[Added 6-9-2016 by L.L.
No. 14-2016, effective 6-21-2016]
Purpose. It is the intent of the Town of Brookhaven to provide
a diversity of housing types to meet the economic needs of its residents,
and to do so in a manner that supports providing affordable and workforce
housing units within the Town, and, further, is consistent with the
intent and goals set forth in New York State General Municipal Law
Article 16-A, the Long Island Workforce Housing Act. It is the policy
of the Town of Brookhaven that no homeowner, landlord, applicant or
client shall be discriminated against because of race, color, religion,
sex, national origin, age, marital status, disability, sexual orientation,
parental status, family medical history or genetic information, political
affiliation, military service or any other non-merit-based factor.
It is the intent of this section of legislation, to be adopted pursuant
to the Town's Home Rule authority pursuant to and in conformance with:
New York State Constitution Article IX, § 2(c); Municipal
Home Rule Law § 10(1)a(1), (3), (11), and (12); § 10(1)d(3);
Municipal Home Rule Law § 20; New York State Town Law Article
4, § 64(23); New York State Town Law Article 16; and any
other applicable or successor law, presently in existence or hereinafter
enacted, said adoption to be done to the extent that provisions of
same which exceed those requirements established pursuant to General
Municipal Law (GML) Article 16-A, including § 699-a(1) and
(2), and § 699-b(2), are to be deemed superseded by such
special law pursuant to and in conformance with all of the aforementioned
and via Municipal Home Rule Law § 22.
The provisions of this article shall apply to any change of
zone application, subdivision, resubdivision, site plan or any other
development of land in all zoning districts where five or more residential
lots or dwelling units are proposed, or a mixed-use development that
incorporates five or more residential lots or dwelling units.
A.
For land use applications subject to this section, a minimum of 10%
of all residential lots or dwelling units shall be maintained as affordable
and/or workforce housing units. Of the required 10%, at least half
of such units shall be designated as affordable homeownership housing
or affordable rental housing as defined herein.
(1)
In the case that only one such unit is required, the unit may be
designated as workforce homeownership housing or workforce rental
housing.
B.
For land use applications subject to this section, the applicant
shall receive a density bonus over the density of development. For
land use applications involving Multifamily Residence Districts, the
density bonus shall be based upon the density of development, and
shall not be based upon the proposed density as may be permitted by
code.
C.
The number of affordable and workforce housing units to be provided
shall be determined as part of any Town Board or Planning Board application,
whichever application is processed first.
D.
The provisions of this section shall not apply when an applicant
elects a lesser percentage than the maximum allowable density of development
in effect as of the date of the application.
E.
In lieu of the requirements set forth in this section, the applicant
may seek Town Board approval for an alternate off-site location for
the construction of the required 10% affordable and workforce homeownership
housing units or affordable and workforce rental housing units, provided
the secondary off-site location is within the same school district
as the primary market-rate site. Of the required 10%, at least half
of such units shall be designated as affordable homeownership housing
units or affordable rental housing units as defined herein.
F.
In lieu of the requirements set forth in this section, the applicant
may propose the payment of a fee equal to two times the area median
income for a family of four for Nassau-Suffolk Counties as determined
by HUD for each additional unit which results, or would have resulted,
from the density bonus. If such fee exceeds the appraised value of
each lot resulting from such density bonus, then such fee shall be
equal to the appraised value of the lot or lots for each additional
unit created by the density bonus.
(1)
All fees shall be collected by the Commissioner of Housing and Human
Services and be paid to the Housing Trust Fund for the specific purpose
of financing affordable and workforce housing initiatives that increase
the number of available affordable and workforce housing units, including
but not limited to renovation to existing homes, downpayment assistance,
purchase of land, construction of affordable and workforce homes,
purchase of homes, rent assistance, sewer district extension or connection,
mortgage assistance, purchase subsidies, and planning studies to identify
and implement housing initiatives.
(2)
At the discretion of the Town Board, the Housing Trust Fund may be
used to assist another local government within Suffolk County, pursuant
to an intermunicipal agreement, to be kept in trust and separate and
apart from all other monies of such other local government, for the
specific purpose of constructing affordable and workforce housing,
acquiring land for the purpose of providing affordable and workforce
housing or rehabilitating structures for the purpose of providing
affordable and workforce housing within such other local government.
