. Debev0lse ebevolse LLP James Johnson im ton 919 Third Avenue Partner New York, NY 10022 jejohnsn?debevoise.com +1212 909 6000 +1 212 909 6646 January 7, 2015 BY EMAIL AND FIRST CLASS MAIL The Honorable Robert P. Astorino County Executive Westchester County 148 Martine Avenue White Plains, New York 10601 United States ex rel. Anti-Discrimination Center of Metro New York, Inc. v. Westchester County, New York, No. 06 Civ. 2860 (DLC) Dear County Executive Astorino: I write in connection with three proposed developments in Harrison, New York, each of them discussed recently in the press: 1) a transit-oriented development in conjunction with the Metropolitan Transit Authority and AvalonBay Communities, Inc. (?Avalon Bay?) on the site of the Harrison train station parking lot; 2) a second proposed development proposed by Normandy Real Estate Partners entailing the redevelopment of an old of?ce park on Corporate Park Drive; and 3) a third proposed development proposed by John Verni (?Verni?) entailing the redevelopment of a vacant movie house. As described in the press, these developments would produce a total of 606 new homes and may very well represent the largest number of new homes of any type to be proposed in any one of the eligible municipalities since August 2009, when the County entered the Settlement. I understand that Harrison has the ability to call for the inclusion of affordable units in light of the fact that one development relies on public funding from the MTA and the other developments cannot move forward without the issuance of variances by Harrison. Pursuant to my authority under paragraphs 13(b) and 16 of the Settlement entered in the above?caption matter, please identify the number and location of affordable housing units that will be included in each development and deliver all documents re?ecting the following by January 15, 2015: All communications between the County and Harrison regarding any of the proposed developments; The Honorable Robert P. Astorino 2 CC: January 7, 2015 0 Any incentives the County has considered offering or offered to Harrison to affect Harrison?s decision to require the inclusion of affordable units in any of the proposed developments; 0 Any use by the County of the discretionary funding policy to encourage the development of affordable housing in connection with any of the proposed developments; and a All communications between the County and the AvalonBay, Normandy, Verni, or any other entity involved in any of the proposed developments regarding the inclusion of affordable housing units therein. Kevin J. Plunkett, Deputy County Executive Robert F. Meehan, Esq., County Attorney Mary J. Mahon, Special Assistant to the County Executive Michael B. Kaplowitz, Chairman, County Board of Legislators Holly M. Leicht, Regional Administrator, HUD Glenda Fussa, Esq., Deputy Regional Counsel, HUD David J. Kennedy, Assistant United States Attorney (S.D.N.Y.) Benjamin H. Torrance, Assistant United States Attorney (S.D.N.Y.) Lara K. Eshkenazi, Assistant United States Attorney (S.D.N.Y.) Ron Belmont, Town and Village of Harrison Supervisor/Mayor 1 Concerns regarding these communications become particularly acute in light of the statement by County Executive Astorino?s appointee to the MTA Board, Jonathan Bellen, who, in response to concerns about including affordable housing in the MTA development in Harrison, made the following statement: urge you to reach out to some of the officials, particularly at the County of Westchester. The topics that were covered in the oral testimony were covered with a particular point of view. There are many points of view, there is ongoing litigation, it?s an issue of national prominence, and I think we should be very careful to expand our mission absent great thought because we?re a transportation authority, we?re not a housing authority.?