[HISTORY: Adopted by the Board of Trustees of the Village
of New Paltz 2-25-2015 by L.L.
No. 5-2015.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 132,
Housing, Affordable, adopted 5-17-2006 by L.L. No. 10-2006, as amended.
This chapter shall be known as "Chapter 132, Housing, Affordable," and may be cited as the "Village of New Paltz Affordable Housing Law."
A.
The Village Board of Trustees shall establish a Village Housing Board
which shall be responsible for the administration of the Affordable
Housing Program and the housing units created under the program.
B.
The Village Housing Board will be composed of five members appointed
by the Mayor and subject to the approval of the Village Board of Trustees.
The term of each appointment after the appointment and establishment
of the first Housing Board shall be three years. The first appointments
of the Village Board to the Housing Board shall be staggered as follows:
one member appointed for one year, two for two years, and two for
three years. On expiration of these terms of appointment, members
will be appointed for three-year terms of office. Vacancies are to
be reported to the Village Board.
[Amended 11-9-2022 by L.L. No. 2-2022]
C.
The Housing Board shall have the following responsibilities:
(1)
Acceptance and review of applications submitted for affordable housing
(AH) units. A receipt and reference number shall be issued to the
applicant by the Housing Board no later than three business days after
receipt of a completed application is confirmed at a meeting of the
Housing Board.
(2)
Maintenance of an eligibility priority list as well as certification
of applications placed on the eligibility priority list according
to the provisions of this chapter. Eligibility priority lists will
be reviewed at least annually. An applicant on an eligibility priority
list will receive a letter from the Housing Board, sent to his/her
address set forth on his/her application, requesting that the applicant
confirm the applicant's intention to remain on the eligibility priority
list and certifying to the Housing Board that his/her total family
income complies with the criteria established in this chapter and
with the information provided on his/her application. Such inquiries
may be sent as deemed necessary or proper by the Housing Board.
(3)
Certify as eligible all applicants for rental or sales of AH units
and annually re-examine, or cause to be re-examined, each renter occupant's
family income and assets. Within 90 days of the adoption of this chapter,
and on or before March 30 of each year thereafter, the Housing Board
shall notify the owner or manager of each multifamily development
containing AH units as to the rent, sales and income eligibility requirements
for such units derived from the preceding calendar year, together
with a copy of this chapter. The owner or manager of each multifamily
development shall certify to the Housing Board within 30 days of receipt
of such notification, or on or before May 31 of each year, whichever
is later, that the current rental or sales prices and income eligibility
of all AH units and their occupants comply with the criteria established
in this chapter.
(4)
Provide an annual report to the Village Board, documenting current
housing needs indicating:
(5)
Take any other action and promulgate rules to effectuate the purpose
of this chapter, subject to approval of the Village Board, which are
not contrary to this or any other chapter of the New Paltz Code, and
to make recommendations to the Village Board as to policies or local
laws which in its view would advance the purposes of this chapter.
A.
Qualifying developments; density bonus. Applicants who propose a
qualifying development under this chapter are required to set aside
at least 10% of all units for the affordable housing needs of the
Village. A "qualifying development" shall be defined as a proposal
to develop 10 or more dwelling units ("base density") for sale or
rent, whether on one or more contiguous parcels, wherein the applicant
can demonstrate to the satisfaction of the Village Attorney and Village
Engineer that the base density can be accomplished in accordance with
existing bulk and area requirements for the zoning district in which
it is situated. When the base density calculation is not a whole number,
it will be rounded up to the next whole number. Where the applicant
proposes to provide more than 10% of the units of a qualifying development
as AH units, the applicant shall be entitled to increased total density
equal to the number of additional AH units proposed over 10% on a
one-for-one basis ("density bonus market rate units").
Calculation Example: By way of example, if an applicant proposes
a base density of 20 units, the developer is only required to provide
two AH units. If, instead, the developer proposes four AH units, or
20%, then the developer has proposed a base density of 20 units, with
16 market rate units and four AH units, thus exceeding the number
of required AH units by two units. The developer then qualifies for
two additional market rate units, resulting in a total density of
22 units (16 market rate base density units + 4 AH units + 2 density
bonus market rate units).
B.
