[HISTORY: Adopted by the Board of Trustees of the Village
of Westhampton Beach 12-5-2012 by L.L. No. 9-2012. Amendments noted where
applicable.]
A.
The purpose of this chapter is to provide for control and administration of affordable housing units created pursuant to Chapter 197 (Zoning) of the Village of Westhampton Beach.
B.
The lack of affordable housing creates many adverse effects for the
Village. Employers often grapple with the task of hiring and retaining
employees because of the limited availability of affordable housing.
Recruiting and retaining essential personnel (e.g., public safety,
health care, municipal employees, volunteer EMS, and fire protection)
has increasingly become a challenge because of the lack of affordable
housing. Volunteer emergency services also are impacted by the lack
of affordable housing, prompting the possibility of paid services.
While the Village has benefited from increased tourism and second-home
ownership, the Village Trustees find there is a need to ensure housing
opportunities for income-eligible households in order to sustain the
local economy and community services. Presently, income-eligible households
priced out of market-rate housing include but are not limited to health-care
professionals, teachers, municipal staff, shop clerks, mechanics,
and many others. Additionally, the Village has found that there is
a need to sustain the ranks of its volunteers who provide critical
public-safety services for fire protection and emergency medical services.
As used in this chapter, the following terms shall have the
meanings indicated:
Generally, housing is considered affordable if it costs no
more than 30% of the monthly household income to rent or own. See
definitions of "moderate-income household," "median income," "middle-income
household."
The listing maintained by the Village, or its designee, of
units reserved for moderate-income, median-income, and middle-income
households.
A below-market-rate dwelling unit that is facilitated through zoning incentives pursuant to Chapter 197 (Zoning).
A restriction imposed on a deed to real property and the
certificate of occupancy for a dwelling unit reserved for affordable
units that limits equity upon resale of the real property, restricts
capital improvements, and ensures perpetual affordability. Real property
encumbered with an affordability easement is entitled to tax exemptions
for affordable housing and reduced property tax assessments.
[Amended 12-7-2023 by L.L. No. 15-2023]
As defined in § 197-1 of the Village Code.
As defined in § 197-1 of the Village Code.
The document issued by the Village, or its designee, that
confirms the applicant (head of a household), meets the criteria for
an income-eligible household.
As defined in § 197-1 of the Village Code.
The Consumer Price Index (CPI) as published by the United
States Department of Labor, Bureau of Labor Statistics for the New
York Metropolitan Area.
The individual considered the head of the household for an
individual family, which for purposes of this chapter, shall be the
applicant.
Those individuals/families whose household incomes are classified
as "moderate income," "median income" or "middle income" as defined
herein.
As established annually by the United States Department of
Housing and Urban Development (HUD), a household whose gross annual
income is greater than 80%, but does not exceed 100%, of the median
gross household income for households of the same size within the
Nassau-Suffolk primary metropolitan statistical area (PMSA).
As established annually by the United States Department of
Housing and Urban Development (HUD), a household whose gross annual
income is greater than 100%, but does not exceed 120%, of the median
gross household income for households of the same size within the
Nassau-Suffolk primary metropolitan statistical area (PMSA).
As established annually by the United States Department of
Housing and Urban Development (HUD), a household whose gross annual
income but does not exceed 80% of the median gross household income
for households of the same size within the Nassau-Suffolk primary
metropolitan statistical area (PMSA).
As defined in § 197-1 of the Village Code.
Developments subject to the provisions of § 197-80.3 of the Village Code.
An improvement to a lot or unit reserved for either a moderate-income,
median-income, or middle income household which cannot be removed
without substantial damage to the subject premises or total loss of
value of said improvements. No adjustment shall be deemed a permanent
fixed improvement unless the actual initial cost of the improvement
to the owner exceeds 1% of the purchase price paid by the owner.
A volunteer involved in providing fire protection or emergency
medical services in the Village of Westhampton Beach, including but
not limited to volunteer firefighters, volunteer fire police, volunteer
emergency medical technicians, as decided by the administration or
bylaws of the given agency providing such firematic protection or
emergency services. For purposes of administering the provisions of
this chapter for qualified active members of fire/EMS volunteer community
services, the Village of Westhampton Beach shall utilize the approved
list compiled by the given agency for the Length of Service Award
Program (LOSAP) and supplemental listings provided by the given agency
which list persons who have met the point requirements of LOSAP having
remained active in service but no longer are eligible for LOSAP listing
due to age restrictions, and further provided that the bylaws of the
agency providing fire protection or ambulance services in the Village
are not exclusionary in nature in order to conform to the Fair Housing
Act.[1]
As defined in § 197-1 of the Village Code
The Village of Westhampton Beach.
