Fact Sheet on Key Elements of the Settlement

Westchester Case

Fact Sheet on Key Elements of the Settlement Achieved in the Wake of the Court Granting ADC partial summary judgment against Westchester County


Development of affordable housing to create opportunities to overcome residential segregation

  • County required to spend $51.6 million to develop at least 750 units of affordable housing for working families.

  • At least 84% of units must be in municipalities with an African-American population of less than 3% and a Latino population of less than 7%.

  • County adopts as policy the recognition that “the location of affordable housing is central to fulfilling the commitment to AFFH because it determines whether such housing will reduce or perpetuate residential segregation.”

  • Westchester required as part of implementation plan to assess the means by which the County can maximize the development of affordable housing that affirmatively further fair housing “in the eligible municipalities and census blocks with the lowest concentrations of African American and Hispanic residents.”

  • Affordable housing units to be affirmatively marketed throughout the metropolitan area


Recognizing need to combat residential segregation

  • Adopting a policy recognizing that affirmatively furthering fair housing “significantly advances the public interest of the County and the municipalities therein.”

  • Adopting a policy to eliminate de facto residential segregation in the County.


Confronting municipal resistance to affordable housing development

  • Westchester finally acknowledges its authority to develop affordable housing despite local zoning restrictions and other municipally-created barriers.

  • Westchester obligated to take legal action against resistant municipalities where needed to fulfill the affirmatively furthering fair housing purposes of the settlement.

  • Municipal “right of first refusal” on land purchases for affirmatively furthering fair housing must be eliminated.

  • Westchester to condition, as appropriate, the availability County funds and resources to those municipalities that agree to cooperate with a pro- affirmatively furthering set of policies.


Further analysis and action to identify and overcome barriers to fair housing choice

  • Westchester must conduct an analysis of impediments to fair housing choice that specifically looks at impediments based on race or municipal resistance.

  • Westchester must take the actions necessary to overcome those impediments to fair housing choice (in other words, the “action” requirement is not limited to the specific units of housing being developed pursuant to the settlement, but encompasses action necessary to overcome all impediments to fair housing choice that exist in the County).


Strict oversight of County’s performance of its obligations

  • Independent Monitor to be appointed to ensure that County meets its obligations under the settlement agreement.

  • Court to retain jurisdiction of case to enforce the terms of the settlement agreement.

  • Penalties established for non-compliance



  • $7.5 million to Center (required by False Claims Act to encourage private attorneys general to uncover fraud against the federal government).

  • $2.5 million in attorney’s fees to Center’s counsel, Relman & Dane.

  • $900,000 to federal government (administrative expenses).

  • County to explore means by which to create revolving fund to increase number of affordable housing units to be built.