[HISTORY: Adopted by the Town Board of the Town of New Castle 7-28-1981 by L.L. No. 8-1981. Amendments noted where applicable.]
The purpose of this chapter is to provide control and administration of occupancy of density bonus apartments created under the multifamily portion of Chapter 60, Zoning, for special population categories.
The Town Board hereby establishes a Town Housing Agency, which shall be responsible for the administration of the requirements in the Town Code with regard to those apartments designated or restricted in a multifamily development as a result of granting of density incentives for low or moderate income occupancy, senior citizen occupancy, handicapped occupancy or rental occupancy, as well as for the promulgation of such rules and regulations as may be necessary to implement such requirements. Until the establishment of such an agency, the Housing Advisory Committee appointed by the Town Board shall be considered empowered to exercise all the functions of such agency.
The Agency shall consist of five members, who shall be residents of the Town of New Castle. They shall serve without compensation and shall be appointed by the Town Board of the Town of New Castle to serve for a term of five years or until their successors are appointed, with no more than two terms expiring in any one year.
Vacancies in such Agency shall be filled by appointment by the Town Board in the same manner as original appointments and, where occurring otherwise than by expiration of term, shall be for the unexpired term of office.
The Town Board shall appoint one of the members of said Agency as its Chairman, who shall serve for a term of one year from his appointment or until his successor is appointed, whichever is later.
The Chairman shall be the executive officer of the Agency. He shall preside at meetings of the Agency. He may appoint committees, with Agency approval, with such duties as he may lawfully prescribe.
The Agency shall hold at least three regular meetings each year and at such other times as the Chairman may deem necessary, which meetings shall be open to the public.
The Agency shall take and keep in a proper book true and correct minutes of all meetings, and copies shall be filed with the Town Clerk. Each member shall be notified of the time and place of all meetings at least five days in advance, whenever reasonably practical.
Upon receipt of an application for the issuance of a certificate of occupancy for any apartment which is located in a development for which density incentives have been granted for low- or moderate-income housing apartments or at such earlier time as may be requested by the developer, but not prior to the issuance of a building permit, the Building Inspector shall send a copy of such application to the Town Housing Agency, which shall then inform the owner, within 30 days, of the maximum rental or sales charge which may be established for any low- or moderate-income apartment designated in the development and the maximum annual gross family income for eligibility for occupancy of said apartment.
No certificate of occupancy may be issued by the Building Inspector on such a development until the Agency has notified the owner of such maximum rental or sales charges.
The Agency shall certify as to the eligibility of all applicants for rental or sales of low- or moderate-income apartments and shall annually reexamine or cause to be reexamined each occupant family's eligibility. An owner shall lease or sell apartment only to a person who has received a certificate of eligibility issued by the Agency. Violations of this provision shall constitute grounds for revocation of a certificate of occupancy.
On or before March 31 of each year thereafter, the Town Housing Agency shall notify the owner or manager of each multifamily development containing low- or moderate-income density incentive apartments and the owner of all such apartments of the rent, sales and income eligibility requirements for such apartments based upon figures derived from the preceding calendar year.
The owner or manager of such multifamily development and owner of each such apartment shall certify to the Town Housing Agency on or before May 31 of each year that the current occupancy of all density incentive apartments complies in all respects with the terms of this chapter.
Continued eligibility. Applicants for low- or moderate-income rental apartments referred to in this section shall, if eligible and if selected for occupancy by the owner or manager of the development, sign leases for a term of not more than two years.
As long as a resident remains eligible and has complied with the terms of the lease, said resident shall be offered a two-year renewal of the lease. If a resident's annual gross income should subsequently exceed by more than 20% the maximum then allowable, as defined in § 60-210 of Chapter 60, Zoning, and if there is at that time an otherwise eligible applicant within one of the categories, said resident may complete his current lease term and shall be offered a non-low- or moderate-rental apartment available in the development at the termination of such lease, if available. If no such apartment shall be available at said time, the resident may be allowed to sign one additional year lease for the low- or moderate-income apartment he occupies, but shall not be offered a renewal of the lease beyond the expiration of said additional year.
In the case of owner-occupied low- or moderate-income apartments, the title to said property shall be restricted so that in the event of any resale by the home buyer or any successor, the resale price shall not exceed the then maximum sales price for said apartment, as determined in accordance with Subsection F, Continued eligibility, above or the sum of the following, whichever is greater:
The developer or owner of a project for which senior citizens or handicapped density incentive apartments have been granted shall transmit to the town (before issuance of a certificate of occupancy) the following data with reference to all such density incentive dwelling apartments in a development in sufficient detail for identification of each apartment: building number; apartment designation; tax lot number; approximate square foot area; location; number of rooms; the portions of the common elements to which the apartment has immediate access or the right to exclusive use; and the percentage of interest in the common elements.