[1]
Editor's Note: See 42 USC § 3601 et seq.
[Amended 12-7-2023 by L.L. No. 15-2023]
A.
Whenever the Planning Board receives a referral on a special exception application pursuant to § 197-80.3 from the Village Trustees that contains affordable units, the Planning Board shall assign a priority status to the application as an agenda item (or as soon as practicable) to be reviewed by the Planning Board in the performance of its duties. Such applications shall retain priority status for as long as there is compliance with all sections of this Code through the approval process, including resubmissions and revisions and if, in the opinion of the Planning Board, the applicant continues to apply a good-faith, diligent effort to prepare, submit and process the application. Should the application no longer comply with the sections cited herein or, in the opinion of the Planning Board, the applicant is not applying in a good-faith effort with respect to this Code, priority status shall be removed from the application by a written resolution of the Planning Board.
B.
The Village or its designee shall promulgate all rules and regulations, including model agreements, subject to Village Board approval, and any other instruments necessary to implement this chapter and the provisions of Chapter 197 (Zoning).
D.
To the extent permitted by law and federal, state, and county programs, the priority populations for housing opportunities facilitated by the zoning incentives pursuant to Chapter 197 (Zoning) shall be as follows:
[Amended 12-7-2023 by L.L. No. 15-2023]
(1)
Income-eligible households residing year-round in the Village of
Westhampton Beach. Higher priority will be given to at least one adult
member who is a qualified active member of Westhampton Beach fire/EMS
volunteer community services.
(2)
Income-eligible households residing year-round in the Town of Southampton.
Higher priority will be given to at least one adult member who is
a qualified active member of Westhampton Beach fire/EMS volunteer
community services, and then to those households residing in the Westhampton
Beach School District.
(3)
Income-eligible households residing year-round outside of the Village
of Westhampton Beach, but in which an adult member works at a location
physically within the Village. A higher priority will be given to
those households in which at least one adult family member is currently
employed by the Village of Westhampton Beach, and then to those employed
by general community services providers, as defined herein.
(4)
All others.
E.
Where a unit is reserved for income-eligible households and restricted
pursuant to a grant or subsidy from the federal government, State
of New York or other municipal agency to provide affordable housing
opportunities consistent with the intent of this chapter, the Village
or its designee may accept such eligibility priorities and restrictions
in lieu of the restrictions set forth in this chapter, subject to
approval by resolution by the Village Trustees.
[Amended 12-7-2023 by L.L. No. 15-2023]
A.
Lottery procedures.
(1)
The Village or its agent will develop procedures for housing lotteries for the aforementioned newly constructed community benefit units created pursuant to Chapter 197 (Zoning). To the extent practicable, such lottery procedures will be consistent with those promulgated by the New York State Affordable Housing Corporation, its successors and assigns.
(2)
All administrative costs associated with using a qualified and Village-approved entity to screen applicants, conduct the lottery process and file any and all required documents, pursuant to Chapter 40 of the Village Code, shall be the responsibility of the project developer unless, for a not-for-profit developer, waived by resolution of the Village Board and absorbed as a Village cost.
(3)
Certificates of occupancy (COs) for any units in the housing development shall not be issued by the Building Inspector until the housing lottery is conducted for the units reserved for income eligible households created pursuant to Chapter 197 (Zoning).
(4)
Notwithstanding the foregoing, the Building Inspector may issue COs
for up to 50% of the market-rate units within a particular development
prior to issuing a certificate of occupancy for the affordable units;
thereafter, certificates of occupancy shall be issued for all the
affordable units prior to issuing any additional COs for the market-rate
units.
B.
Initial sales price or rental price for affordable units; ongoing
requirements.
(1)
Upon receipt of an application for the issuance of a certificate
of occupancy for a dwelling unit reserved for an income-eligible household,
or earlier if requested by the owner, but not prior to the issuance
of a building permit, the Building Inspector shall send a copy of
the application to the Village or its designee, who shall inform the
owner in writing within 30 days of the maximum monthly rental or initial
maximum sales price for the dwelling unit and the maximum household
income for eligibility for occupancy of said unit based upon a formula
set forth in the Village Code or adopted by a Village Board resolution.
