“I am happy to inform all the people living their
Suburban Lifestyle Dream that you will no longer
be bothered or financially hurt by having low in
come housing built in your neighborhood…I have
rescinded the Obama-Biden AFFH Rule. Enjoy!”
-President Donald Trump
“We do not want to live in a segregated
Westchester County,”
-County Executive George Latimer
By Dan Murphy
After the news came out late last month that the US Department of
Housing and Development, HUD, led by Secretary Ben Carson, had recind- ed portions of the AFFH rule, dealing with affordable housing regulations,
housing rights advocates and elected officials in Westchester spoke out
against the decision, which was touted on social media by President Donald
Trump. (see our story last week online at YonkersTimes.com).
Craig Gurian, Executive Director of the Anti-Discrimination Center
said after the announcement, “It was the Anti-Discrimination Center’s 2006
lawsuit against Westchester County that brought the concept of “affirma- tively furthering fair housing” back from the dead; we have been looking at
this issue closely since that time.
“The Trump administration’s new rule represents a move to a regula- tory regime that tells localities that their exclusionary zoning – zoning that
precludes the construction of affordable housing – will go unchallenged. It
will mean that the national scourge of residential segregation will continue
unabated.
“Affirmatively furthering fair housing is the path to open up to all
Americans those communities (suburban or urban) that feature good
schools, safe streets, quality medical care, and well-tended parks and recre- ational facilities. President Trump, like bigots who have come before him,
sees that as a threat, as opposed to the opportunity it is.”
“It is well to remember that the social engineering involved here was
the deliberate, decades-long policy of excluding African Americans from
suburban neighborhoods. Remedying that wrong is what basic justice re- quires.
“In truth, there has never been a sustained commitment to affirmatively
furthering in any presidential administration – that needs to change.
“As for the Trump administration’s denigrating of the Westchester case, it
was, in fact, a case so strong that the presiding federal judge ruled as a matter of law that Westchester’s representations that it had and would affirmatively further fair housing were “false or fraudulent.” said Gurian, who was cocounsel in the False Claims Act case and is lead counsel in the current federal court challenge to NYC’s discriminatory outsider-restriction policy in its af- fordable housing lotteries.”
County Executive George Latimer also denounced the decision, stating,
“This weakened rule undermines a 52-year old law, which eliminated barri- ers to developing affordable housing opportunities. Affordable housing has
long been one of the top priorities of my administration, and it is irresponsible to get rid of any tool that contributes to those opportunities, and ultimately better-rounded, more vibrant communities.”
Under the new rule, the grantee’s certification that it will affirmatively
further fair housing simply means that the County will take “any action that
is rationally related to promoting one or more attributes of fair housing.” The law would also eliminate the County’s requirement to complete an Assess- ment of Fair Housing. Ultimately, this combination fails to ensure compliance with the law and does little to advance fair housing.
Latimer continued: “We do not want to live in a segregated Westches- ter County. There is absolutely no evidence that supports that fair housing
negatively affects property values, or the home rule. Without strong laws like AFFH in place, Westchester County will fail to be the diverse, multifaceted County we all want to call home.”
The issue of Affordable Housing and the lack of affordable housing in
communities outside of the larger cities in the county resulted in a settlement between HUD and then County Executive Andy Spano in 2009. The settlement called for the County to build 750 units of affordable housing spread out across the small towns and village in Westchester.
Former County Executive Rob Astorino allowed the affordable units to be
built, while pushing back on some of the other demands of the Federal monitor appointed to oversee the settlement.
The problem with the President’s comments and directive is explained by
Alexander Roberts, executive director of Community Housing Innovations
and a member of the Westchester Workforce Housing Coalition “I don’t think Trump’s assault on 50 years of fair housing policy will work, especially in Westchester where 750 units of housing have had no negative impact on housing anywhere,” Roberts said, explaining that Westchester property values and quality of life have not been destroyed due to the affordable housing settlement.
Certainly, the sky has not fallen in the ultra wealthy communities in the
county where a few units of affordable housing were built. And the Westchester of 2013, is much different than the Westchester of today.
The issue also muddies any attempt by Westchester republicans to mount
a comeback and try to regain some of the ground lost in recent elections.
As is usually the case, the President’s comments don’t help republicans in
the county that Trump referred to in his Tweets and comments on affordable housing. Much like the issue of the Immigrant Protection Act, IPA, the matter is settled and a supermajority of Westchester residents have moved on.
