ADC statement on Monitor's April 25, 2011 report to the Court

April 26, 2011 — Six months having past since the filing of his last report, the Monitor last night submitted another one to the Court.

Unfortunately, the Monitor has once again closed his eyes to Westchester’s persistent refusal to accept even the principles of the Consent Decree — let alone comply with the obligations set forth in the Decree.

Indeed, the Monitor — who serves at the pleasure of HUD — continues to unilaterally refuse to comply with his own non-discretionary obligation to specify an Implementation Plan in the face of the County’s failure (more than a year ago) to have submitted an adequate one.

Instead, he continues to collaborate with Westchester’s effort to see that substantial portions of the County’s unit-specific obligations do not involve challenging and overcoming zoning barriers.

Ultimately, the Court — whose assistance has unaccountably not been sought by either the Monitor or the federal government at any point during the more than 20 months of Westchester non-compliance — will be obliged to play an active role if the letter and spirit of the Consent Decree are to be vindicated.

We are confident that Judge Cote would not and will not tolerate the conduct of any party or person that makes a mockery of her Order, and that she will demand accountability when presented with all the facts — something she has been consistently deprived of thus far.

ADC is currently gathering and synthesizing the relevant information, and will bring that information to the Court’s attention later this Spring.