[Amended 12-14-2021 by L.L. No. 68-2021; 10-8-2024 by L.L. No. 46-2024]
The Huntington Town Board has long promoted the creation of affordable housing whenever rezoning of property results in an increase in the lot yield or density allowance of land, and when development in commercial or industrial areas provide new opportunities for the addition of affordable housing. For these reasons the Board supports the creation of additional opportunities for affordable housing by adopting the County's Workforce Housing Act. The Board recognizes that the establishment of quality affordable housing opportunities of rental and equity units for individuals and families eases a long-standing housing deficit, maximizes the use of limited land resources and the existing infrastructure, and promotes economic growth by assisting low and moderate income individuals and families to obtain home ownership. The Board also recognizes that increasing the supply of modestly priced housing is an important tool in reducing poverty, increasing self-sufficiency, and maintaining a local workforce in our community.
(A) 
Word usage. Whenever used in this chapter, words used in the singular include the plural and vice versa.
(B) 
Definitions. As used in this Chapter, the following terms shall have the meanings indicated.
DENSITY BONUS
For the purpose of Article V (Long Island Workforce Housing Act), the term Density Bonus shall be calculated and defined as in § 699-a of the General Municipal Law.
[Amended 12-14-2021 by L.L. No. 68-2021]
FIRST-TIME HOMEBUYERS
As defined by the Department of Housing and Urban Development (HUD).
WORKFORCE HOUSING
Housing for individuals and families with an annual household income which does not exceed the income levels set forth in § 74-22 and § 74-48.
[Amended 9-13-2022 by L.L. No. 24-2022]
(A) 
Rent, lease or sublease. It shall be unlawful and a violation of this Chapter for an owner or lessee of an affordable housing unit, or his agent, to lease, rent, sublease, or offer to lease, rent, or sublease the affordable unit. It shall be immaterial whether or not rent or any other consideration or form of compensation is paid or tendered to the owner or lessee by the occupant of such dwelling unit.
(B) 
Transfer ownership or possession. It shall be unlawful and a violation of this Chapter to transfer ownership, possession or occupancy of an affordable or workforce housing unit by will, devise, intestacy, gift, purchase on the open market, or by any means other than as set forth in this Chapter.
(C) 
Conversion of space. It shall be unlawful and a violation of this Chapter for the owner or lessee of an affordable or workforce housing unit to increase the gross floor area of the unit or convert the basement, garage, or attic into habitable space.
(D) 
Cessation of use. It shall be unlawful and a violation of this Chapter for an occupant of an affordable or workforce housing unit to neglect or fail to notify the affordable housing administrator of the owner's or lessee's death, or that the affordable unit is no longer being used by the owner or lessee as his or her domicile, so that the unit can be offered for sale or lease to the next eligible applicant.
(E) 
Failure to file; false affidavit. It shall be unlawful and a violation of this Chapter for the owner of an affordable or workforce housing unit to fail to provide the required Affidavit(s) and Disclosure Statement(s), or to submit for filing a false or misleading Affidavit and/or Disclosure Statement to the Huntington Community Development Agency or other housing administrator when requested pursuant to § 74-21(C).
[Added 1-12-2021 by L.L. No. 6-2021]
(A) 
Purpose. The provisions of this section are intended to maintain the public's confidence and perception of fairness by eliminating the potential appearance of impropriety in the Town of Huntington affordable housing programs administered by the Huntington Community Development Agency ("HCDA") and set forth in this Chapter.
(B) 
Huntington Community Development Agency Employees.
(1) 
No employee of the HCDA shall be permitted to apply for, or be approved to lease or own, an affordable housing unit of a Town of Huntington affordable housing program, while employed by the HCDA.
(2) 
No former employee of the HCDA for a period of three (3) years after leaving employment shall be permitted to apply for, or be approved to lease or own an affordable housing unit of a Town of Huntington affordable housing program, if that former employee had been involved in decisions concerning the affordable housing development that is the subject of the application or approval process, as determined by the HCDA Director.
[Amended 8-6-2024 by L.L. No. 30-2024]
(3) 
This section shall not be construed to prevent:
(a) 
a HCDA employee who, as of the effective date of this section, has been approved to lease or own a Town of Huntington affordable housing unit but who has not executed a lease or contract of sale, from proceeding to lease or own such a unit;
(b) 
a HCDA employee who, as of the effective date of this section, is leasing or owns a Town of Huntington affordable housing unit, from continuing to do so;
(c) 
an individual who has been approved to lease or own a Town of Huntington affordable housing unit prior to being hired by the HCDA, from proceeding to lease or own such a unit, even if the execution of the lease or contract of sale occurs after the individual is hired by the HCDA; or
(d) 
an individual who leases or owns a Town of Huntington affordable housing unit prior to being hired by the HCDA, from continuing to do so, after that individual becomes hired by the HCDA.
