[Added 6-27-2000 by L.L. No. 13-2000; amended 6-28-2004 by L.L. No.
17-2004]
As used in this article, the following terms shall have the
meanings indicated:
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.
[Added 4-28-2009 by L.L. No. 11-2009]
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.
[Added 5-14-2019 by L.L.
No. 21-2019]
The Director of the Community Development Agency within the
Suffolk County Department of Economic Development and Workforce Housing.
[Added 11-16-2004 by L.L. No. 36-2004]
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.
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.
[Added 6-27-2006 by L.L. No. 37-2006]
The Director of Affordable Housing within the Suffolk County
Department of Economic Development and Workforce Housing.
[Amended 4-28-2009 by L.L. No. 11-2009]
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.
A separately assessed lot, parcel, piece or portion of real
property, with or without improvements erected thereon, owned by the
County of Suffolk.
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.
[Added 6-27-2006 by L.L. No. 37-2006]
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.
[Added 5-14-2019 by L.L.
No. 21-2019]
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.
[Added 4-28-2009 by L.L. No. 11-2009]
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.
[Amended 4-28-2009 by L.L. No. 11-2009]
[1]
Editor's Note: The definition of "Workforce Housing Director,"
added 11-16-2004 by L.L. No. 36-2004, which immediately followed this
definition, was repealed 4-28-2009 by L.L. No. 11-2009.
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.
[3]
Editor's Note: This local law was adopted by the Legislature
after disapproval by the County Executive on 5-26-2010.
[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;
[Amended 6-8-2010 by L.L. No. 27-2010[4]]
[4]
Editor's Note: This local law was adopted by the Legislature
after disapproval by the County Executive on 5-26-2010.
[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.
[Amended 5-14-2019 by L.L. No. 21-2019]
[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.
[Amended 4-25-2017 by L.L. No. 11-2017]
(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.
[Added 2-1-2011 by L.L. No. 13-2011]
(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:
[Amended 6-5-2012 by L.L. No. 37-2012]
(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.
[Amended 6-27-2006 by L.L. No. 37-2006; 4-28-2009 by L.L. No.
11-2009; 2-1-2011 by L.L. No. 13-2011; 6-5-2012 by L.L. No.
37-2012]
(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:
[Amended 5-14-2019 by L.L. No. 21-2019]
(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:
(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]
Fifty percent of all units, including owner-occupied
and rental housing units, must, at a minimum, 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, and 50% of all 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 or any municipally approved affordable requirement that restricts
occupancy to households whose income does not exceed 120% of the HUD-established
median income limits, adjusted by family size for the Nassau-Suffolk
PMSA.
[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.
[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.
[Amended 5-14-2019 by L.L. No. 21-2019; 12-20-2022 by L.L. No. 4-2023]
[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.
[Added 5-14-2019 by L.L.
No. 21-2019]
[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
[Amended 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]
(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.
[Added 12-20-2022 by L.L. No. 4-2023]
(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.
[Added 12-20-2022 by L.L. No. 4-2023]
(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, whose total is no more than 10% of the total development, whichever is less. Said units are to be spread throughout the development. These units shall be in perpetuity as referenced in § 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.
[Added 12-20-2022 by L.L. No. 7-2023[6]]
(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 60% AMI, and at least five ground-floor or elevator-accessible units for individuals with disabilities, whose total is no more than 10% of the total development, whichever is less. Said units are to be spread throughout the development, These units shall be in perpetuity as referenced in § 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.
[Added 12-20-2022 by L.L. No. 8-2023[7]]
(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.
[Added 11-18-2014 by L.L. No. 2-2015[8]]
(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.
[Amended 4-28-2009 by L.L. No. 11-2009]
(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.
[Amended 4-28-2009 by L.L. No. 11-2009]
(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.
[Added 12-20-2022 by L.L. No. 4-2023]
[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]
(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.
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.
[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.
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.