Suffolk County, NY Article XXXVI Affordable Housing

[Added 6-27-2000 by L.L. No. 13-2000; amended 6-28-2004 by L.L. No. 17-2004]

§ A36-1 Definitions.

[Amended 11-16-2004 by L.L. No. 36-2004; 6-27-2006 by L.L. No. 37-2006; 4-28-2009 by L.L. No. 11-2009; 5-14-2019 by L.L. No. 21-2019; 6-24-2025 by L.L. No. 27-2025]

As used in this article, the following terms shall have the meanings indicated:

AFFORDABLE HOUSING

Housing, including workforce housing, available to individuals and families meeting certain income guidelines based on the U.S. Department of Housing and Urban Development (HUD) area median incomes and as further defined in § A36-2A, B and C below.

AFFORDABLE HOUSING SUBSIDY (AHS)

The funding made available by Suffolk County for the acquisition, construction and/or reconstruction of parcels pursuant to § A36-2C(1)(ii) of this article.

CAPITAL IMPROVEMENT

A structural change or restoration of some aspect of a property that will either substantially add to the value of the real property, or appreciably prolong the useful life of the real property; becomes part of the real property or is permanently affixed to the real property and is intended to become a permanent installation. For purposes of this article, capital improvements shall exclude all regular repairs or maintenance.

COMMUNITY DEVELOPMENT DIRECTOR

The Director of the Community Development Agency within the Suffolk County Department of Economic Development and Workforce Housing.

CONVEYANCE

The transfer by deed of any parcel for any municipally run, funded, and/or managed affordable housing program, with or without nonprofit agencies, pursuant to New York State General Municipal Law § 72-h.

DEVELOPER

A person, persons, corporation or other legal entity who or which will construct, rehabilitate or otherwise stimulate the creation of workforce housing that meets the criteria set forth herein.

DIRECTOR

The Director of Affordable Housing within the Suffolk County Department of Economic Development and Workforce Housing.

EMERGENCY MEDICAL SERVICES ("EMS") PERSONNEL

Shall mean a person who is certified and trained to provide emergency medical services and who has actively provided such services in the County of Suffolk in good standing for the three-year period immediately prior to qualification.

FIRST-TIME HOMEBUYER

An individual or family unit that has not owned a home during the three-year period before the purchase of a home, with the permitted exceptions delineated in the HUD Home Investment Partnership Regulations, as they are amended from time to time, including, but not limited to, exceptions for displaced homemakers, single parents and mobile home owners.

LOSAP

Shall mean the New York State Longevity of Service Award Program.

PARCEL

A separately assessed lot, parcel, piece or portion of real property, with or without improvements erected thereon, owned by the County of Suffolk.

PARTICIPATING EMPLOYER

A company, corporation or other legal entity that employs individuals who reside in or will reside in Suffolk County and provides land, down-payment assistance, loan guarantees, or other assistance to its employees in connection with workforce housing that meets the criteria set forth herein.

PARTICIPATING MUNICIPALITY

A municipality within the County of Suffolk which has agreed by a duly adopted resolution of its governing board to accept a transfer of property pursuant to § 72-h of the New York State General Municipal Law.

PERSON WITH A DISABILITY

A person who has a physical, mental or medical impairment resulting from anatomical, physiological, genetic or neurological conditions which prevent the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques; or a record of such an impairment; or a condition regarded as such an impairment as further defined by the Americans with Disabilities Act.

VOLUNTEER FIREFIGHTER

Shall mean a person who is duly certified and trained to engage in firematic services and has performed such services in the County of Suffolk in good standing for the three-year period immediately prior to qualification.

WORKFORCE HOUSING

Affordable housing that is subsidized by the County pursuant to § A36-2C of this article and available to the County's workforce that meets income guidelines based on HUD area median incomes and as further defined in § A36-2A, B and D of this article.

WORKFORCE HOUSING SUBSIDY (WHS)

The funding made available by Suffolk County for the acquisition, construction and/or reconstruction of parcels pursuant to § A36-2D(1)(b) of this article.

§ A36-2 Suffolk County housing opportunities programs.

