The need to create housing that is affordable to families and
individuals with low/moderate incomes has been recognized by the Town
of Somers. The Town is committed to implementing the means to encourage
the development of such housing. The purpose of this article is to
increase the range of housing opportunities throughout the Town.
Affordable dwelling units shall be physically integrated into
the design of each development in a manner satisfactory to the Planning
Board and shall be distributed among efficiency, one-, two-, three-
or four-bedroom units in the same proportion as all other units 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 Somers.
The following occupancy limitations shall apply to affordable
dwelling units:
Number of Bedrooms
|
Min. Number of Persons
|
Max. Number of Persons
|
---|
Efficiency
|
1
|
1
|
1
|
1
|
2
|
2
|
2
|
4
|
3
|
3
|
6
|
4
|
4
|
8
|
"For sale" affordable dwelling units shall not be resold for
more than the amount that, at the then-prevailing interest rates,
will result in the unit cost meeting the affordability standards as
set forth annually for Westchester County by the Department of Housing
and Urban Development (HUD). For homeownership developments, affordability
is based on the projected mortgage for which a family with a maximum
income at 80% AMI can qualify, plus housing costs. Housing costs to
be included in the calculation for the sales price include the expected
principal and interest on the mortgage loan, property taxes, homeowners
insurance (PITI) and any common charges, homeowners' association fees
and/or maintenance fees. For purposes of determining affordability,
payment of principal and interest shall be calculated on the basis
of 95% of the sale price. All resales shall be to buyers qualified
by the homeowners' association, condominium or cooperative board,
as applicable, and certified as qualified to the Town Board or its
designee.
The maximum permissible rent for affordable rental dwelling
units shall be as follows:
Size of Dwelling Unit
|
Max. Permitted Annual Rental
|
---|
Efficiency
|
30% of 80% of Westchester County median income for a one-person
household
|
1-bedroom
|
30% of 80% of Westchester County median income for the average
of a one- and two-person household
|
2-bedroom
|
30% of 80% of Westchester County median income for a three-person
household
|
3-bedroom
|
30% of 80% of Westchester County median income for the average
of a four- and five-person household
|
4-bedroom
|
30% of 80% of Westchester County median income for a six-person
household
|
A. The Westchester County area median incomes upon which eligibility
is based is published by the Department of Housing and Urban Development
(HUD) on an annual basis for Westchester County and may be adjusted
accordingly.
B. With respect to such affordable rental dwelling units, the landlord
shall certify to the satisfaction of the Town Board, or its designee,
that the requisite number of such units have been assigned to income-eligible
tenants and that any new tenants in such units meet the income guidelines
in effect when they take occupancy.
C. The following statement shall be included in the deed, certificate of occupancy and/or rental agreement, as appropriate, for each affordable dwelling unit: "This is an affordable dwelling unit as defined in Chapter
170, Zoning, of the Code of the Town of Somers, New York, and is subject to all restrictions and limitations as set forth therein."
All affordable dwelling units as described in association with
regulation are to be deemed affordable for perpetuity.