[Added 6-11-2007 by L.L. No. 2-2007]
Editor's Note: This local law was originally specified to be added as Art. VII but was renumbered to accommodate already codified legislation.
It is the intent and purpose of the Town of Haverstraw to increase the number of affordable housing units available to qualifying-income families as defined in § 167-3.
No less than 10% of the base number of permitted units in any new residential project in the Planned Development District (PDD) shall be affordable housing units.
Affordable condominium units must meet the following standards:
All affordable housing units shall be physically integrated and interspersed into the design of the development. The exterior finishes for affordable condominium units shall be indistinguishable from all other units. The developer may, however, substitute different appliances, fixtures and interior hardware where such substitutions would not adversely impact the livability of the unit.
Affordable housing units of a particular type (i.e., condominium, townhouse, single-family house) shall have no less than 65% of the square footage of the average market rate units of the same type and for the same number of bedrooms but in no event shall an affordable housing unit be less than 800 square feet.
The landowner and developer must agree to file and have recorded a restrictive covenant in the County Clerk's office at the time of subdivision identifying the units which are affordable housing units; and restricting their future sales price and rental price under the provisions of this section. The declaration shall include a provision requiring that every deed for an affordable housing unit shall include the following paragraph to inform all future sellers and buyers that this unit is an affordable housing unit subject to the provisions of this section:
To be eligible to purchase or rent an affordable housing unit, the household's aggregate annual income must be no more than 110% of the Rockland County median family income as determined annually by the Rockland County Planning Department.
The Town Board of the Town of Haverstraw shall select the owners and/or tenants of the affordable housing units. A waiting list for prospective purchasers or tenants shall be maintained by the Town. Selection of original owners, owners or tenants on resale for all dwelling units shall be based upon the following priorities:
Residents of the Town of Haverstraw in the following order of priority:
In the event that the Town does not select a qualified owner/tenant for the initial sale or resale of an affordable housing unit within 60 days of notice of the availability for sale of the unit, the owner of such unit shall notify the Town in writing of same and the Town shall thereupon have an additional 30 days to select a qualified owner/tenant, in which case the Town may, if there are no qualified owners/tenants from among Town residents, qualify an owner/tenant from among residents of Rockland County based upon the following criteria: 1) cumulative length of County residency; 2) by income, with lower income having priority; 3) if items 1) and 2) are the same, then by date of application; and 4) if items 1), 2) and 3) are the same, by lottery; failing which, the owner of such unit shall be permitted to sell it at full market price and such unit shall thereafter not be subject to this article.
Maximum initial sale price shall not exceed 3.3 times 110% of the Rockland County median family income as determined annually by the Rockland County Planning Department.
Maximum monthly rent shall be set by resolution of the Town Board, as amended from time to time, after review of relevant information that may be provided by federal and state affordable housing agencies as well as developers. The rent shall not exceed 30% of the income for a qualifying-income household.
The Town Board shall act as the Affordable Housing Review Department unless it designates such additional person(s), authorities and procedures as necessary to monitor compliance with the provisions of this article. The Town Board may serve, establish or designate an administrative department or board to serve as an Affordable Housing Review Agency. The Affordable Housing Review Agency ("Agency") shall have the following responsibilities:
The Agency shall be responsible for the administration of affordable housing units pursuant to the provisions of this article.
Prior to the initial offering of each affordable housing unit, the Agency shall notify the owner or manager of each development containing affordable housing units as to the maximum price and income eligibility requirements for each unit.
The owner and/or manager, as appropriate, shall annually certify to the satisfaction of the Agency that the affordable housing units have been assigned to qualifying-income households. Annual certification shall include the address of the affordable housing units, the name of the occupant, copies of all deeds, leases, and/or other documents needed to demonstrate the purchase price or rental amount, and for rentals, the occupant(s)' tax returns and signature(s).
The Agency shall promulgate and maintain information and documentation relative to all affordable housing units; the number thereof available for sale or lease at all times; the sale price and monthly rent; and the names and addresses of eligible qualifying-income households to purchase or lease same, together with a priority list of such households. The Agency shall maintain such other records and documents as shall be required to properly administer the provisions of this article.
Whenever the Building Inspector shall receive an application for and/or issue a building permit, a certificate of occupancy or any other permit or authorization affecting an affordable housing unit, a copy thereof shall be filed with the Agency.
Any covenant, restriction or other encumbrance to be placed only on an affordable housing unit must be approved by the Town Board.
No lease term for an affordable housing unit shall exceed two years. Notwithstanding this restriction, a lessee still eligible to rent an affordable housing unit may renew a lease term. If a household's aggregate annual income increases beyond the maximum to allow eligibility for the affordable housing unit, the household may continue to occupy that rental unit for up to one year after the expiration of its current lease, with the household paying 30% of income toward rent. No further lease renewal will be permitted for that household if its aggregate annual income continues to exceed the maximum income eligibility guidelines at the end of the one-year lease renewal.
Any applicant for an affordable housing unit aggrieved by a determination by the Agency shall have the right to appeal such determination to the Town Board.
Affordable housing units for qualifying-income households may be resold only to eligible qualifying-income households selected by the Town Board as set forth in § 167-44.
The owner of an affordable housing unit shall notify the Agency of the intent to sell. Should the Town fail to select a qualified owner/tenant for the unit within 60 days of notice, the owner of the affordable unit shall notify the Town in writing of same and the Town shall thereupon have an additional 30 days to select a qualified owner/tenant, failing which the owner of such unit is permitted to sell the unit at market rate and such unit shall thereafter not be subject to this article.
The maximum resale price may not exceed 3.3 times 110% of the Rockland County median family income as determined annually by the Rockland County Planning Department.
The Town Assessor shall consider the limited resale value of affordable housing units in determining the appropriate assessment on such units.
All of the provisions of the Code of the Town of Haverstraw not inconsistent or in conflict with the provisions of this article shall be applicable to all affordable housing.
The Town shall have the authority to enforce the provisions of this chapter, including the imposition of civil penalties equal to the difference in permitted selling price and/or rental and the sale price and/or rental received by the unit owner, plus the Town's costs, including attorney's fees for enforcement of this chapter and/or seeking and obtaining injunctive relief.