[Amended 6-27-2006 by L.L. No. 37-2006; 4-28-2009 by L.L. No. 11-2009; 6-8-2010 by L.L. No. 27-2010;[1] 2-1-2011 by L.L. No. 13-2011; 11-22-2011 by L.L. No. 10-2012;[2] 6-5-2012 by L.L. No. 37-2012; 11-18-2014 by L.L. No. 2-2015; 4-25-2017 by L.L. No. 11-2017; 4-25-2017 by L.L. No. 14-2017; 5-14-2019 by L.L. No. 21-2019; 12-20-2022 by L.L. No. 4-2023; 12-20-2022 by L.L. No. 7-2023; 12-20-2022 by L.L. No. 8-2023; 5-7-2024 by L.L. No. 18-2024; 6-24-2025 by L.L. No. 27-2025]

A. First-time homebuyers' auction.

(1) Habitable improved parcels shall be offered for sale at public auction exclusively to first-time homebuyers whose income does not exceed 80% of the HUD-established median income limits for the Nassau-Suffolk Primary Metropolitan Statistical Area (PMSA) adjusted by family size.

(2) Deed restrictions.

(a) Parcels transferred pursuant to this section must be to a first-time homebuyer and shall contain deed restrictions as follows:

[1] Property must remain the principal residence of the first-time homebuyer for a period of at least five consecutive years; and

[2] Income of first-time homebuyer must not exceed 80% of the HUD established median income limits for the Nassau-Suffolk PMSA adjusted by family size.

[3] Failure to comply with any of the restrictions herein shall result in the property reverting to Suffolk County.

B. New York State General Municipal Law § 72-h transfer program.

(1) Designated habitable improved parcels, uninhabitable improved parcels and vacant parcels shall be transferred by the County to participating municipalities for nominal consideration and shall be constructed and/or reconstructed for affordable housing purposes. Any property transferred through the New York State General Municipal Law § 72-h transfer program to a municipality for affordable housing purposes pursuant to Article 40 of the Suffolk County Administrative Code shall not be subject to the nominal consideration provisions contained herein. These parcels shall be subject to covenants and restrictions requiring cooperating municipalities to transfer these parcels to eligible individuals whose income does not exceed 80% of the HUD-established limits for the Nassau-Suffolk PMSA adjusted by family size, unless the Director, subject to legislative approval, issues a waiver and authorizes the transfer to eligible individuals whose income does not exceed 120% of the HUD-established limits. Municipalities accepting habitable improved parcels shall reimburse the County for all back taxes and the applicable charges due and owing on such parcels at the time of transfer. Units constructed and/or reconstructed on a parcel transferred pursuant to this Subsection B, and sold or rented subject to a hierarchy of local preferences established by the participating municipality, shall be constructed and/or reconstructed, as the case may be, using design and construction features in compliance with § A36-3 of this article. Parcels transferred pursuant to this Subsection B shall be made available to military veterans, pursuant to such local preference, who served during expeditionary service in a theater of conflict in Iraq or Afghanistan, as verified by the Director of the Suffolk County Veterans Agency, which credentials shall qualify such person as first-time homebuyers as defined in this article, subject to the following:

(a) 

The Director of the Suffolk County Veterans Service Agency shall verify to the participating municipality that an applicant possesses a Form DD-214 to verify honorable service and one or more of the following awards/medals in order to qualify under this article:

[i] Afghanistan Campaign Medal;

[ii] Iraq Campaign Medal;

[iii] Global War on Terrorism Expeditionary Medal;

[iv] Navy Expeditionary Medal (Iraq or Afghanistan);

[v] Marine Corps Expeditionary Medal (Iraq or Afghanistan);

[vi] Combat Action Ribbon;

[vii] Combat Action Badge;

[viii] Combat Medical Badge;

[ix] Purple Heart Medal; and

[x] Silver Star Medal.

(2) Deed restrictions.

(a) Parcels transferred pursuant to this section shall be to a first-time homebuyer and shall contain deed restrictions as follows:

[1] For owner-occupied housing:

[a] Property must always remain the principal residence of the owner and remain affordable in perpetuity. If the property contains an accessory apartment, the owner must occupy the principal portion of the home and not the accessory apartment as their principal residence;

[b] The income of the first-time homebuyer must not exceed 80% of the HUD-established area median income limits for the Nassau-Suffolk PMSA adjusted by family size, or, in the case where a waiver has been issued by the Director as authorized under § A36-2B(1), income must not exceed 120% of the HUD-established median income limits for the Nassau-Suffolk PMSA adjusted by family size;

[c] The purchase price of the home ownership unit, after all subsidies are applied, shall not exceed the amount equal to 80% of the HUD-established area median income limit for the Nassau-Suffolk PMSA, with adjustments for bedroom size not exceeding the HUD policy on occupancy standards under the Fair Housing Act, multiplied by 2.5, or, in the case where a waiver has been issued by the Director as authorized under § A36-2B(1), shall not exceed the amount equal to 120% of the HUD-established area median income limit for the Nassau-Suffolk PMSA, with adjustments for bedroom size not exceeding the HUD policy on occupancy standards under the Fair Housing Act, multiplied by 2.1;

[d] Construction must be completed and the housing occupied by eligible purchasers within three years of transfer unless an extension of time is granted in writing by the Director after good cause is shown. Said extension shall not exceed two two-year extensions unless approved by duly enacted resolution;

[e] Parcels shall only be sold by the owner to an approved purchaser at an affordable rate, as set forth below. The participating municipality shall certify to the Director that any resale complies with the requirements as set forth below.