Approval. Where a qualified development would require site plan,
special permit, subdivision, or variance approval, the application
shall be made to the appropriate board or boards as the Code would
otherwise require, and, except where modified by this chapter, shall
be processed in accordance with the procedures set forth in the Village
Code for such applications. Notwithstanding the foregoing, where the
proposed total density is more than 30% of the base density, the application
shall first be made to the Village Board, which shall in such cases
render conceptual approval of the proposed project. In such cases,
the Village Board shall thereafter refer the application to the Planning
Board for its review and determination as to site plan, special permit
and/or subdivision, which review shall be undertaken by the Planning
Board in accordance with the Village Code and all applicable laws,
rules and regulations, including SEQRA, for such applications as if
the application had been made directly to the Planning Board, subject
to payment by the applicant of all appropriate application fees and
escrow deposits. The Village Board shall be empowered to modify the
bulk and area requirements of this chapter and the Village of New
Paltz Zoning Code to accommodate approved bonus density where it is
found that to do so would advance the interests of this chapter without
significantly adversely impacting the health, safety and welfare of
the community. The applicant shall be entitled to waiver of 50% of
the recreation fee attributable to the creation of AH units.
C.
Exemptions.
(1)
Projects in the Village proposed and funded in accordance with the standards of a federal or state affordable housing program and subject to a verifiable regulatory compliance agreement to ensure affordability shall be exempt from the requirements of this chapter, except that the provisions of § 132-3B concerning modified bulk and area requirements and recreation fee waiver shall apply.
(2)
Projects in the Village approved under Article 46 of the Public Health
Law of New York State as continuing-care retirement communities shall
be exempt from the requirements of this chapter.
D.
Integration of units. All AH units shall be physically integrated
into the design of the subdivision or development. AH units shall
be constructed to the same quality standards as market-rate units,
and they shall include a comparable number of bedrooms. The exterior
finishes of AH units shall be indistinguishable from all other units.
The developer may, however, propose different appliances and interior
hardware where such substitutions would not adversely impact the habitability
of the unit. All AH units shall be physically distributed throughout
the subdivision or development in the same proportion as other housing
units.
F.
At the time of sale or lease, the following schedule of occupancy
shall apply to AH units:
|
Number of Persons
| |||
|---|---|---|---|
|
Number of Bedrooms
|
Minimum
|
Maximum
| |
|
Efficiency
|
1
|
1
| |
|
1
|
1
|
2
| |
|
2
|
2
|
4
| |
|
3
|
3
|
6
| |
|
4
|
4
|
8
| |
A.
To qualify for rental housing, family income must be at or below
60% of the Ulster County median income adjusted for family size. To
qualify for purchased housing, family income must be at or below 100%
of the Ulster County median income adjusted for family size.
B.
The Housing Board shall require complete disclosure of all income
and assets. Family income shall include the gross income from all
sources for all family members, utilizing the latest federal income
tax returns, in addition to full disclosure of assets. Non-income-producing
assets may be assigned an income-producing value and deemed income
by the Housing Board. Complete disclosure of income and assets is
to be made on forms and/or applications provided by the Housing Board.
Full income and asset disclosure is the responsibility of the applicant
and is to be provided to the Housing Board with a notarized certification
of accuracy and completeness of all information provided.
C.
For the purposes of these regulations, "family" shall be defined
as it is applied by HUD at the time of the application submission.
D.
For the purposes of these regulations, family income shall exclude
any earned income from a minor or full-time student, up to a maximum
of $5,000.
E.
Applicants for AH 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.
F.
In the case of an owner-occupied AH unit, title to said property
shall be restricted so that in the event of any resale by the owner
or any successor, the resale price shall not exceed the then-maximum
sales price for said AH unit, regardless of improvement or condition.
G.
All personal and financial information submitted by applicants shall
be kept confidential by the Village and shall not be subject to disclosure
under New York's Freedom of Information Law. Disclosure of such information
shall only be made pursuant to the laws, rules and regulations of
any local, federal or state agency having jurisdiction over affordable
housing matters or by a so-ordered subpoena issued by a court of competent
jurisdiction.
A.
The maximum sales price for an AH unit shall not exceed two times
the maximum family income allowed for eligibility for a moderate-income
family, as defined in this chapter, for the maximum-size family eligible
for such units as specified in this chapter.
B.
Maximum monthly rent; lease.
(1)
The maximum monthly rent for an AH 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 HUD
for the Kingston Metropolitan Statistical Area (MSA).
(2)
A two-year lease shall be offered to all tenants of moderate-income
housing units available on a rental basis.
A.
Resale requirements.
(1)
All AH units shall contain a deed or share restriction providing
that in the event of any resale by the owner or any successor, the
resale price shall not exceed the then-maximum sales price for said
unit, as determined in this chapter, or the sum of:
(a)
The net purchase price (i.e., gross sales prices minus subsidies)
paid for the unit by the selling owner, increased by the percentage
increase, if any, in the Consumer Price Index for Wage Earners in
Ulster County, as published by the United States Bureau of Labor Statistics
(the "Index") on any date between:
[1]
The month that was two months earlier than the date on which
the seller acquired the unit; and
[2]
The month that is two months earlier than the month in which
the seller contracts to sell the unit. If the Bureau stops publishing
this Index, and fails to designate a successor index, the Village
Board shall designate a substitute index; and
(b)
The cost of major capital improvements made by the seller of
the unit during his/her ownership period evidenced by paid receipts
depreciated on a straight-line basis over a fifteen-year period from
the date of completion.