G.
The following shall be established conditions of approval for affordable
and workforce housing units, whether or not specifically incorporated
into any change of zone, site plan or subdivision approval:
(1)
Unless approved by the Town Board, the units shall not be age-restricted
except in the PRC, PRCHC or PDD Districts.
(2)
Thirty percent of the non-age-restricted units shall have two or
more bedrooms.
(3)
The exterior of the units shall be of consistent design to those
of the rest of the development, as determined by the Planning Board.
The units shall be distributed among market-rate housing, except as
otherwise provided herein.
(4)
Builder's upgrades shall not be permitted in the units.
H.
Covenants and restrictions. To insure continued compliance with this
section, all affordable and workforce housing units shall be subject
to covenants and restrictions that run with the land, and restrict
the sale, resale and rental of such units in accordance with the requirements
of this section. The covenants shall contain any other applicable
restrictions established by the Town Board or Planning Board approval.
(1)
The applicant shall enter into a contract with a local housing group
to administer the affordability of the housing units, and to monitor
the sale, resale and rental of all units for compliance with Town
Code and New York State laws.
(2)
All deeds transferring title to affordable homeownership housing
units and workforce homeownership housing units shall contain a reference
to the Liber and Page of the recorded covenants and restrictions.
(3)
The covenants and restrictions for the affordable homeownership housing
units and workforce homeownership housing units shall not apply and
shall be deemed extinguished in the following three instances:
(a)
When title is transferred by a court-appointed referee to a
commercial bank, savings and loan association, credit union, savings
bank, national bank, 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
(b)
When title is subsequently transferred by said foreclosing institutional
lender to a third party; or
(c)
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.
(4)
Said covenants and restrictions shall be prepared by the applicant
and submitted to the Office of the Town Attorney for approval as to
form and content. Upon approval by the Town Attorney, the applicant
shall record the covenants and restrictions in the Office of the Suffolk
County Clerk, at its own expense, and provide the Commissioner of
Housing and Human Services with a copy of the recorded instrument.
Covenants and restrictions shall be noted on any map or plan signed
by the Chairman of the Planning Board.
A.
Affordable and workforce housing units shall be developed in advance
of or at the same time as market-rate units. The Town may impose such
covenants and restrictions to aid in the enforcement of this section
as it may deem advisable.
(1)
On-site units. In order to ensure that on-site affordable and workforce
housing units are developed in a timely fashion, evidence of compliance
with this section must be provided prior to the issuance of certificates
of occupancy for the final 10% of units approved.
B.
Sale, resale and rental of affordable and workforce housing units.
The applicant shall enter into a contract with a local housing group
to administer the affordability of the housing units, and to monitor
the sale, resale and rental of all units for compliance with Town
Code and New York State laws. Proof of such contract shall be provided
to the Commissioner of Housing and Human Services prior to the issuance
of any certificate of occupancy for any approved dwelling units.
The owner of any rental unit development shall enter into a
contract with a housing group for the continued monitoring and maintenance
of units designated as affordable and workforce rental housing units.
Proof of such contract shall be submitted to the Commissioner of Housing
and Human Services prior to the issuance of any certificates of occupancy.
B.
Affordable rental housing units. In developments where the units
are specifically approved for rental, the monthly rental price shall
be no greater than 30% of 50% of the HUD area median income for Nassau-Suffolk
Counties in effect at the time of the execution of the lease agreement
based on the expected occupancy of the unit, provided all utilities
are included in the rental price. If all utilities are not included,
the monthly rental price shall be no greater than 30% of 50% of the
HUD area median income for Nassau-Suffolk Counties based on expected
occupancy of the unit reduced by the monthly utility allowance in
effect at the time the lease agreement is executed. Nothing herein
shall supersede any state or federally sponsored rental subsidy guidelines.
C.
