County Board and HUD Agree on Temporary Stay of Reallocation of $5.2m in Grants
It looks like Board of Legislators Chairman Michael Kaplowitz may have made good on his pledge last month to work with board colleagues and enlist the help of their congressional representatives to reach out to federal monitor James Johnson and U.S. Department of Housing and Urban Development (HUD) officials to help stave off reallocation of $5,227,328 in Community Development Block Grants from Fiscal Year 2012. The county already lost about $7.4 million from 2011 when it failed to pass the required source of income legislation in time.
At a press conference Friday, Kaplowitz explained that: “Following more than a week of intense negotiations between BOL leadership, HUD, Monitor James Johnson and members of Westchester’s Congressional delegation, HUD informed the BOL in a letter on Thursday that the agency would take no action regarding the reallocation of CDGB funds for at least 30 days, until June 9th.
In a letter Kaplowitz sent to Johnson in April, he offered expansion of the role the BOL would take in efforts to satisfy the County’s obligations under the 2009 fair and affordable housing settlement.
Six of the 31 mostly white communities that were required to build affordable housing under the settlement are still deemed by Johnson to have zoning that is exclusionary based on race. However, Kaplowitz has said the monitor is working actively with five of those communities to resolve that issue and he (Kaplowitz) has taken the stand that CDBG funds being stopped for another year is “unacceptable, untenable and requires solutions.” He asked HUD to extend the deadline for a reasonable period of time before the $5.2 million is reallocated.
As part of the negotiations, the BOL has agreed to present to HUD a specific plan and timeline to enact legislation that would affirm the County’s commitment to a set of four “Required Special Assurances” designed to ensure that the county conforms to the requirement to “affirmatively further fair housing”.
In addition to pursuing the legislation that HUD requires, the BOL has established a bipartisan delegation of four Legislators, who are attorney’s, to engage HUD and the Monitor as the BOL works toward providing the “Analysis of Impediments” (AI) which is one of the last remaining elements of the 2009 settlement which the county has yet to fulfill.
Kaplowitz, who voted in favor of the settlement in 2009 said: “Despite what some people say, compliance does not mean capitulation, it does mean upholding our end of the 2009 settlement that we agreed to. We have made significant progress in our discussions with HUD and the Monitor in the last week. HUD’s willingness to work with the BOL is a clear indication that they share our belief that we can work with all the stakeholders in this settlement to reach a conclusion that satisfies our obligations under the settlement. If we are successful in our efforts it means we would secure the 2012 CDBG monies of $5.2 million. It would also secure future CDBG monies, bring the County into agreement with the 2009 settlement and avoid future penalties, fines and adverse court decisions….no more no less.”
Kaplowitz added, “Westchester County is doing a terrific job of fulfilling our obligation to build the required affordable housing, last year we passed Source of Income legislation which was another fundamental obligation under the settlement. We intend to work closely with the Monitor, relying on the good work he’s done at the municipal level. I hope that the County Executive will view this development as the tremendous opportunity it is and work with the BOL and other County Departments to complete one of the final tasks in the settlement, the submission of an acceptable AI.”
County Executive Robert Astorino has consistently said HUD’s strategy of threatening to withhold millions in grant money is likely being done in an attempt to force the county to go beyond the parameters of the settlement. In his recent State of the County address Astorino proposed that Westchester County start its own $5 million block grant program for the communities being “held hostage” by HUD.
On Monday, two days before President Obama’s visit to Tarrytown to discuss infrastructure programs and spending, Astorino sent the president an invitation to take Governor Cuomo with him on a tour of Westchester County and to meet with Astorino to discuss the county’s 2009 Federal Housing Settlement with the HUD. There is no indication that any action will be taken on the invitation.
