County of Westchester v US Department of Housing and Urban Development, 2015 WL 5616304 (2nd Cir.) was a challenge under the Federal Administrative Procedures Act by Plaintiff County against the Department of Housing and Urban Development (“HUD”), a federal agency that could dispense housing funds under the Community Planning and Development Formula Grant Programs, but did so under certain conditions. This challenge was the culmination of litigation begun in 2006 by the Anti-Discrimination Center of Metro New York, which brought a Qui Tam case against Plaintiff, alleging that it had falsely certified its housing program to receive federal housing funds from 2001-06 by falsely setting out an “analysis of impediments” to fair housing (“AI”) and develop strategies to overcome the same, both of which actions are required by federal law.
Over the last two years, I have been speaking locally and around the country about affordable housing. My focus has been on the exploration of affirmatively furthering fair housing and disparate impact, through analysis of case law development. One of the themes that has become clear is the need to look at housing as part of our infrastructure. The way to plan for equitable neighborhoods is to plan for affordable housing in neighborhoods with access to good schools, grocery stores with fresh fruits and vegetables, quality public transit, and job opportunities.
We regularly update clients about changes in real estate law and on industry trends. This includes briefing clients on legislative proposals in the federal tax, housing and other legal areas affecting their businesses. Staying current enables you to anticipate and prevent legal problems as well as capitalize on new developments.