[i] Purchasers must be approved by the participating municipality as conforming with the requirements as a first-time homebuyer with income in the established range as set forth in § A36-2B(2)(a)[1][b]. Any individual interested in selling an affordable unit must notify the participating municipality in writing that the unit is for sale and have the sale approved by the participating municipality.

[ii] Ownership of affordable units may not be transferred by will, devise, intestacy, gift, purchase on the open market, or otherwise, except that an affordable unit may be conveyed by its owner to a trust, provided that the owner is a beneficiary of the trust and the terms of the trust require that the trustee, within 120 days of the date of the beneficiary's death, or the date when the unit is no longer being used as the beneficiary's primary residence (domicile) and the unit must be offered for sale. Prior to conveying an affordable unit to a trust, a copy of the trust instrument shall be provided to, and approved by, the participating municipality and certified to the Director. Title may also be transferred to a court-appointed referee in mortgage foreclosure proceedings, provided the unit is offered for sale and transferred to a qualified purchaser, and a copy of the order of reference and order of sale is provided to the participating municipality and certified to the Director.

[iii] Resale prices shall be restricted as set forth in § A36-2B(2)(a)[1][c]. Notwithstanding any other provision to the contrary, the resale price of an affordable unit may be increased by an amount not to exceed 50% of the documented capital improvements made by the seller, as approved by the participating municipality, up to a maximum amount of $25,000.

[iv] Prior to closing, a copy of the executed contract of sale shall be provided to the participating municipality, along with an executed and sworn affidavit by the seller and purchaser, attesting that the contract of sale is true and accurate, that there are no other agreements between the seller and the purchaser, and that the purchaser has not and will not pay any amounts to the seller which are not reflected in the contract of sale.

[f] In the event that a parcel transferred under this program is subject to an action in foreclosure, the participating municipality, or its designated agent, shall have a right of first refusal to purchase the parcel.

[g] Failure to comply with any of the restrictions herein shall result in the property reverting to Suffolk County.

[2] For rental housing:

[a] The income of the purchaser must not exceed 80% of the HUD-established median income limits for the Nassau-Suffolk PMSA adjusted by family size, or, in the case where a waiver has been issued by the Director as authorized under § A36-2B(1), income must not exceed 120% of the HUD-established median income limits for the Nassau-Suffolk PMSA adjusted by family size;

[b] Rent shall not exceed the HUD-established fair market rent for the Nassau-Suffolk PMSA based on bedroom size;

[c] The home must meet local building and zoning codes;

[d] Construction must be completed and the housing occupied by eligible tenants within three years of transfer unless an extension of time is granted in writing by the Director after good cause is shown. Said extension shall not exceed two two-year extensions unless approved by duly enacted resolution; and

[e] Property must remain in the possession of tenants who meet the income limits and rental limits set forth in § A36-2B(2)(a)[2][a] and [b] above in perpetuity.

[f] Failure to comply with any of the restrictions herein shall result in the property reverting to Suffolk County.

(3) In situations where federal or state grant funds are used to finance construction under the § 72-h program, federal and state requirements must be met. However, in the event the County requirements are more stringent, then the County requirements will prevail.

(4) Reporting and management requirements.

(a) Any municipality that accepts title pursuant to New York State General Municipal Law § 72-h to a parcel from the County of Suffolk for use in an affordable housing program shall, as a condition precedent to the receipt of a deed of conveyance of such parcel, agree in writing with the County of Suffolk to provide a report no later than December 31 of each year to the Director, including, but not limited to, the exact and precise use to which any such parcels have been put and the sales price generated by initial purchase of such affordable homes.

(b) The report set forth at § A36-2B(4)(a) above shall explicitly state whether or not the parcel has been utilized for affordable housing purposes and whether or not the restrictive covenants to ensure such utilization contained in any such deeds of conveyance have been adhered to.

