County analysis refutes claim that Westchester is 'segregated'

Westchester County Executive Rob Astorino released a report Friday that concludes Westchester's zoning is "not exclusionary," bolstering his argument that the county has adequately addressed issues raised in a lawsuit in 2009.

In a press release, Astorino's office explained that the county had commissioned John Nolon, a Pace law professor and land use expert, to conduct what it calls "a comprehensive legal analysis" of county zoning practices.

The county released the findings of the analysis on Friday afternoon, at the deadline imposed by a federal monitor.

In 2009, under the leadership of then-County Executive Andy Spano, the county settled a lawsuit brought by the Manhattan-based Anti-Discrimination Center, which argued Westchester violated the False Claims Act by taking federal aid while ignoring de facto segregation.

Specifically, the lawsuit claimed Westchester perpetuated racial segregation in its wealthiest towns, despite Housing and Urban Development requirements to create fair and affordable housing in all areas, not just places like Sleepy Hollow, Port Chester and Mount Kisco, which have large minority populations.

With mounting legal bills and dim prospects of victory in court, Spano settled, and Westchester County agreed to build at least 750 affordable housing units in communities that were identified as not diverse enough. Specifically, the county could only build the units in communities where fewer than three percent of residents are black and fewer than seven percent of residents are Hispanic.

Nolon's report suggests that zoning in Westchester does not discriminate and that the county cannot be held responsible beyond that.

Municipal governments are not developers, said Ned McCormack, a spokesman for Astorino.

McCormack conceded that communities "must provide opportunity for (units) to be built," but said they are not required to pursue developers to force construction.

In addition to the Anti-Discrimination Center, the National Fair Housing Alliance and the Poverty & Race Research Action Council, among others, have criticized the federal government. They say that Westchester County has been dragging its heels in regard to execution of the settlement, and that the federal monitor has not forced Westchester County government to honor the agreement.

A message was left Friday with Craig Gurian, executive director of the Anti-Discrimination Center.