Fed monitor rejects Astorino review, wants documents

The federal monitor overseeing a housing discrimination settlement with Westchester County is expanding his probe of the county's zoning laws and wants County Executive Rob Astorino to turn over related documents.

On Monday, James Johnson sent a letter to Astorino effectively rejecting the county's review of zoning regulations and practices in its villages and towns. He asked the county to turn over "certain documents" and correspondence related to the review and "make available for interview" county employees as well as any private consultants who worked on it.

Johnson has asked the county to conduct another zoning review and resubmit the information by a July 9 deadline.

"A thorough and detailed report is called for in order for the public to have confidence that, whatever view held of existing housing, that this process is rigorous and firmly grounded in law," the Manhattan-based attorney wrote.

It wasn't immediately clear if Astorino would comply with Johnson's demands. A spokeswoman for Astorino declined to comment on the May 14 letter, citing the "extensive amount of information" that is being requested from the county.

Roughly $12 million of affordable housing funds are being withheld by the federal Department of Housing and Urban Development in response to Astorino's legal challenges.

At issue are two key provisions of a 2009 settlement with the federal government requiring the county to "promote" the legislation and dismantle discriminatory zoning laws in its villages and towns, through litigation if necessary.

In November, Johnson requested the county conduct a review of the zoning laws to determine if there were restrictions on multifamily and low-income housing that would prevent minorities from renting or buying in the county.

The county says it conducted a thorough review of zoning laws in the county and found no evidence of exclusionary practices. It sent a report to the federal monitor in February, explaining the rationale for that conclusion.

Astorino, a Republican, argues that the county is fulfilling the terms of the settlement -- which also requires the county to spend $52 million to build 750 affordable housing units in predominately white neighborhoods -- but argues that HUD is overreaching its authority by forcing him to target landlords and municipal governments.

Meanwhile, federal officials are trying to block a move by Astorino to delay a federal court order requiring him to pass legislation forcing landlords to accept government vouchers as payment for rent.

On Wednesday, U.S. District Attorney Preet Bharara filed a challenge to Astorino's appeal of Manhattan Judge Denise Cote's May 3 ruling that his administration must resubmit the legislation to the Westchester County Legislature for approval.

Bharara argues Astorino is trying to avoid complying with the settlement, which stems from a lawsuit settled by his predecessor Andy Spano alleging the county had accepted millions of dollars for affordable housing it never built.

"The heart of this case, and the heart of the present dispute, is what steps Westchester County must take to remedy years of fraudulent filings to obtain governmental funds, and what steps will ensure that housing in Westchester County is available on a nondiscriminatory basis," he wrote in Wednesday's 18-page legal brief.

In a separate May 14 letter, Johnson also calls on Astorino to resubmit legislation he vetoed two years ago.

"That legislation would have barred discrimination against otherwise qualified renters based on the source of their income," Johnson wrote. "The county executive had a duty to promote that legislation and instead vetoed it."

County Attorney Robert Meehan filed a notice to appeal Cote's ruling on Tuesday morning. He also filed a request for a stay to Cote while the appeal is reviewed by the state Court of Appeals.

The filings cap a week of legal maneuvering, not just by the Astorino administration but by Democrats in the county legislature who tried unsuccessfully on Monday to postpone the appeal, saying they wanted time to review it.

On March 16, a special magistrate upheld Astorino's veto of legislation that would require landlords to accept government vouchers, but HUD appealed the decision. Cote's ruling overturned the magistrate's decision.