(c) The Director shall then determine whether or not any restrictive covenants contained in the deed of conveyance to the municipality, state government, federal government, or any agency or department thereof have been breached or violated.

(d) In the event that the Director determines that any such covenants have been breathed or violated, he or she shall advise the County Department of Law and the County Legislature as to the nature of such breach or violation and request authorization for such action as he or she shall deem necessary to enforce such covenant or to enjoin or to correct such breach or violation.

(5) Conditions of County transfer:

(a) The nominal consideration paid to the County of Suffolk for an affordable housing conveyance under § 72-h of the New York General Municipal Law shall not exceed $10 for any parcel.

(b) Upon such payment of nominal consideration and actual conveyance of the parcel(s), all subsequent grantees shall comply with all applicable state, federal, and local regulations pertaining to the price, income eligibility and marketing standards for such affordable housing programs.

C. New York State General Municipal Law § 72-h transfer program for homeowners displaced by natural disaster.

(1) Designated uninhabitable improved parcels and vacant parcels shall be transferred by the County to a receiving municipality for nominal consideration, to be constructed and/or reconstructed for affordable housing purposes for homeowners displaced by a natural disaster. These parcels shall be for owner-occupied housing only and subject to covenants and restrictions requiring cooperating municipalities to transfer these parcels to eligible individuals whose income does not exceed 120% of the HUD-established limits for the Nassau-Suffolk PMSA adjusted by family size. Units constructed and/or reconstructed on a parcel transferred pursuant to this Subsection C and sold to homeowners displaced by natural disaster, subject to a hierarchy of local preferences established by the participating municipality, shall be constructed and/or reconstructed, as the case may be, using design and construction features in compliance with § A36-3 of this article.

(2) For purposes of this article:

(a) A "homeowner displaced by natural disaster" means a homeowner displaced by hurricane, flood or tornado whose primary residence has been rendered uninhabitable as determined by the Suffolk County Department of Health Services.

(b) A "receiving municipality" means a town or village in the County of Suffolk which has agreed by a duly adopted resolution of its governing board to accept a transfer of property pursuant to § 72-h of the New York General Municipal Law for the purpose of creating affordable housing pursuant to this subsection.

(3) Restrictions and conditions. Except as provided herein with regard to HUD-established median income limits, all deed restrictions and conditions that apply to owner-occupied housing set forth in § A36-2B(2)(a)[1], § A36-2B(3), § A36-2B(4), § A36-2B(5), and § A36-3 shall apply to transfers made pursuant to this subsection.

D. Workforce housing and affordable housing programs other than the New York State General Municipal Law § 72-h transfer programs.

(1) 

Funding initiatives.

(i) Funding initiatives for the workforce housing program by the County through the use of capital bond proceeds (WHS) shall include funding for:

(a) The acquisition of land by the County in conjunction with a municipality or reimbursement for the acquisition of land by a municipality, which shall include both vacant and improved parcels;

(b) The construction and/or reconstruction of parcels transferred to participating municipalities pursuant to New York State General Municipal Law § 72-h;

(c) The reimbursement for infrastructure improvements in conjunction with municipalities, which shall include, but not be limited to, roads, parking, sewers, water, sidewalks, street lighting and appurtenant landscaping;

(d) The acquisition of land by the County in conjunction with a property owner, municipality, developer, or participating employer of conservation easements or reimbursement for the acquisition of land by a property owner, municipality, developer, or participating employer of conservation easements, or the reimbursement for infrastructure improvements, which shall include, but not be limited to, roads, parking, sewers, water, sidewalks, street lighting and appurtenant landscaping; and

(e) The acquisition of land by the County in conjunction with a property owner, developer, or participating employer or reimbursement for the acquisition of land by a property owner, developer, or participating employer, which shall include both vacant and improved parcels.

(ii) Funding initiatives for the affordable housing program by the County through the use of capital bond proceeds (AHS) shall include funding for the construction and/or reconstruction of parcels transferred to participating municipalities pursuant to New York State General Municipal Law § 72-h, including:

(a) Interior portions of units on such parcels using design and construction features in compliance with § A36-3 of this article for military veterans who are persons with a disability and qualify under § A36-2B(1); and

(b) The installation of energy reduction or energy conservation equipment or devices with a useful life of five years or greater.

(2) Program requirements.

(a) All affordable housing units subsidized pursuant to this section must meet or exceed the longest affordability period required by additional funding sources or tax credit agreements. A percentage of the affordable units are to be affordable in perpetuity. Said percentage shall be equal to the ratio of the County subsidy to the projected development cost, with a maximum of 20% of the affordable units in perpetuity, as defined by Suffolk County, being restricted. If applicable, the total number of units restricted shall be rounded up to the next highest whole number. If the County's percentage of funding in the total development exceeds 8%, then all of the units that the County funds are affordable in perpetuity.

