[Amended 5-2-2013 by L.L. No. 2-2013]
A.
Establishment of Housing Board. The Town Board hereby establishes a Town Housing Board, which shall be responsible for the administration of the below-market-rate housing requirements of this section as well as for the promulgation of rules and regulations as may be necessary to implement such requirements.
(1)
The Housing Board shall consist of seven members appointed by the Town Board and serving at the pleasure of the Town Board, with the Chairperson appointed annually.
(2)
The rules and regulations developed by the Housing Board as may be necessary to implement the requirements outlined below must be approved by the Town Board.
(3)
The Town Housing Board shall certify as eligible all applicants for rental or sales of below-market-rate dwelling units and shall annually reexamine, or cause to be reexamined, each renter occupant's family income and assets.
(4)
On or before March 30 of each year thereafter, the Town Housing Board shall notify the owner or manager of each multifamily development containing below-market-rate affordable units as to the rent, sales and income eligibility requirements for such units derived from the preceding calendar year.
(5)
The owner or manager of each multifamily development shall certify to the Housing Board on or before May 31 of each year that the current rental or sales prices and income eligibility of all below-market-rate dwelling units and their occupants comply with the terms of this article.
(6)
Below-market-rate dwelling units may be occupied only by the owner, his or her immediate family and occasional houseguests, except by express permission of the Housing Board. Any unit not owner-occupied may be rented only if approved by the Housing Board, to applicants who qualify according to Subsections B, C, and D of this section.
B.
Income eligibility for below-market-rate housing units. Income eligibility for below-market-rate housing applicants shall be verified by the Housing Board according to the following standards or as further restricted in the applicable zone:
(1)
Families whose aggregate income, including the total of all current annual income of all adult members residing in the household from any source whatsoever at the time of application, but excluding the earnings of working minors (under 21 years of age) attending school full time, does not exceed the following multiples of Westchester County median income established by HUD during the three most recently completed calendar years:
Size of Family (persons) | Multiple of Median Wages |
|---|---|
1 | 0.9 |
2 | 1.1 |
3 | 1.3 |
4 | 1.4 |
5 | 1.6 |
6 | 1.7 |
7 | 1.9 |
8 or more | 2.0 |
(2)
Property income. For property or other investments that are not returning dividends, rents or other measurable income (excluding normal household personal possessions), a yearly income of 5% of the fair market value of the investment shall be included in the family's aggregate income.
(3)
Applicants for below-market-rate rental units referred to in this section shall, if eligible and if certified for occupancy by the Housing Board, sign leases for a term of no more than two years.
(4)
As long as a resident remains eligible and has complied with the terms of the lease, said resident may be offered a one-year renewal of the lease. If a resident's annual gross income should subsequently exceed by more than 20% of the maximum then allowable, as defined in this section, and if there is at that time an otherwise eligible applicant within one of the categories in Subsection B above, said resident may complete his current lease term or one year from date of notification, whichever is longer.
(5)
In the case of owner-occupied below-market-rate dwelling units, the title to said property shall be restricted so that in the event of any resale by the home buyer or any successor, the resale price shall not exceed the then maximum sales price for said unit, regardless of improvement, as determined in accordance with Subsection B of this section. It is assumed that homeowners, in the course of their homeownership, will be making improvements to their property.
C.
Additional eligibility priorities. Financially eligible persons and families applying for below-market-rate dwelling units shall be selected by the Housing Board on the basis of the following categories of priority:
(1)
Pound Ridge Volunteer Fire Department Member or Pound Ridge Volunteer Ambulance Corps Member. Applicants must now be and have been members in good standing for not less than two years.
(2)
Town of Pound Ridge municipal employees.
(3)
Pound Ridge residents.
(4)
Immediate relatives of Pound Ridge residents (children, parents, siblings, aunts and uncles).
(5)
Bedford Central and Katonah-Lewisboro School District employees.
(6)
Other persons employed in Pound Ridge.
(7)
Seniors from contiguous towns.
(8)
Other persons employed in Westchester County.
(9)
All others.
D.
Selection priorities. Within each of the above categories, the applicant shall be selected according to the following additional priorities.
E.
Monthly rent and/or sale price of below-market-rate units.
(1)
The maximum monthly rent for a below-market-rate dwelling unit shall not exceed 1.75%, excluding utilities (gas, oil, electricity, water and sewage, common charges), or 2%, if utilities and common charges are included, of the multiple assigned to the number of bedrooms in the dwelling unit times the average of the last three-year median income levels published by Westchester County.
(2)
The maximum gross sales price for a below-market-rate dwelling unit shall not exceed two times the multiple assigned to the number of bedrooms in the dwelling unit times the average of the last three-year median of annual paid wages as outlined in the table below.
Number of Occupants Permitted | |||
|---|---|---|---|
Number of Bedrooms in Dwelling Unit | Multiple Applied to Three-Year Average | Minimum | Maximum |
Efficiency | 0.9 | 1 | 1 |
1 | 1 | 11 | 2 |
2 | 1.25 | 2 | 4 |
3 | 1.5 | 3 | 6 |
4 | 1.75 | 5 | 8 |
NOTE: |
|---|
1Only if efficiency is not available. Tenant should be transferred to efficiency when one becomes available; lease should so provide. |
(3)
At the time of the issuance of a certificate of compliance, the Building Inspector shall send a copy of such certificate to the Town Housing Board, which shall then inform the applicant of the maximum rental or sales charge which may be established for the below-market-rate dwelling units in such development and the maximum annual gross family income for eligibility for occupancy of said units.
(4)
Tax assessment. The limited rental income and/or sales value of below-market-rate units shall be taken into consideration by the Town Assessor in determining the full value basis for assessments on such units.
F.
Other Housing Board responsibilities. In addition to the administrative responsibilities outlined herein, the Housing Board shall also evaluate resident housing needs, identify housing opportunities and maintain waiting lists for those seeking housing. The Housing Board shall make recommendations to the Town Board on the status of various housing-related issues at least once each calendar year.
G.
New dwellings and occupancies. Notwithstanding the subsections above, subsequent to the effective date of § 113-100 of this chapter, all new affordable dwelling units created in accordance with § 113-99 shall be affordable fair housing dwelling units regulated by § 113-100, rather than below-market-rate units. The same shall be true for all new occupancies of all existing below-market-rate units.