(2)
To the extent practical, units reserved as affordable units shall
meet or exceed the following minimum dwelling unit size to accommodate
household or family size:
|
Household or Family Size
|
Minimum Dwelling Unit Size
|
|---|---|
|
1
|
Efficiency Unit
|
|
2
|
1-bedroom
|
|
3 to 4
|
2-bedroom
|
|
5 to 6
|
3-bedroom
|
|
7 to 8
|
4-bedroom
|
Note: The table above shall not be construed as a limitation
on occupancy.
(3)
Buyer benefit. At the time of initial purchase, the Village will
obtain, at its own cost, an appraisal of each unit reserved for income-eligible
households to determine its fair market value. The difference between
such appraised value and the purchase price shall be referred to as
the "buyer benefit." The Village will place a lien in the amount of
the buyer benefit on the unit. All necessary duly executed documents
shall be delivered at closing in accordance with guidelines developed
by the Village or its agents and applicable banking regulations.
(4)
No certificate of occupancy may be issued by the Building Inspector
until the Village or its designee has provided the maximum monthly
rental or initial maximum sales price for the dwelling unit and the
maximum household income for eligibility for occupancy of said unit,
except as provided elsewhere in this chapter.
C.
Eligibility certificates required.
(1)
The Village or its designee shall certify the eligibility of all
applicants for rental or sale of affordable units. An eligibility
certificate shall be issued to said applicant in writing and shall
be dated. Eligibility certificates shall expire 18 months from the
date of original issuance, but may be renewed for six-month increments.
Renewal periods shall be noted on the eligibility certificate.
(2)
In the case of rental units, the Village or its designee shall annually
reexamine or cause to be reexamined the eligibility of each rental
occupant household.
(3)
On or before March 31 of each year thereafter, the Village or its designee shall notify the owner or manager of the subject affordable unit as to the rent, sales and income eligibility requirements for such units based upon figures derived from the preceding year, in accordance with § 197-1, unless otherwise provided for under applicable law for a particular development.
(4)
The owner or manager of the affordable unit shall certify to the Village or its designee on or before May 31 of each year that all rentals comply with the provisions of this chapter and Chapter 197.
(5)
In the case of for-sale units, the Village or its designee shall
ensure the eligibility of a purchaser is certified prior to closing
of title.
D.
Restrictions on rental units. Unless otherwise prohibited as a condition of approval for the particular development under Chapter 197 (Zoning) or within covenants and restrictions associated with the subject property, affordable rental units shall be subject to the following conditions:
(1)
The apartment or dwelling unit shall remain the primary residence of the income-eligible household for the term of the lease, and the occupants shall maintain the subject premises in conformity with Chapter 197 (Zoning).
(2)
The apartment or dwelling unit shall not be used or leased as a seasonal rental as the term is defined in Chapter 197 (Zoning).
(3)
The lease for said unit shall not exceed two years. As long as an
occupant household remains eligible and has complied with the terms
of the lease, the occupant shall be offered a two-year renewal of
the lease. If an occupant's annual income shall exceed the eligible
income level by more than 20%, and there is an eligible applicant
for the unit, the occupant household may complete the current lease
term and shall be offered, if available, another unit for which the
occupant household is income-eligible, or a market-rate unit in the
development. If no such dwelling unit is available, the occupant household
may be allowed to sign one additional one-year lease, but no further
renewal shall be permitted, unless the eligible income falls below
the eligible income level.
(4)
In the circumstances referenced in Subsection D(3) above, if such should occur in the same housing complex and another unit is available for which the occupant household is income-eligible (e.g., upgrade from unit reserved for moderate-income to unit reserved for middle-income household), the Village or its designee shall have the authority to request the Building Inspector to substitute certificates of occupancy for the respective units rather than having an occupant household relocate within the same complex, provided that the units are comparable.
E.
Restrictions on ownership units.
(1)
The occupant household of an affordable dwelling unit shall occupy
the premises as its primary residence and shall not rent or lease
the premises or any portion thereof to others, unless it is to another
income eligible household and approved by the Village or its designee
utilizing the same procedures and criteria provided in this chapter.
(3)
Permanent fixed improvements.
(a)
For dwelling units reserved for income-eligible households,
the following types of permanent fixed improvements are prohibited
for all units with certificates of occupancy dated subsequent to the
effective date of this chapter:
(4)
Resale of affordable units.
(a)
The Village shall have first right of refusal to purchase all
affordable housing for dwelling units that are offered for resale.
[1]
The seller of any such unit shall first give written notice
via certified mail to the Village Clerk of its intention to sell.
Such certified mail shall be addressed to the Village Clerk at Village
Hall, 165 Mill Road, Westhampton Beach, New York, 11978 in order to
be sufficient notice.