Workforce rental housing units. In developments where the units are
specifically approved for rental, the monthly rental price shall be
no greater than 30% of 65% of the HUD area median income for Nassau-Suffolk
Counties in effect at the time of the execution of the lease agreement
based on the expected occupancy of the unit, provided all utilities
are included in the rental price. If all utilities are not included,
the monthly rental price shall be no greater than 30% of 65% of the
HUD area median income for Nassau-Suffolk Counties based on expected
occupancy of the unit reduced by the monthly utility allowance in
effect at the time the lease agreement is executed. Nothing herein
shall supersede any state or federally sponsored rental subsidy guidelines.
D.
Financial qualifications of prospective tenants.
(1)
In order to qualify as an eligible lessor of an affordable rental
housing unit, the household income shall be calculated at or below
50% of the HUD area median income for Nassau-Suffolk Counties based
on family size.
(2)
In order to qualify as an eligible lessor of a workforce rental housing
unit, the household income shall be calculated at or below 80% of
the HUD area median income for the Nassau-Suffolk Counties based on
family size.
(3)
No lease shall be transferred or assigned.
E.
Prior to occupancy of a leased unit, a copy of the executed lease
agreement shall be provided to the housing group, along with an executed
and sworn affidavit by the landlord and tenant, attesting that the
lease agreement is true and accurate, that there are no other agreements
between the parties, and that the tenant has not and will not pay
any amounts to the landlord that are not reflected in the lease agreement.
A.
The developer of any homeownership housing units shall enter into
a contract with a housing group to monitor the sale of all units designated
as affordable and workforce homeownership housing units. Any homeowners'
association, condominium board or co-op board shall enter into a contract
with a housing group to monitor the resale of all units designated
as affordable and workforce homeownership housing units. Proof of
such contract shall be submitted to the Commissioner of Housing and
Human Services prior to the issuance of any certificates of occupancy.
(1)
Initial contract sale price.
(a)
The maximum initial contract sale price for an affordable homeownership
housing unit shall be an amount equal to 80% of the current HUD area
median income for Nassau-Suffolk Counties for a family of three multiplied
by 2.5.
(b)
The maximum initial contract sale price for a workforce homeownership
housing unit, after any available subsidies, shall be an amount equal
to 120% of the current HUD area median income for Nassau-Suffolk Counties
for a family of three multiplied by 2.5.
(2)
Resale price.
(a)
The initial sale price for each affordable and workforce homeownership
housing unit shall be increased annually by the Consumer Price Index
from the date of the initial contract up to the time that notice of
resale is provided.
(b)
Notwithstanding any other provision to the contrary, the resale
price of an affordable and workforce homeownership housing unit may
be increased by an amount not to exceed 100% of the documented capital
improvements made by the seller, as approved by the housing group,
up to a maximum amount of $20,000.
(c)
All contracts of sale must be submitted to the Commissioner
of Housing and Human Services prior to execution for review and written
approval of the resale price.
B.
Ownership type. Units shall be owner-occupied and shall be the owner's
primary residence. The owner shall be prohibited from renting the
unit.
C.
Financial qualifications of prospective purchasers/owners.
(1)
Purchase price.
(a)
Affordable homeownership housing units. In developments where
the units are specifically approved for homeownership, the purchase
price shall be no greater than the purchase price affordable to those
with household incomes at or below 80% of the area median income based
on family size for Nassau-Suffolk Counties as determined annually
by the Federal Department of Housing and Urban Development ("HUD")
at the time of the execution of the contract of sale.
(b)
Workforce homeownership housing units. In developments where
the units are specifically approved for homeownership, the purchase
price shall be no greater than the purchase price affordable to those
with household incomes at or below 120% of the area median income
based on family size for Nassau-Suffolk Counties as determined annually
by the Federal Department of Housing and Urban Development ("HUD")
at the time of the execution of the contract of sale.
(2)
Assets.
(a)
For non-age-restricted housing, applicants may not have assets
that, after deduction of the downpayment and estimated closing costs,
exceed 25% of the contract sale price.
(b)
For age-restricted housing, applicants may not have assets that,
after deductions of downpayment and estimated closing costs, exceed
two and a half times the contract sale price.
(3)
Credit. Applicants must have adequate credit to qualify for a home
mortgage if the applicant(s) is not able to establish sufficient funds
to pay the purchase price and estimated closing costs.
