Request for an AFFH Legal Defense Fund

The following is a script presented to the Douglas County, CO, Board of Commissioners requesting an AFFH Legal Defense Fund.

February 16, 2016

Request an AFFH Legal Defense Fund
Douglas County, CO, Board of Commissioners
Business Meeting
Citizen Comments

Smith Young, Presenter

Parker, CO

Because of HUD’s new AFFH rule Douglas County is now much more vulnerable to legal actions by HUD, third parties, Civil Rights groups, and other pseudo government entities. For this reason, we who are opposed to the AFFH rule believe it is reasonable to proactively establish an AFFH legal defense fund. First, the fund will alert prospective prosecutors that Douglas County is not defenseless and encourage them to move on to easier targets. Secondly, and most importantly, a defense fund would limit the intimidation the federal government can bring to bear on a community, put in a compromising position without preparation and dependent on grants after entering into legally binding AFFH agreements.

Benjamin Franklin said that wise men learn from the mistakes of others (actually “Wise men learn by other’s harms, Fools by their own.”) The following is a relevant summary of what is occurring in Rockford, IL, and illustrates HUD’s new AFFH empowerment with AFFH and the need for a legal defense fund. Only the sequential history of headlines published is being presented. Please refer to the article “HUD’s heavy hand reported and now a legal battle in Court in Rockford, IL” at http://wp.me/p6y1jc-lw for a full accounting of this oppressive story.

1. Rockford Housing Authority buys land off Rockford’s East State Street for housing, May 15, 2015
2. Gorman wants to reshape plans for housing on New Towne Drive in Rockford, J 14, 2015

“HUD has made it very clear that we don’t have the choice as a municipality to do nothing. This is the direction the country is going and we are at ground zero,” Rockford Mayor Larry Morrissey said

3. (Exhibit, see HUD letter: New Towne Development 08-03-2015 Civil Rights Concerns)
4. HUD voices concern over fair housing access in Rockford, Aug. 12, 2015
5. HUD To Rockford City Council Accept Next Housing Project Proposal Or Else, Sep. 01, 2015
6. (Exhibit, see HUD letter: Rockford, IL Civil Rights Compliance Review, 11-12-2015)
7. Rockford aldermen may lawyer up for New Towne investigation, Dec. 14, 2015
8. Gorman files lawsuit against Rockford over New Towne plat delay, Jan. 12, 2016
9. Rockford City Council votes 7-5 to approve New Towne affordable housing plat, Jan. 19, 2016
10. Rockford City Council rejects Fairgrounds housing plan, federal grant, Posted Jan. 20, 2016

We understand that there’s currently a Douglas County budget surplus due to recent increases in the assessed value of homes. If possible, and if not legally restricted, it seems reasonable to consider transferring funds from the reserve account; neither of which would be designated for any immediate expenditure. (Please note that such a transfer is pragmatic at this time only because unlike other Colorado counties, Douglas County is effectively debt free thanks to the Boards conservative execution of its budgeting responsibility.)