[2]
Thereafter, upon receipt of such written notification, the Village
shall have the right of first refusal to purchase the unit, the procedures
for which shall be established by the Village or its agents. Simultaneously,
the Village or its agent will seek to provide a purchaser meeting
the eligibility requirements of this section. Should the Village choose
not to exercise its right, the seller will have the right to convey
the property to the purchaser selected by the Village, at a price
the Village or its agents shall determine.
(b)
No individual/family who purchases an affordable housing unit facilitated through the provisions of Chapter 197 may sell their home for a profit within the first three years of ownership.
(c)
The equity realized in units sold after three years of ownership
will be based on the equivalent percentage of the Consumer Price Index
(CPI) as compiled by the United States Department of Labor. The percentage
will be calculated from the date of the initial purchase to the date
of resale. In addition, the seller shall be compensated for permanent
fixed improvements that have been made to the home. Depreciation shall
apply to capital improvements, as applicable.
(d)
Maximum resale price can not exceed the initial purchase price
plus the cost of permanent fixed improvements, adjusted for the change
in the consumer price index for "all items" for the New York Metropolitan
Area during the period of ownership of such dwelling unit and such
improvements plus reasonable and necessary resale expenses.
(e)
In the event the owner of such affordable housing or community
benefit unit is in default with respect to any obligation under any
lien encumbering the affordable housing or community benefit unit,
the Village of Westhampton Beach shall refer the owner to a third-party
counseling organization or to a mortgage insurer which will advise
the owner on ways to meet his/her mortgage obligation. The owner authorizes
the Village of Westhampton Beach to release information to such third-party
counseling organization or mortgage insurer and requests that the
counseling party make contact with such owner. The owner authorizes
the third-party counseling organization or mortgage insurer to make
a recommendation about appropriate action to take with regard to the
owner's mortgage loan, which may assist the lender in determining
whether to restructure the loan or to offer other extraordinary services
that could preserve the owner's home ownership.
(f)
The conditions and procedures required to resell the dwelling
units reserved for income- eligible households shall not apply in
the following three instances. For all further and subsequent transfers
of title the resale restriction shall apply.
[1]
When title is transferred by a court-appointed referee to a
commercial bank, savings and loan association, credit union, savings
bank, national back, licensed funding company, licensed mortgage banker
or the State of New York Mortgage Agency, its successors and or assigns
(hereinafter referred to as "institutional lenders"), pursuant to
the actual foreclosure of their mortgage lien or when the delivery
of the deed is directly to such mortgagee by the defaulting mortgagor
given in lieu of foreclosure; or
[2]
When title is subsequently transferred by said foreclosing institutional
lender to a third party; or
[3]
When title is conveyed to a party by virtue of a deed issued
by a referee naming it as the grantee pursuant to the foreclosure
of a mortgage loan given by an institutional lender described in the
preceding subsection.
F.
Distribution of units reserved as affordable units. Affordable units
shall be physically integrated into the design of the development
in a manner satisfactory to the Planning Board during site plan review,
and the bedroom mix of dwelling units associated with the development
shall be distributed in the same proportion as all other dwelling
units in the development, unless a different proportion is approved
by the Planning Board as being better related to the housing needs.
G.
Sustainable affordability.
(1)
All affordable housing units facilitated through the provisions of Chapter 197 shall be affordable in perpetuity. Unless prohibited by law, all units reserved for income-eligible households shall be encumbered with an affordability restrictive covenant. In the event a court of competent jurisdiction invalidates such affordability restrictive covenant for reason of its duration, then the unit so reserved for income-eligible households as a community benefit shall be deemed restricted to no less than 99 years and renewable upon transfer.
(2)
Where an affordable unit is restricted pursuant to a grant or subsidy
from the federal government, State of New York or other municipal
agency to provide affordable housing consistent with the intent of
this chapter, the Village or its designee may accept such restrictions
in lieu of the restrictions set forth in this chapter, provided that
the Village Trustees approve by majority vote and file their decision
in writing to the office of the Village Clerk.
H.
Certificates of occupancy. All certificates of occupancy issued for affordable dwelling units shall be endorsed with a notation that occupancy of such units is conditioned upon continued compliance with the provisions of Chapter 40, (Affordable Housing Units, Administration of), Chapter 197 (Zoning) and all regulations and conditions promulgated thereunder.
I.
Assessment. The encumbrance of an affordability easement or associated
covenants and restrictions on the deeds or certificates of occupancy
issued for affordable dwelling units shall be taken into consideration
by the Assessor in determining the assessments on such units.