(2)
Notwithstanding the foregoing, in no event shall the resale price
exceed an amount affordable to a household at 100% of area median
income at the time of the resale.
B.
Lease renewal requirements. As long as a household remains eligible
and has fully complied with all the terms of the lease, said household
shall be offered renewal leases for a term of no more than one year
each. At the time of renewal, a tenant shall resubmit all financial
information required by the Housing Board to determine continued income
eligibility. A lease shall not be renewed in instances where a tenant's
income has risen above the qualifying limit, subject to review by
the Housing Board, and such tenants shall be given one year within
which to relocate. Renewal of a lease shall be subject to the conditions
of federal, state or county requirements that may be imposed by the
terms of the original development funding agreements for the development
or to the provisions of other applicable local law. If no such provisions
are applicable and if a household's annual gross income should subsequently
exceed the maximum then allowable, as defined in this chapter, then
said household may complete its current lease term and shall be offered
a market-rate rental unit available in the development at the expiration
of such lease term, if available. If no such dwelling unit shall be
available upon lease expiration, the resident may be allowed to sign
one additional six-month lease for the AH unit he or she occupies
at market rate but shall not be offered a renewal of the lease beyond
the expiration of said term.
C.
All tenants of rental AH units shall be required to verify their
family incomes upon renewal of their leases. If the tenant's family
income exceeds 80% of the county area median income at the time of
any renewal, the lease shall be renewed, but not for more than six
months in length at the tenant's option, during which renewal period
the rent may be adjusted to market rate. Upon expiration of such renewed
lease, the tenant shall be required to vacate the AH unit unless at
that time there is no eligible renter on the Board's eligibility list
who is ready, willing and able to take tenancy and the present tenant
meets the eligibility standards at that time. The tenant shall be
notified of such a requirement prior to signing a lease, and a clause
setting forth this requirement shall be included in the lease.
The limited rental income and/or sales value of AH units shall
be taken into consideration by the Town Assessor in determining the
full value basis for assessments on such units.
All AH units shall be occupied by the qualified person(s) owning
or renting such units. All eligible applicants who are owners of any
other residences shall satisfy the Housing Board that they have divested
themselves of any other residences prior to the purchase of an AH
unit. For the purposes of this section, real estate used by the applicant
to derive income shall be excluded from this requirement. Such income
is to be calculated in determining the applicant's gross annual family
income. Notwithstanding the foregoing, it is intended that lenders
retain all of their rights in foreclosure such that a lender may take
title to the premises for the limited purpose of transferring title
to or leasing of such premises only to a purchaser or lessee qualified
under and pursuant to this chapter.
A.
The eligibility priority list shall be established as follows. Applicants
may be awarded the indicated point(s) for each category for which
they qualify:
|
Category
|
Point Value
| |
|---|---|---|
|
Current or former New Paltz Village or Town resident
| ||
|
Current 6 months to 1 year resident
|
1
| |
|
Current 1+ years to 2 years resident
|
2
| |
|
Current 2+ years to 3 years resident
|
3
| |
|
Current 3+ years to 5 years resident
|
4
| |
|
Current 5 or more years resident
|
5
| |
|
Current New Paltz resident, 65 years of age or older
|
1
| |
|
Former resident of Village, with aggregate prior residency of
at least 2 years
|
1
| |
|
Village of New Paltz municipal employee; full time or qualified
retiree, minimum of 24 months
|
1
| |
|
New Paltz Police, part time or full time, with a minimum of
at least 24 months' aggregate service for full time, or 24 months'
consecutive service for part time
|
1 per qualifying category
| |
|
New Paltz School District or BOCES full time employee with a
minimum of at least 24 months' aggregate service
|
1
| |
|
New Paltz Rescue Squad member in good standing as certified
by NPRS with a minimum of at least 24 months' aggregate service
|
1
| |
|
Active duty U.S. military veteran
|
1
| |
|
Physically and/or mentally disabled resident of Village with
at least 50% disability as verified by a physician
|
1
|
B.
Nothing contained herein shall be construed to allow the foregoing
priorities to supersede the requirements of the federal fair housing
standards. If there is any conflict between these priority assignments
and the federal fair housing standards, the federal fair housing standards
shall prevail. Where such a conflict exists, the priority points system
may be used to prioritize between two or more applicants identically
situated under the federal fair housing standards.
