by Cindy Goldstein -
A legal memo from the Village Attorney to the Board of Trustees (BOT) posted to the Village website as backup for the November 12th Work Session gives his very clear legal recommendation – terminate negotiations with Westhab/Washingtonville Housing Alliance (WHA) for the development of affordable housing at the Hunter Tier Parking Lot. See memo HERE.
Discussions Must Be In Public
Attorney Robert Spolzino points out that the negotiations no longer qualify under law to be discussed in executive session as the majority of the BOT has accepted the amount Westhab/WHA has offered the Village for the project. Since the value of the property is no longer being negotiated, by law the matter must be discussed in public. The legal memo, dated November 8, 2024, is not marked “confidential” and includes 130 pages of backup.
The Question of Preferences for Village Residents
Based on this memo, it appears that Westhab/WHA initiated a meeting with an NYS affordable housing official who has stated that it might be possible for the project to give preference to current Village residents and former residents who have been displaced by flooding.
Spolzino goes on to outline that Westhab/WHA will not agree to the Village having the right to terminate the contract if a legal challenge to the preference program is commenced. Instead, they appear to have agreed to defend and indemnify the Village in any lawsuit that might be brought.
Significant Litigation Risk
Spolzino describes that “the risk of litigation over the preference is real” and that “there is no judicial authority holding that such a program can pass muster under the Fair Housing Act.” A local preference has been a sticking point for many residents who believe that local residents should get the first chance for the affordable units which would also be subject to other limitations (e.g., income, family size, etc.).
Violation of Fiduciary Duty?
Another troubling development is that it appears that two members of the BOT have had independent conversations with Westhab/WHA representatives despite being instructed by Spolzino not to do so. Spolzino goes on to outline the facts that lead him to that conclusion. The two BOT members are not specifically named in the memo but three trustees – Rawlings, Yizar-Reid and Young – were the only members of the Board who voted in favor of Westhab/WHA as the preferred provider. Mayor Sharon Torres and Trustee Nora Lucas did not vote in favor of awarding the project to them in part because of the potential conflicts of interest that arose when a trove of emails was made public. See previous article HERE.
The Tuesday November 12th Work Session begins at 5:15 pm in the Village Court Room.
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