(b) The following provisions are applicable to § A36-2D(1)(i)(a), (b) and (c) and § A36-2D(1)(ii) above:

[1] A municipality must enter into a development agreement with the County, which shall require the participating municipality to offer incentives, such as density bonuses, fast-track approvals and fee waiver, and/or financial assistance, such as community development block grant funds, industrial development bonds and/or tax credits, to the proposed affordable housing development prior to the acquisition of a parcel.

[2] Prior to such acquisition or funding, the participating municipality shall, by resolution or other legislative act, approve the development plan which shall specify the development plan; the proposed builder, which may be a not-for-profit corporation or a for-profit builder; the number of units of housing; the targeted occupants; the method of selecting such occupants; and the sales/rental prices to be paid by the occupants. If a for-profit developer is utilized, then the amount of profit realized by the builder must conform to New York State Affordable Housing Corporation (or its successors') guidelines.

(c) The following provision is applicable to § A36-2D(1)(d) and (e) above:

[1] The property owner, municipality, developer, or participating employer, as the case may be, must enter into an agreement with the County requiring the use of the parcel(s) for workforce housing purposes and specifying the proposed builder, which may be a not-for-profit corporation or a for-profit builder; the number of units of housing; the targeted occupants; the method of selecting such occupants; and the sales/rental prices to be paid by the occupants. If a for-profit developer is utilized, then the amount of profit realized by the builder must conform to New York State Affordable Housing Corporation guidelines, or any successor thereto.

(d) Deed restrictions for all housing subsidized pursuant to this section, other than the New York State General Municipal Law § 72-h transfer program for homeowners displaced by natural disaster, must reflect the following guidelines:

[1] Any deed restrictions set forth in § A36-2B of this article that are more restrictive than those set forth in this section shall take precedence.

[2] Both owner-occupied and rental housing will be eligible to receive assistance. Preference will be given to projects of 10 or more units.

[3] Income limits.

[a] All County-funded rental housing units must, at a minimum, be occupied by persons and families whose income does not exceed 80% of the HUD-established median income limits, adjusted by family size for the Nassau-Suffolk PMSA. The developer, with the approval of the town in which the project is located, may petition the Commissioner or designee to allow up to 20% of the County-subsidized affordable units to be occupied by persons and families whose income does not exceed 120% of the HUD-established median income limits, adjusted by family size, for the Nassau-Suffolk PMSA. The Commissioner or designees shall forward their recommendation and such petition for approval or disapproval to the Suffolk County Legislature by procedural resolution.

[b] In situations where federal or state funding is utilized to subsidize development costs, applicable federal and state income requirements must be met. However, if the County requirements are more stringent, then the County requirements will prevail.

[c] All owner-occupied County-funded units must, at a minimum, be occupied by persons and families whose income does not exceed 100% of the HUD-established median income limits, adjusted by family size for the Nassau-Suffolk PMSA. The developer, with the approval of the town in which the project is located, may petition the Commissioner, or designee, to allow up to 20% of the County-subsidized affordable units to be occupied by persons and families whose income does not exceed 120% of the HUD-established median income limits, adjusted by family size, for the Nassau-Suffolk PMSA. Upon the Director's recommendation, such a petition shall be approved by the Suffolk County Legislature.

[4] Affordability for owner-occupied housing. Units must be affordable to targeted income groups based on standard underwriting criteria.

[5] Occupancy for owner-occupied housing. Home ownership units that are not affordable in perpetuity must be owner-occupied and the principal residence of the occupant for at least 10 consecutive years. Units that are affordable in perpetuity must be owner-occupied as a principal residence in perpetuity. If an affordable unit contains an accessory apartment, the owner must occupy the principal portion of the unit and not the accessory apartment as their principal residence. Units subject to affordability requirements may only be sold at an affordable rate of 80% or below AMI following the criteria below, and the entity as identified within the development agreement must notify the Director in writing that the units are for sale and certify to the Director that the purchasers conform to the requirements as set forth below.

[a] Purchasers must be a first-time homebuyer with income in the established range as set forth in § A36-2D(2)(c)[3].

