Yorktown Town Hall 363 Underhill Avenue, P.O. Box 703 (914) 962-6722 Yorktown Heights, NY 10598 wower yorktownny.org April 13, 2016 Mr. James B. Johnson Debevoise & Plimpton 919 Third Avenue New York, NY 10022 Ret United States ex ref Anti-Discrimination Center of Metro New York, Ine. v. Westchester County, New York Dear Mr. Johnson: ‘Thank you for your letter of March 30, 2016 and your interest in the Town of Yorktown’s. proposed legislation to repeal our local law in regard to affordable housing. The public hearing on the proposed repeal of the affordable housing provisions of our local code is scheduled for May 3, 2016 @ 7:30 p.m. or as soon thereafter as the public may be heard at the Yorktown Town Hall located at 363 Underhill Avenue, Yorktown Heights, New York, As you may be aware, the Town of Yorktown has had an “affordable housing” law since 1988. That law provided for the creation of affordable housing through the use of density bonuses, i.e., the developer of property could request additional units of housing in consideration for creating affordable housing wits. It also included tiered preferences for eligibility and provision to provide for “affordability” in perpetuity, Notwithstanding, while the law has been in place for 28 years few developers took advantage of its provisions. Furthermore, the program proved troublesome and counterproductive to the goal of providing the relief it sought to provide for the “eligible” targeted populations, ‘rempond /Gicton Heights Hunters / Jerr Vly /Kchawan/ Mohegan Lake / Sub Osk/ Spake Lake Testown / YrKon ektorn HelghisJames J. Johnson April 13, 2016 Page 2 ‘The perpetuity of affordability provisions caused those that purchased affordable units to be trapped in the unit, ie. not being able to sell without a loss. As a result, the Town was obligated to subsidize sales or release units from the deed restrictions, In regard to the “model ordinance” which exacts fiom a developer's “as-of-tight” allowable units or Jot count a percentage of “affordable units” same is akin to a tax. No consideration is given to the developer of the “as-of-right” development for the set aside of affordable units, The model ordinance is in sharp contrast to our 1988 ordinance which gave the developer a density bonus, i.c, additional market rate units for the construction of affordable units. Furthermore, participation under the density bonus program was not by power of law but voluntary. ‘The model ordinance by requiring a certain number of units to be set aside in an “as-of- right” development without compensation or consideration is in no uncertain terms a tax or “impact fee” on the narrowly defined class of persons who are developing the threshold number of units triggering the set-aside, ‘The mode! ordinance is therefore a locally imposed tax or impact fee which the Town cannot legally impose without New York State enabling authority. Simply, the Town of Yorktown has no legal authority to impose a local tax or impact fee not authorized by law. Our Town’s experience over # 28 year time span is that although well intentioned the means sought to achieve affordability, i.e,, both the density bonus program and the model ordinance are seriously flawed and the latter not legal. Notwithstanding the foregoing, Yorktown has always sought to provide a wide range of housing options, Furthermore, our Town has been pro-active in providing affordable housing options via is underlying zoning laws which have provided and will continue to provide multi- family units that the market itself makes affordable and which allow purchasers to accumulate wealth in the long term though recapturing market created equity. If you would like to be heard, please attend our May 3, 2016 public hearing meeting,the 26 units have been built, sold and are now occupied and an a James J. Johnson April 13, 2016 Page 3 As to the number of units built under the County program, my understanding and belief is ional 10-12 are seeking approval fmnle co: Very truly Greg Bernard, Councilman Tom Diana, Couneilman Ed Lachterman, Councilman Vishnu Patel, Councilman Michael McDermott, Yorktown Town Attorney Robert F. Mechan, County Attorney, Westchester County 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 Attomey (S.D.N.Y)