(4) 
Procedure.
[Amended 8-6-2024 by L.L. No. 30-2024]
(a) 
The HCDA's application forms shall require the applicant to state whether as of the date of the application the applicant is employed by the HCDA, or had been employed by the HCDA and involved in decisions concerning the affordable housing development that is the subject of the application or approval process.
(b) 
The HCDA shall reject any application indicating that the applicant is employed by the HCDA, or had been employed by the HCDA for less than a period of three (3) years and involved in decisions concerning the affordable housing development that is the subject of the application or approval process.
(c) 
Prior to approving an applicant to enter into a lease or contract of sale with respect to a Town of Huntington affordable housing unit, the HCDA shall verify whether the applicant is an employee of the HCDA, or a former employee of less than three (3) years and was involved in decisions concerning the affordable housing development that is the subject of the application or approval process.
(d) 
If in the course of the HCDA's normal approval processes a person then-employed by the HCDA, or a former employee of the HCDA for a period of less than three (3) years and was involved in decisions concerning the affordable housing development that is the subject of the application or approval process, is slated to be offered the opportunity to lease or own a Town of Huntington affordable housing unit, that current or former HCDA employee shall be deemed ineligible, and such opportunity to lease or own shall be offered to the next person in the normal course of the HCDA's procedures.
(C) 
Certain Town of Huntington Employees.
(1) 
No current employee of the Town of Huntington or former employee for a period of three (3) years after leaving employment shall be permitted to apply for an affordable housing unit of a Town of Huntington affordable housing program, if that current or former employee of less than three (3) years had been involved in decisions concerning the affordable housing development that is the subject of the application or approval process, as determined by the HCDA Director.
[Amended 8-6-2024 by L.L. No. 30-2024]
(2) 
No current employee of the Town of Huntington or former employee for a period of 3 years after leaving employment shall be approved to lease or own an affordable housing unit of a Town of Huntington affordable housing program, if that current or former employee was involved in decisions concerning the affordable housing development that is the subject of the application or approval process, as determined by the HCDA Director.
[Amended 8-6-2024 by L.L. No. 30-2024]
(3) 
This section shall not be construed to prevent:
(a) 
a current Town of Huntington employee who, as of the effective date of this section, has been approved to lease or own a Town of Huntington affordable housing unit but who has not executed a lease or contract of sale. from proceeding to lease or own such a unit;
(b) 
a Town of Huntington employee who, as of the effective date of this section, is leasing or owns a Town of Huntington affordable housing unit, from continuing to do so;
(c) 
an individual who has been approved to lease or own a Town of Huntington affordable housing unit prior to being hired by the Town of Huntington, from proceeding to lease or own such a unit, even if the execution of the lease or contract of sale occurs after the individual is hired by the Town of Huntington; or
(d) 
an individual who leases or owns a Town of Huntington affordable housing unit prior to being hired by the Town of Huntington, from continuing to do so, after that individual becomes hired by the Town Huntington.
(4) 
Procedure.
[Amended 8-6-2024 by L.L. No. 30-2024]
(a) 
The HCDA's application forms shall require the applicant to state whether as of the date of the application the applicant is or was employed by the Town of Huntington and involved in decisions concerning the affordable housing development that is the subject of the application or approval process.
(b) 
The HCDA shall reject any application indicating that the applicant is or was employed for a period of less than three (3) years by the Town of Huntington and involved in decisions concerning the affordable housing development that is the subject of the application or approval process.
(c) 
Prior to approving an applicant to enter into a lease or contract of sale with respect to a Town of Huntington affordable housing unit, the HCDA shall verify whether the applicant is either a current or former employee of less than three (3) years of the Town of Huntington who is or was involved in decisions concerning the affordable housing development that is the subject of the application or approval process.
(d) 
If in the course of the HCDA's normal approval processes a current or former employee for a period of less than three (3) years of the Town of Huntington who has been involved in decisions concerning the affordable housing development that is the subject of the application or approval process, is slated to be offered the opportunity to lease or own a Town of Huntington affordable housing unit, that person shall be deemed ineligible, and such opportunity to lease or own shall be offered to the next person in the normal course of the HCDA's procedures.