[b] Ownership of affordable units may not be transferred by will, devise, intestacy, gift, purchase on the open market, or otherwise, except that an affordable unit may be conveyed by its owner to a trust, provided that the owner is a beneficiary of the trust and the terms of the trust require that the trustee, within 120 days of the date of the beneficiary's death, or the date when the unit is no longer being used as the beneficiary's primary residence (domicile), and the unit must be offered for sale. Prior to conveying an affordable unit to a trust, a copy of the trust instrument shall be provided to, and approved by, the entity as identified within the development agreement, who must then certify to the Director. Title may also be transferred to a court-appointed referee in mortgage foreclosure proceedings, provided the unit is offered for sale and transferred to a qualified purchaser, and a copy of the order of reference and order of sale is provided to the entity as identified within the development agreement, who must then certify to the Director.

[c] Resale prices shall be restricted as set forth in § A36-2B(2)(a)[1][e][iii].

[d] Prior to closing, a copy of the executed contract of sale shall be provided to the entity as identified within the development agreement, who must then certify to the Director, along with an executed and sworn affidavit by the seller and purchaser, attesting that the contract of sale is true and accurate, that there are no other agreements between the seller and the purchaser, and that the purchaser has not and will not pay any amounts to the seller which are not reflected in the contract of sale.

[6] In the event that a parcel that is developed pursuant to this program is subject to an action in foreclosure, the participating municipality, or its designated agent, shall have a right of first refusal to purchase the parcel.

[7] Affordability for funded rental units. Funded rental units shall have maximum rent equal to the HUD-established fair market rent adjusted for bedroom size for the Nassau-Suffolk PMSA or any municipality approved fair market rent standard, provided that the gross rent, as defined in 26 U.S.C. § 42(g)(2)(B), of said standard does not exceed 30% of the 80% HUD-established area median income limit for the Nassau-Suffolk PMSA with adjustments for bedroom size not exceeding the HUD policy on occupancy standards under the Fair Housing Act. Funded rental units must meet or exceed the longest affordability period required by additional funding sources and/or tax credit agreements

(e) Any housing development comprised of more than 34 units subsidized pursuant to this section must require at least one unit in the development to be set aside for a manager/superintendent to provide ongoing maintenance for the development.

(f) Developers of affordable housing units subsidized pursuant to this section must submit their marketing plan to the Town jurisdiction in which the project is located.

(g) In order for a property to receive any workforce housing funding offered by Suffolk County, the property must contain the following supportive housing: at least five units for individuals who are veterans who meet the income requirements, whose total is no more than 10% of the total affordable units in the development, whichever is less. Said units are to be spread throughout the development. The period of affordability of these units shall conform to the requirements of § A36-2D(2)(a). Extraordinary exceptions to this allocation requirement may be considered by the Suffolk County Director of Affordable Housing, with a written opinion issued by the Suffolk County Veterans Services Agency, and with consent by the Suffolk Legislature.

(h) In order for a property to receive any workforce housing funding offered by Suffolk County, the property must contain the following supportive housing: at least five units set aside for individuals with intellectual/development disabilities as defined by the New York State Office of People with Developmental Disabilities of noncertified housing at up to 80% AMI, whose total is no more than 10% of the total of the affordable units in the development and at least five ground-floor or elevator-accessible units for individuals with disabilities, whose total is no more than 10% of the total affordable units in the development, whichever is less. Said units are to be spread throughout the development. The period of affordability of these units shall conform to the requirements of § A36-2D(2)(a). Extraordinary exceptions to this allocation requirement may be considered by the Suffolk County Director of Affordable Housing, with a written opinion issued by the New York State Office of People With Developmental Disabilities or Suffolk County Office of People With Disabilities, and with consent by the Suffolk Legislature.

(i) To receive any workforce housing funding offered by Suffolk County, properties must contain the following housing: at least five units designated for volunteer firefighters and EMS personnel as defined § A36-1, totaling no more than 10% of the development or five units, whichever is less. These units must be distributed throughout the development and maintained in perpetuity as described in § A36-2D(2)(a), providing the following criteria are met:

[1] Any such firefighter or EMS personnel must already be a member of the Fire or Ambulance District in which the project is located;

[2] Any such firefighters or EMS personnel must on an annual basis verify good standing via written testimony to the Suffolk County Director of Affordable Housing by the District Secretary, or equivalent position, of the respective fire district or ambulance corps until such time as the firefighter or EMS personnel has reached LOSAP eligibility;

[3] The County Attorney, based upon a report by the Suffolk County Director of Affordable Housing, issues an opinion letter that the project would be in compliance with the Fair Housing Act; and

[4] The Suffolk County Director of Affordable Housing may consider extraordinary exceptions to this requirement with written input from the Suffolk County Fire, Rescue, and Emergency Services and with the consent of the Suffolk Legislature.

