appointed to oversee the settlement claims that 28 of the 454 units have not been approved. These 28 units are to be built in New Castle at Chappaqua Station however the developer is facing opposition from residents there and has failed to receive the variances he needs to move forward. The U.S. Attorney says that the County should take legal action against the municipality to force approval for the project.

The proposed penalties for failing to break local zoning codes are steep. If the court rules in favor of the U.S. Attorney, Westchester County would pay $30,000 for January 2015 and $60,000 every month thereafter. Assistant U.S. Attorney David J. Kennedy also recommended that Westchester be forced to establish an escrow account of $1.65 million — $68,800 for each of the 24 units short of the benchmark. The county has already lost millions in community development block grants that were earmarked for Westchester but withheld as punishment by HUD.

At a press conference held in front of Hillary Clinton's home on Old House Lane in Chappaqua on July 24, Westchester County Executive Rob Astorino fought back. He warned that home rule, which gives localities the ability to pass laws to govern themselves as they see fit, is being threatened by an "overreaching federal government intent on socially re-engineering America's suburbs. " Astorino also noted that Chappaqua is home to NYS Governor Andrew Cuomo.

He said, "What's at stake is who controls the future of our towns, villages and cities across the nation – the people who actually live in them, or unelected bureaucrats operating out of cubicles in Washington," "What's new is that, if changes are not made, local control of your neighborhood is on the way out."

"The federal government's assault on our local communities in Westchester is dumbfounding, shocking, and counterproductive," said Astorino.

Astorino explained: "Here's how it works. HUD decides whether your neighborhood meets the quotas the agency believes represent the proper balance of race, income, education and other demographic features. If the zip code doesn't measure up, HUD then prescribes corrective measures, which essentially come down to running roughshod over local zoning so HUD can socially engineer the character of your community to bring it in line with its quotas."