In 1988, HUD began requiring municipalities receiving federal community block grant funding to conduct an “analysis of impediments.”
Then, in 2009 Feb, a federal court ruled that Westchester County had “utterly failed” to meet its obligations to “affirmatively further fair housing,” and that certifications that it had done so were “false or fraudulent.” A consent decree was entered, in which Westchester agreed to spend at least $51 million to develop 750 units of affordable housing, educate the public about fair housing, and analyze the local housing market to find roadblocks to fair housing choice. The decree set Dec 9 of that year as the due date for producing an analysis of impediments.
Since then, the County has submitted 10 attempts at an acceptable analysis of impediments. HUD has rejected each attempt as inadequate. The most recent rejection came on 2017 Apr 10. More than seven years after the original deadline, and approaching 30 years since HUD initiated the requirement of analyses of impediments, Westchester County remains out of compliance.
The Trump administration has pushed for Westchester to comply with the settlement, and the requirements of the US Fair Housing Act.
On Apr 21, Westchester's attorney argued before Judge Guido Calabresi of the 2nd U.S. Court of Appeals in Manhattan that HUD had been “unreasonable” in rejecting the the County's most recent attempt at an analysis.
Calabresi wasn't buying it. He
"angrily accused the county of failing to fully meet obligations under a consent decree to build affordable housing that can be marketed to nonwhites....'You know, I rarely get angry but it seems to me that what is going on is consistent evasion, consistent trying each time to find something new why you shouldn't live up to something that you agreed to. And that is bad when parties do it. It is outrageous when the government does it," Calabresi said, raising his voice.'" (Associated Press)A week later the three-judge panel handed down its unanimous and scathing ruling: Westchester County “is engaging in total obstructionism.” The county has now lost seven appeals to the 2nd Circuit Court of Appeals.
"Appeals Judge Angrily Scolds Westchester in NY Housing Case" (AP, 2017 Apr 21)
"New Westchester Housing Monitor Stephen Robinson Ready to Dive into Case" (LoHud: The Journal News, 2017 Apr 21)
"Court Finds 'Total Obstructionism' by Westchester in Housing Case" (LoHud: The Journal News, 2017 Apr 28)