United States Ex Rel. Anti-Discrimination Center of Metro New York, Inc. v. Westchester County
2013 U.S. App. LEXIS 6965
2d Cir.2013Background
- ADC sued Westchester County under FCA for false HUD claims to fund fair housing.
- Consent decree required promoting source-of-income legislation; monitor oversees compliance.
- County Executives sent letters; Board later passed and vetoed source-of-income law.
- FY2011 AI rejection led to HUD funding cut; Monitor and magistrate disputes sought review.
- District court held jurisdiction and found breach; County appeals on multiple grounds.
- Court addresses interpretation of decree, sovereignty doctrines, and constitutional challenges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction to review Monitor decision | U.S. argued district court retained review power. | County claimed no jurisdiction to review Magistrate Judge. | District court had jurisdiction to review. |
| Duty to promote source-of-income legislation breach | County breached paragraph 33(g) by inaction. | No continuing obligation beyond 2009 session. | County breached duty to promote. |
| Continuing obligation despite term limits | Obligations bind successors; cannot terminate via elections. | Term limits disable contract enforcement. | Consent decree binds successors; continuing obligation. |
| Constitutional objections (unmistakability, reserved powers, Guaranty Clause) | Doctrine limits government surrender of sovereignty, etc. | Decree illegally constrains sovereignty, veto power, etc. | No constitutional barrier altering interpretation. |
Key Cases Cited
- United States v. Awan, 607 F.3d 306 (2d Cir. 2010) (promote includes bringing into being)
- Doe v. Pataki, 481 F.3d 69 (2d Cir. 2007) (contract interpretation in consent decrees)
- Barcia v. Sitkin, 367 F.3d 87 (2d Cir. 2004) (consent decree binding on successors)
- Davis v. N.Y.C. Hous. Auth., 278 F.3d 64 (2d Cir. 2002) (de novo review of consent decree interpretations)
- Winstar Corp., 518 U.S. 839 (1996) (unmistakability doctrine and sovereign power)
- Frew ex rel. Frew v. Hawkins, 540 U.S. 431 (2004) (enforcement of consent decrees; Eleventh Amendment context)