The Westchester County Housing Settlement breaks new ground in the fight against racially segregated housing in Westchester and radically changes the County’s role in land use. The following are Frequently Asked Questions about the 39-page settlement and how it affects Tarrytown, Sleepy Hollow and Irvington.

Was the lawsuit brought based on racial segregation?

No. The Anti-Discrimination Center of Metro New York brought a “False Claims” case against Westchester County based on a Civil War-era statute. The so-called “Lincoln Law” is intended to prevent fraud against the taxpayers of the United States by making sure that federal contractors do what they have contracted to do. Whistleblowers may act as “private attorneys general” on behalf of the United States. The lawsuit alleged that Westchester County fraudulently obtained over $50 million from the Department of Housing and Urban Development for affordable housing and municipal improvements.

What was the nature of the false claims?

As part of its obligation to be eligible to receive $51.6 million in federal money between 2000 and 2006, the County had to certify that it had “affirmatively furthered fair housing” and would do so in the future. This certification should have been based on an analysis of “impediments to fair housing choice based on race or municipal resistance.” The Anti-Discrimination Center alleged that the County failed to do any of these things when it came to barriers based on race or municipal resistance. The County took the position that inadequate income, not race, was the major impediment to fair housing choice. Based on the law, each time the County took the federal money, its certification violated the act and constituted a false claim against the government.

What does the settlement require from Westchester County?

The settlement commits the County to ending residential racial segregation in the County. On a unit-specific-level, it requires the County to spend $51.6 million to develop 750 units of affordable housing. At least 630 homes must be located in the 31 most segregated towns and villages-—Irvington among them—as well as up to 120 in villages and towns with less pronounced segregation. While Sleepy Hollow, with its 45% Hispanic population, is not subject to the Settlement, some of the affordable housing could be located in less-segregated areas like Tarrytown. But at least 175 units must be developed in the most segregated areas before even one unit developed in Tarrytown could be counted towards the County’s obligation. For decades, the County has claimed that it was powerless to compel the development of affordable housing, citing Home Rule. For the first time, the Settlement Order -- compliance with which will be overseen by the federal court – requires the County to acknowledge that it does have the authority to act to override exclusionary zoning when such zoning interferes in the broad public interest in the creation of affordable housing, especially when such housing is designed to help end residential segregation.

Why didn’t the County fight the lawsuit at trial?

The County decided to settle rather than risk trial because Federal District Judge Denise Cote ruled in a partial summary judgment that the County “utterly failed” to meet its “affirmatively furthering” fair housing obligations during the lawsuit period covering 2000-2006. She further determined that each and every certification that Westchester County signed to receive the federal funding was “false or fraudulent.” The County faced potential treble damages liability that could have cost $150 million.

How significant will be the impact of the development required by the settlement?

While the Settlement commits the County to sue municipalities, if necessary, to overcome opposition to the affordable units, the pace of development is no more than between 100 and 150 units per year for seven years. Most observers see little impact in a County with 350,000 units and 120,000 acres in the 31 most segregated towns and villages.

How does the Settlement Define “Affordable Housing?”

The Settlement commits the County to develop at least 50% of the units as rentals for households with annual income under $63,000 for a family of four. The rest may be for-sale units to households with incomes up to about $85,000. Ten percent of the total units must be rentals to very low-income households of up to about $52,000 (family of four).

Where is Westchester County now in the Settlement Process?

The U.S. Court’s order attached to the Settlement requires the County to develop a blueprint by the end of the year with “specificity” on how it plans to implement development of the units (the “implementation plan”). Once the election is over, watch for intensive meetings by the County Executive, Board of Legislators and stakeholders.

Alexander H. Roberts is a member of the Tarrytown Moderate Income Housing Board