[Added 6-11-2007 by L.L. No. 2-2007[1]]
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:
A.
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.
B.
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.
C.
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:
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"This dwelling has been constructed for use
by qualifying-income families pursuant to a special program under
the Town of Haverstraw Code. Its future sale (including resale) or
rental must be to persons, as selected by the Town, who qualify with
the income requirements, and at a price in accordance with the program.
Any sale or rental not in conformity with these requirements shall
be voidable."
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A.
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.
B.
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:
(1)
Residents of the Town of Haverstraw in the following
order of priority:
C.
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:
A.
The Agency shall be responsible for the administration
of affordable housing units pursuant to the provisions of this article.
B.
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.
C.
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).
D.
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.
E.
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.
F.
Any covenant, restriction or other encumbrance to
be placed only on an affordable housing unit must be approved by the
Town Board.
G.
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.
H.
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.
A.
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.
B.
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.
C.
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.