(3) Homeowners displaced by natural disaster.

(a) Housing subsidized pursuant to this section may be transferred to persons displaced by a natural disaster notwithstanding that they are not first-time homebuyers.

(b) Parcels transferred to persons displaced by a natural disaster shall be for owner-occupied housing only and subject to covenants and restrictions requiring that eligible individuals' incomes do not exceed 120% of the HUD-established limits for the Nassau-Suffolk PMSA adjusted by family size.

(c) Homeowners displaced by natural disasters shall be eligible for any preference established by the participating municipality.

(d) Except as specifically provided in this subsection, homeowners displaced by natural disasters shall be subject to all of the terms and conditions of this section of the Administrative Code.

E. Transfer program for veterans housing.

(1) The County may transfer habitable improved parcels, uninhabitable improved parcels and vacant parcels directly to qualified not-for-profit corporations for the purpose of constructing or reconstructing affordable housing for veterans, subject to approval by the County Legislature.

(2) For the purposes of this program, the term "veteran" shall have the same definition as set forth in § 775-13 of the Suffolk County Code and shall include "Cold War veterans" as defined in that section. Veterans need not be first-time homebuyers as defined in this article to qualify for participation in this program. The Director of Veterans Affairs of Suffolk County shall verify that occupants of parcels transferred pursuant to this section are qualified as veterans.

(3) Parcels transferred pursuant to this section will be subject to the same income requirements, purchase price and rent limit requirements for occupants that are applicable to parcels that are conveyed by the County pursuant to the § 72-h transfer program set forth at § A36-2B of this article.

(4) Parcels transferred pursuant to this section may be used for rental or homeownership purposes. Rental housing may include single-family rental, group homes or single room occupancy units and may be utilized as permanent housing, emergency shelter or transitional housing, as defined at 24 CFR 91.5. In addition to a residential component, such parcels may also contain on-site facilities, managed by the grantee not-for-profit corporation, for the purposes of providing support services to occupants, including, without limitation, administrative and case management services, and medical, vocational, educational and financial assistance. The income requirements shall not be applicable to the staff of the nonprofit grantee who may reside within the property for purposes of providing any such services.

(5) The deed restrictions set forth in this article at § A36-2B(2) shall apply to any property transferred pursuant to this section. In addition, any deed of conveyance shall contain a restriction that the property so conveyed shall be occupied by veterans and utilized as provided herein. Failure to comply with the restrictions shall result in the property reverting to the County of Suffolk.

(6) For each property transferred hereunder that is under construction and not yet occupied, the grantee shall provide the Director with an annual report setting forth the status of development of the parcel transferred hereunder, including the status of municipal approvals and funding sources. For each parcel that is occupied, the grantee shall provide the Director with an annual report setting forth the exact and precise use for which the property is being used, the sales price of the unit, if applicable, and the rent or occupancy charges, if applicable. Such annual report shall also verify that the occupants are veterans and that the income qualifications for occupants set forth herein have been met.

(7) The consideration paid to the County of Suffolk for any vacant or uninhabitable parcel conveyed hereunder shall be nominal consideration not to exceed $10. In the case of habitable structures, the consideration paid to the County of Suffolk shall be the County's investment in the property, including taxes and other charges paid or payable by the County, in connection with such property.

(8) The Director shall establish written rules and procedures to implement this program. Such procedures shall include minimum financial, management and housing development qualifications for not-for-profit corporations seeking to participate in the program.

F. Repayment.

(1) All land acquired and housing subsidized pursuant to § A36-2D shall be subject to:

(a) Covenants and restrictions governing the use of the parcel(s) and housing thereon; and

(b) Repayment of the WHS or AHS, as the case may be, pursuant to the terms set forth in any and all funding documents when the ownership/rental requirements and/or affordability requirements contained in the development/rental agreement(s) and deed are not met.

(2) Under certain circumstances, including but not limited to affordability requirements in excess of 30 years, repayment of the WHS or AHS, as the case may be, may be forgiven.

(3) All land acquired and housing subsidized pursuant to § A36-2D(1)(i) will be structured in the form of low-interest loans to be paid back over the life of the project (affordability period). Interest rates and structure of payback provisions are determined at the discretion of the Director of Affordable Housing.

G. Monitoring and compliance.

(1) The County shall administer the requirements of this article as follows:

(a) The Director shall develop and draft guidelines, rules and procedures necessary and appropriate to ensure compliance with this article.

