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Business & Tech

The Future of Fair Housing in Westchester- Is it Really Fair?

Fair housing in Westchester County is a hot topic. What's fair and what's not?

Rob Astorino, Westchester County Executive, has been at an impasse with the U.S. Department of Housing and Urban Development for some time. On Friday, he accused the Federal Government of overstepping its boundaries in trying to desegregate housing in our county.

Back in 2009, Westchester entered into a landmark desegregation agreement where they agreed to create housing for moderate-income people in overwhelmingly white communities and market them to minorities. Today, this description has been changed to include moderate-income housing for the workforce of the community.

During the 2009 agreement, Westchester County was then to pay over $51 million for the creation of the housing units, as well as over $7 million to the agency which filed the lawsuit.

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As real estate agents, we are expected to abide by all fair housing laws. That means we cannot discriminate against buyers or sellers based on race, religion, familial status, color, national origin, gender, age, disability, marital status, sexual orientation, military status, citizenship or domestic abuse victimization. We also cannot steer people into a community we happen to think are better “suited” for them.

The basis of the agreement Westchester County reached, however, seems to technically work against the fair housing laws we have been taught by making the people of the community discriminate against the current residents.

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Based on the fair housing laws, people find it difficult to understand how Westchester County might be discriminating and desegregating people in several of its communities. After all, the people of these communities were not limiting anyone in the protected classes from living and/or purchasing properties in the community. Several of the communities in question include Scarsdale, Rye, Bronxville, Eastchester, Larchmont and Bedford.

On Friday, Astorino discussed the nine-page rejection letter he received from HUD based on the county’s latest analysis. This is the fifth rejection the county has received. “They want us to do things that are not agreed upon,” Astorino said. “We are reaching the point to say ‘enough is enough.'”

One of HUD’s biggest issues is Astorino’s rejection of the legislation that bars landlords from rejecting potential tenants based on their use of Section 8 vouchers. These vouchers are provided by the county to people who receive rent subsidies. Many landlords in the county do not accept these vouchers, and Section 8 users often have difficult times finding landlords who are approved to receive them.

While Westchester County allows landlords to discriminate against would-be tenants who use Section 8, New York City does not. There, landlords cannot reject a tenant who uses rent subsidies, and a law makes it illegal to discriminate based on where a tenant receives their income. It seems that HUD would like to now extend this law to Westchester County.

A question often asked by many local residents is, “Do we really need Fair Housing?” After all, we already abide by fair housing laws and do not discriminate against the protected classes. If these people are not barred from living in this community, are we really discriminating against them?

Another resident who did not want to be named makes the case, “Along with the property tax cap, this is another mandate which we are obligated to now pay for. How are we supposed to create fair housing units and pay for our school system?”

Many residents concur, feeling ‘it might just be too much in an economy where budgets are being cut and deficits are rising.’”

In a county known for the highest property taxes, could the creation of affordable housing help people or hurt them? After all, these people will still have to pay property taxes, and this will happen in communities with the highest rates in the country.

Many of the communities being names in the desegregation case are actually some of the most diverse areas in Westchester. Scarsdale itself enjoys multicultural clubs and events within its neighborhoods.

And how much desirability is out there for these types of housing units? Right now, many people who are considered moderate-income are actually those having the hardest time saving money and paying bills. How will they even be able to afford these fair housing units?

Minerva Place is one of the newest low-rise developments in Westchester County to satisfy the affordable housing guidelines. Located in White Plains, the project, which was designed by Warshauer Mellusi Warshauer Architects, includes 11 two-bedroom units and 3 one-bedroom units. To qualify, families must have incomes between $73,000 and $91,000, but the builder, Community Housing Innovations, will provide up to $30,000 in down payment assistance for qualifying families from the New York State Housing Trust Fund. Out of 14 total units, 6 have sold in the last two years.

The price of a 1-bedroom unit starts at $240,000, with taxes of $3,200/year and $253 in common charges. A 2-bedroom starts at $295,000 and taxes are $3,800/year. Common charges are $311.

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