Westchester County appeals federal housing mandate

Westchester County on Tuesday filed an appeal to a ruling by a federal judge ordering County Executive Rob Astorino to reintroduce legislation that would require landlords to accept government vouchers as payment for rent.

On Monday, Democrats on the county Legislature tried to delay the appeal, saying they needed more time to review Manhattan Judge Denise Cote's May 3 ruling that Astorino is "failing to comply" with the terms of a 2009 settlement with the U.S. Department of Housing and Urban Development, a settlement that stems from a discrimination lawsuit.

"We should give ourselves time to get on the same page," Board of Legislators Chairman Ken Jenkins, a Yonkers Democrat, said at Monday's Board of Legislators meeting after floating the idea of postponing the county's appeal for a week.

County Attorney Robert Meehan told lawmakers that the Astorino administration -- which disagrees with Cote's ruling -- must either comply with the decision or appeal it to avoid possible contempt of court.

"We have to appeal," said Meehan, who represents the county's executive and legislative branches. "We have a court order. We have to comply. If that doesn't happen, there are potential consequences for the county and taxpayers."

Cote's ruling was the latest twist in the legal maneuverings. 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 edict. Now the county wants to take the issue to the state Court of Appeals.

Astorino, a Republican, argues that the county is fulfilling the terms of the settlement -- with 196 of the required housing units already financed -- but argues that HUD is overreaching its authority by requiring that property owners take vouchers for housing and that the county dismantle exclusionary zoning laws in its towns and villages.

HUD officials have withheld about $12 million since last year in affordable housing funds in response to his stance.