Debevoise Santrintntin poe sn &Plimpton New York,NY 10022 |ejohnsna@debevoise.com +1232809 6000 112129096646 March 30, 2016 BY FIRST CLASS MAIL AND E-MAIL, Michael Grace ‘Town Supervisor 363 Underhill Avenue Yorktown Heights, NY 10598 United States ex ref Anti-Diserimination Center of Metro New York, Inc, v. ‘Westchester County, New York Dear Mr. Grace: As you know, Iam the court-approved Monitor of the affordable housing settlement between the U.S. Department of Justice, the U.S. Department of Housing and Urban Development, and Westchester County in the above-titled action. I write to inquire about the status of Yorktown’ codified zoning regulations. I understand that in late 2011, the Town of Yorktown enacted new zoning provisions. These provisions, in large part, reflected the Model Ordinance included in the Westchester County Fair and Affordable Housing Implementation Plan provided to the Yorktown government in 2010. As I described more fully in a letter to you dated November 15, 2015, HUD and Michael B. Kaplowitz, the Chair of the County Board of Legislators, have asked me to prepare a report on the County’s behalf (called an Analysis of Impediments, or AI) analyzing impediments to fair housing, including barriers imposed by local zoning regulations. Since then, I have prepared two such reports: a Berenson report, which analyzed zoning regulations under the prevailing New York legal standard, anda Huntington report, which did the same under the federal legal standard. Under the recommendations of the DOJ and HUD, | am currently in the process of revising my Huntington analysis. When I published my initial reports in 2013 and 2014, I concluded that Yorktown’s zoning laws were not exclusionary under either the Berenson or Huntington standard, Indeed, in the Berenson report I specifically noted that Yorktown “has an exemplary zoning code in terms of providing opportunities for affordable housing.” That result was due in no small part to Yorktown’s 2011 adoption of the Model Ordinance. ww.debevoise comMichael Grace 2 March 30, 2016 I would appreciate answers to the following questions: 1. What is the status of the pending local law, dated March 11, 2016, proposing to “repeal in its entirety Chapter 102 of the Code of the Town of Yorktown entitled ‘AFFORDABLE HOUSING?” 2. Have any affordable housing units been built in Yorktown since the date of the Settlement (2009)? Please respond to these questions by Wednesday, April 6, 2015. As always, Iam available to discuss by phone (212-909-6646) or email (jejohnson@debevoise.com) if you have any questions or concerns, Very truly yours, James E, Johnson ce: Greg Bernard, Councilman Yom Diana, Councilman Ed Lachterman, Councilman Vishnu Patel, Councilman Glenda Fussa, Deputy Regional Counsel, HUD David J. Kennedy, Assistant United States Attorney (S.D.N.Y.) Lara K. Eshkenazi, Assistant United States Attorney (S.D.N.Y.) Benjamin H. Torrance, Assistant United States Attorney (S.D.N.Y.)