A.
Ownership of an AH unit shall be on a fee-simple, condominium or
cooperative basis, and title to the same shall vest in the eligible
purchaser either individually, as joint tenant with other eligible
purchasers or as tenants by the entirety. AH rental units may be owned
by individuals or corporations, who or which will offer such units
at rent levels which conform to the criteria established by the Village
Board. The deed of ownership of any AH unit shall contain a covenant
and restriction that ownership, rental and sale are subject to the
moderate-income housing provisions of the Code of the Village of New
Paltz, as amended from time to time, and that such provisions include
restrictions on occupancy and resale.
B.
Upon the death of the last of the eligible owners of an AH unit,
the executor or administrator of the estate of the deceased owner
shall place the AH unit for resale on the basis as set forth herein.
In no event shall the beneficiaries of the estate, distributees or
heirs at law of the deceased owner be entitled to occupy the AH unit
or be entitled to ownership status, unless the eligibility provisions
of these regulations are separately adhered to and complied with.
C.
Under no circumstances shall an AH unit, whether available for ownership
or on a rental basis, be offered for rental, lease, sublease, boarding,
timeshare or any other basis whereby persons other than the eligible
owners and qualifying family members reside in the AH unit on either
a temporary (more than one week) or permanent basis.
D.
All requirements of this section and of this chapter are to be memorialized
in covenants and deed restrictions imposed on AH units in a form and
content acceptable to the County Clerk for recording and approved
by the Village Attorney.
A.
Prior to engaging in any nonemergency repair or rehabilitation of
an AH unit requiring a building permit, the owner shall first obtain
the written permission and approval of the Housing Board. In the case
of emergency structural repairs, such repairs must be approved by
the Village Building Inspector, and the Building Inspector shall be
responsible for inspecting the repair work when completed and for
notifying the Housing Board when said work is completed. Under no
circumstances shall the Housing Board or any other Board of the Village
of New Paltz approve any addition in size to the structure. The original
square footage of the unit shall be maintained throughout the unit's
existence.
B.
All AH units shall be maintained at the standard up to the original
builder's specification level. At the time of resale, the Housing
Board shall be authorized to: 1) determine the expense of repairs;
2) examine the unit for conditions indicative of owner neglect; and
3) reasonably return the unit to its original condition; said assessment(s)
and determinations shall be deducted from that portion of the selling
price reverting to the seller of the unit, unless such remedial work
is performed prior to ownership transfer by the seller with the prior
approval of the Housing Board.
A.
This procedure shall apply to the filling of all new units and the
filling of units that become vacant.
B.
The following steps shall be followed to choose the applicant for
the available unit:
(1)
The Housing Board shall canvass the eligibility list for qualified
applicants with a family size in the range allowed for the available
unit, as per the occupancy schedule in this chapter, and create a
priority list for each size unit. Applicants may be on more than one
priority list so long as they meet the criteria for eligibility for
the size of the unit.
(2)
The highest-priority applicant with the earliest received application
will be selected. If two or more applications from this list were
submitted on the same day, then a lottery shall determine the selected
applicant, drawn by the Chair.
(3)
The selected applicant shall be notified by the Board of the available
unit and its rental or sales price. The applicant will be directed
to provide documentation necessary to verify the applicant's family
income eligibility and priority as per this chapter. The selected
applicant must respond within 10 business days of his/her intent to
occupy the available unit and with the documentation requested. This
documentation shall be verified by the Housing Board and kept by the
Village Clerk for the length of the tenant's occupancy in the AH unit.
(4)
If the selected applicant rejects the offer, cannot provide the necessary
documentation, or does not respond in the time specified, the Housing
Board shall choose the next available applicant in the same manner.
An applicant rejecting a particular offer of an AH unit shall maintain
his position on the eligibility priority list for the duration of
that list, unless the applicant fails to meet the eligibility requirements
at the time of the offer. Notwithstanding the foregoing, an applicant
who rejects an offer, despite remaining eligible, or who fails to
respond to the offer, on three occasions, shall be removed from the
list.
The Housing Board may delegate or partner with any local, state
or federal agency to accomplish the requirements and administration
of this chapter, with the prior approval of the Village Board.
The Village Board or the Village Building Inspector may institute
a proceeding in New York State Supreme Court to enforce compliance
with this chapter against developers, applicants, owners, or tenants
of the AH units and the developments in which they are situate, including
relief at law or equity.
The Village Board of Trustees shall review and decide appeals
from any determination of the Housing Board. Applicants requesting
an appeal must do so, in writing, within 10 business days of receipt
of the determination of the Housing Board from which the appeal is
filed. The Village Board of Trustees shall render its decision within
30 days thereafter.