(b) In addition to overseeing the reporting requirements set forth in § A36-2B and § A36-2C of this article, the Director shall monitor all aspects of program and procedural compliance with the Suffolk County housing opportunities programs described herein.

[1] Editor's Note: This local law was adopted by the Legislature after disapproval by the County Executive on 5-26-2010.

[2] Editor’s Note: This local law was vetoed by the County Executive 12-22-2011, which veto was overridden by the County Legislature 2-7-2012.

§ A36-3 Visitability requirements.

[Added 12-16-2008 by L.L. No. 1-2009]

A. Any new dwelling unit that is to be designed and/or constructed with the assistance of the County of Suffolk pursuant to § A36-2B of this article ("72-h transfer program") or § A36-2D of this article ("Workforce Housing Program") shall comply with the design and construction requirements set forth in this section.

B. The design and construction of a new dwelling unit shall comply with the following requirements:

(1) At least one stepless entry shall be provided into a ground-floor dwelling unit, and may be located at the front, rear or side of the building with a threshold not exceeding 1/2 inch in height.

(2) All interior passage doorways on the ground level of a dwelling unit shall have an unobstructed opening of at least 34 inches when the door is open at a ninety-degree angle.

(3) At least one bathroom shall be located on the ground level of the dwelling unit, containing a clear floor space of 30 inches by 48 inches centered on and contiguous to the sink, which is not encroached by the swing path of the bathroom door.

(4) The required ground-floor bathroom shall have walls that are reinforced with wood blocking between the interior studs, capable of supporting grab bars as follows:

(a) Two reinforcements on the back wall of the bathtub, each at least 24 inches long, at least 20 inches wide and not more than 24 inches from the head end wall and not more than 12 inches from the foot end wall, one in a horizontal position at least 33 inches, but not more than 36 inches, above the floor, and one nine inches above the rim of the bathtub;

(b) One backing reinforcement on the foot end wall of the bathtub, at least 20 inches long, at least 18 inches wide and located at the front edge of the bathtub;

(c) One backing reinforcement on the head end wall of the bathtub, at least 12 inches long, at least 18 inches wide and located at the front edge of the bathtub;

(d) Ground-floor interior shower walls shall include backing reinforcements on at least two walls on which the control valves are not located, each centered at least 33 inches, but not more than 36 inches, above the floor and at least 18 inches wide; and

(e) All walls adjacent to the toilet shall have horizontal backing reinforcements, each at least 33 inches, but not more than 36 inches, above the floor, and sufficient to allow for a twenty-four-inch grab bar on the wall behind the toilet and another forty-two-inch grab bar on one of the other walls adjacent to the toilet.[1]

[1] Editor's Note: Amended during codification (see Ch. 1, General Provisions, Art. III).

(5) To minimize alteration costs for a person with a disability or individuals who desire to age in place, the ground floor of a dwelling unit shall be designed with at least one room which can be converted into a bedroom.

(6) Each heating zone in a ground-floor dwelling unit shall contain a thermostat located on the wall at least 15 inches but not more than 48 inches above the floor.

C. Each municipality, developer or participating employer that receives County assistance under § A36-2B and § A36-2D shall submit assurance to the Workforce Housing Director that construction activities will be conducted in compliance with this section.

D. The Workforce Housing Director is hereby authorized, empowered and directed to promulgate rules and regulations necessary to implement this section and is further directed to take all other actions necessary to ensure compliance with the requirements of this section.

§ A36-4 Language access plan.

[Added 12-20-2022 by L.L. No. 6-2023[1]]

A. The developer of any rental units to be built with the assistance of the County of Suffolk, including but not limited to financial assistance or assistance in land acquisitions, pursuant to § A36-2B of this article (72-h transfer program) or § A36-2D of this article (Workforce Housing Program) shall work with a third party or parties to implement a language access plan, subject to approval by the Community Development Director, to be located on the Suffolk County and/or Housing Assistance Agency website, that shall address the specific language needs of the area in which the project is located and which shall comply with the requirements of § 143-3 of the Suffolk County Code.

B. Any language access plan shall address at a minimum:

(1) Website translation;

(2) Advertisement of housing opportunities;

(3) Housing application translation; and

(4) Providing interpreter services.

[1] Editor's Note: This local law also renumbered former § A36-4 as § A36-5.

§ A36-5 Prior laws.

Any provisions contained in Resolution No. 508-1989 that are inconsistent with this article shall be construed as being superseded by this article for the purposes of implementing the provisions of this article.