(4)
Counseling. All applicants shall be required to attend pre-purchase/mortgage
counseling provided by the housing group.
(5)
Approval.
(a)
In homeownership developments with a homeowners' association,
condominium board or co-op board, all purchasers must be qualified
by the housing group and selected from a waiting list, if any. Any
individual interested in selling an affordable or workforce homeownership
housing unit must notify the housing group in writing that such unit
is for sale. The housing group may notify the prospective seller of
the next qualified applicant in the order of their appearance on the
waiting list until a qualified purchaser has agreed to purchase the
available unit.
(b)
In the event there is no waiting list, the seller shall be obligated
to find its own purchaser who is subject to the provisions set forth
herein and the homeowner shall refer the purchaser to a housing group
to confirm income eligibility requirements. If after 12 months of
active real estate marketing for sale the homeowner has not found
a qualified purchaser, the homeowner may make an application to the
Town Board for relief of covenants required pursuant to this section
to sell such unit at market rate to a non-qualified purchaser. Upon
approval of such relief, the homeowner shall enter into an agreement
with the Town that states that the difference between the final market-rate
sale price and the allowable affordable sale price per the Consumer
Price Index (CPI) shall be deposited in the Housing Trust Fund.
(c)
In homeownership developments where no homeowners' association,
condominium board or co-op board exists, the homeowner of an affordable
or workforce homeownership housing unit may contract with a housing
group to find eligible purchasers. Should the homeowner find a purchaser
without contracting with a housing group, the seller shall be obligated
to find its own purchaser who is subject to the provisions set forth
herein and the homeowner shall refer the purchaser to a housing group
to confirm income eligibility requirements.
(d)
Prior to closing, a copy of the executed contract of sale shall
be provided to the housing group 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 purchaser, and that the purchaser has not and will
not pay any amounts to the seller that are not reflected in the contract
of sale.
A.
Rental housing units. The housing group shall annually reexamine
or cause to be reexamined the eligibility of each affordable and workforce
rental housing unit occupant household.
(1)
The housing group shall, on an annual basis, notify the owner or
manager of the rental units, in writing, as to the rent, sales and
income eligibility requirements for affordable and workforce rental
housing units based upon figures derived from the preceding year,
in accordance with this chapter, unless otherwise provided for under
applicable statute, local law, or ordinance.
(2)
Tenant certification. The housing group shall certify tenants annually
as to their income-eligibility and conformity with the provisions
of this chapter.
(3)
Owner certification. The owner or manager of rental units reserved
for income-eligible households shall, on an annual basis, certify
in writing to the Commissioner of Housing and Human Services, or its
agent, that occupancy of all affordable and workforce rental housing
units complies with the provisions of this chapter.
(4)
The housing group shall file with the Commissioner of Housing and
Human Services a list of owners or managers of record for said affordable
and workforce rental housing units that have failed to comply with
the owner certification provisions of this section.
B.
Homeownership housing units. The housing group shall annually reexamine
or cause to be reexamined the ownership and occupancy of each affordable
and workforce homeowner housing unit.
(1)
The housing group shall, on an annual basis, submit a written request,
to the owner of units reserved for income-eligible households, concerning
compliance with applicable provisions of this chapter, and restrictive
covenants governing affordable and workforce homeowner housing unit
ownership restrictions.
(2)
The housing group shall file with the Commissioner of Housing and
Human Services a list of owners of record for said affordable and
workforce homeownership housing units that have failed to comply with
the owner certification provisions of this section.
(3)
The housing group shall confirm compliance with affordable and workforce
homeownership housing unit ownership restrictions upon resale or transfer
of such unit.
Change of zone applications approved and effective, and/or land use applications that have been deemed complete by the Division of Planning, Environment and Land Management prior to the effective date of §§ 85-166 through 85-173 shall be exempt from the provisions herein, except that any approval shall require a minimum of 10% of all residential lots or dwelling units to be maintained as affordable and/or workforce housing units.
If any clause, sentence, paragraph, section or item of §§ 85-166 through 85-173 shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not impair nor invalidate the remainder hereof; but such adjudication shall be confined in its operation to the clause, sentence, paragraph, section or item directly involved in the controversy in which such judgment shall have been rendered.