Each of the senior citizen or handicapped apartments shall be offered for sale or lease to qualified senior citizens or handicapped persons, as the case may be, for a period of 60 days from the date that the developer files in the office of the Town Clerk of the Town of New Castle a certificate or letter informing the town that the Attorney General of the State of New York has authorized the sponsor to offer the apartments for sale or that they are ready to be offered for rent, except, if the developer lowers the offering price or rental amount of any of the senior citizen or handicapped apartments, then, with respect to those apartments only, the developer shall file a second certificate in the office of the Town Clerk setting forth such lower price or rental, and the new starting date shall be the date of this second filing. Upon the expiration of the sixty-day period, any unsold or unrented senior citizen or handicapped apartment may be offered for sale or lease by the developer to any person, whether or not he or she is a qualified senior citizen or handicapped person, and the Town Clerk shall, at the request of the developer, issue a certificate stating that the developer had complied with these provisions by setting forth the applicable offering date and terms with respect to any or all of the senior citizen and handicapped apartments. The same procedure is to be followed thereafter if the developer or subsequent owner desires to further lower the selling price of the apartment or offer more favorable terms.
Each apartment described herein as a "senior citizen apartment" or "handicapped person apartment," whether or not initially or hereafter sold or leased to a qualified senior citizen or handicapped person, shall be and and remain a senior citizen or handicapped person apartment as the case may be and shall be subject to the following restrictions upon its resale or rental.
At such time as the owner of a senior citizen or handicapped apartment desires to sell or lease his or her apartment, the owner shall file a written notice in the office of the Town Clerk. The notice shall state the name of the apartment owner, a description of the apartment, the selling price of the apartment, the terms of sale, the proposed closing date or the lease terms, in the case of a rental, and the name, the telephone number and the address of the person prospective purchasers or tenants should contact.
The owner of a senior citizen or handicapped apartment may sell or lease such apartment only to a qualified senior citizen or handicapped person for a period of 30 days after the filing of the notice in the office of the Town Clerk. After the expiration of the thirty-day period, the owner may sell or lease his or her apartment to any purchaser or tenant at a price and on terms or at a rental no less favorable than those contained in the notice, and the Town Clerk shall, at the request of the owner, issue a certificate stating that the owner had complied with these provisions by setting forth the applicable offering date and terms with respect to any or all of the senior citizen and handicapped apartments.
If the owner desires to lower the selling price or rent of the apartment or offer more favorable terms than those set forth in the notice, he or she shall file a second notice in the office of the Town Clerk stating the new, more favorable price and terms of sale or rental, as the case may be. For a period of 30 days after the filing of the second notice, the apartment owner may sell or lease such apartment only to a qualified senior citizen or handicapped person at a price or rent and on terms no less favorable than those contained in the second notice. After the expiration of the thirty-day period, the owner may sell or lease his or her apartment to any purchaser or tenant at a price and on terms, or at a rental no less favorable than those contained in the notice, and the Town Clerk shall, at the request of the owner, issue a certificate stating that the owner has complied with these provisions by setting forth the applicable offering date and terms with respect to any or all of the senior citizen apartments and handicapped apartments. The same procedure is to be followed thereafter if the owner desires to further lower the selling price or rent of the apartment or offer more favorable terms.
The senior citizen and handicapped apartments shall be encumbered by the foregoing restrictions upon the initial sale of each such apartment and upon the resale or rental of each such apartment whether or not such apartments are sold or leased to qualified senior citizens or handicapped persons unless such restrictions are removed by a resolution of the Town Board of the Town of New Castle and a declaration is filed in the office of the County Clerk of Westchester County, Division of Land Records.
Nothing contained in this § 10-5 shall be deemed to supersede the power of attorney granted by each apartment owner to the Board of Managers of any condominium. If the Board of Managers acquires title to or leases any senior citizen or handicapped apartment, it shall be bound by this restriction in the further resale or rental of any such apartment.
The provisions of this § 10-5 to the contrary notwithstanding:
An apartment owner may transfer his or her apartment to his or her spouse without having to follow the notice procedure set forth above.
An apartment owner may transfer his or her apartment to his or her children or to any one or more of them without having to follow the notice procedures set forth above, provided that the apartment continues to be occupied by a qualified senior citizen or handicapped person, as the case may be, and provided that within 30 days after the apartment is no longer occupied by a qualified senior citizen or handicapped person it shall be offered in the manner described in § 10-5C(3).
An apartment owner may devise his or her apartment by will or have it pass by intestacy, but, unless the apartment continues to be occupied by the apartment owner's spouse or by a qualified senior citizen or handicapped person, it shall be offered for sale in the manner described in § 10-5C(3) within three months after the date of the appointment of a personal representative of the deceased apartment owner.
The notice procedures set forth above shall not apply if an apartment becomes the subject of a foreclosure, judgment or lien sale.
The density incentive apartments shall be physically integrated into the design of the development in a manner satisfactory to the Planning Board and shall be distributed among efficiency, one-, two-, three- or four-bedroom apartments in the same proportion as all other apartments in the development, unless a different proportion is approved by the Planning Board as being better related to the housing needs, current or projected, of the Town of New Castle. The Planning Board shall refer all development proposals which include proposed density incentive apartments to the Town Housing Agency for report at least 30 days prior to taking any formal action with respect to the approval or disapproval of such density incentive apartments.
The encumbrance on the density incentive apartments shall be taken into consideration by the Town Assessor in determining the full value basis for assessments on such units.
All certificates of occupancy issued for apartments which have been designated as density incentive apartments for low- or moderate-income families, senior citizens or handicapped persons shall be endorsed with a notation that occupancy of such apartments is conditioned upon continued compliance with the provisions of this chapter, Chapter 60, Zoning, and all regulations issued thereunder.