[Added 6-11-1991; amended 7-13-1993 by L.L. No. 4-1993; 12-20-1994 by L.L. No. 6-1994; 5-14-1996 by L.L. No. 3-1996; 2-25-1997 by L.L. No. 1-1997; 1-20-1998 by L.L. No.
2-1998; 9-11-2012 by L.L. No. 6-2012]
The purpose of this article is to provide standards for regulation of moderate-income housing (MIH) units (limited to those existing prior to January 1, 2012, as set forth in the definition for moderate-income housing dwelling in § 250-5 of this chapter) and affordable housing dwellings in the Town, including income eligibility, area requirements, maximum sales price of units, ownership of units, resale of units, maintenance and repair of units, maximum rent levels, etc. In addition, this article establishes a Town Housing Board which is empowered with the authority to implement and oversee the MIH and affordable housing programs, pursuant to a set of guidelines which are also included in this article.
[Amended 8-28-2018 by L.L. No. 6-2018]
A.
The Town Housing Board will be composed of a Chairman and four members
appointed by the Town Board. All are to be residents of North Salem.
Members are appointed for three-year terms. Initially, one member
is to be 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 full three-year terms of office. This procedure assures
staggered expiration of terms, providing stability and continuity
for the Town Housing Board.
B.
The Housing Board shall have the following responsibilities:
(1)
MIH units for purchase or rent:
(a)
Acceptance and review of applications for MIH units for purchase
or rent. Applications will be accepted for evaluation and placement
on the eligibility list following public notice of the availability
of such dwelling units. Applications shall be submitted by registered
mail, return receipt requested, to the Housing Board Chairman, Town
Hall, North Salem, New York 10560. A receipt and reference number
shall be issued upon receipt of an application for consideration by
the Housing Board.
(b)
The Housing Board shall select a candidate from the eligibility
list for the purchase or rent, as the case may be, of an available
MIH unit by lottery. The selected candidates shall reply to an offer
to purchase or rent an available MIH unit within a period of time
stipulated by the Housing Board or forfeit his or her opportunity
to purchase or rent the available MIH unit. An applicant's rejection
of an offer shall be designated in writing and kept on file in the
Town Clerk's office for a minimum of three years. An applicant rejecting
a particular offer of an MIH unit shall not thus forfeit future offers,
provided he or she remains eligible.
(c)
Establishment of a lottery for selecting applicants.
(d)
Establishment of the maximum purchase price or rent of an MIH unit. The maximum gross purchase price or rent shall be established in accordance with the standards set forth in § 250-129 of this chapter.
(e)
Monitoring of MIH units to ensure continued adherence to the
standards of affordable eligibility.
(2)
Affordable housing dwellings for purchase or rent:
(a)
Acceptance and review of applications submitted for affordable housing dwellings, including those for purchase or for rent. Applications will be accepted for evaluation following public notice of the availability of such dwelling units. Applicants may apply for any or all available affordable housing dwellings simultaneously. Applications shall be submitted and processed according to the marketing provisions set forth in § 250-133 of this chapter.
(b)
Establishment of the maximum purchase price or monthly rent
of affordable housing dwellings. The maximum gross purchase price
or monthly rent shall be established in accordance with United States
Department of Housing and Urban Development (HUD) guidelines consistent
with the definition set forth in this chapter for an affordable housing
dwelling.
(c)
Maintenance of an inventory of existing affordable housing dwellings approved within the Town of North Salem to assist the Town Board in the determination of an appropriate number of affordable housing dwelling units as provided for in § 250-124A(1) of this chapter.
(d)
Monitoring of affordable housing dwellings to ensure continued
adherence to the standards of affordable eligibility.
(3)
Authority to take any other action to effectuate the purpose of this
article.
A.
The Planning Board, in granting density with bonus for affordable housing dwellings in accordance with § 250-18 of this chapter, shall consider the following:
(1)
The Town-wide number of affordable housing dwellings that the Town
Board deems necessary to achieve the purpose and intent of this article
and the affordable housing policy and needs as articulated by the
Town Board.
(2)
The relative concentration of affordable housing dwellings within
a specific area of the Town in order to balance the impact of increased
density among various areas. The density bonus for affordable housing
dwellings is to be encouraged in all residential zones.
B.
Applicants before the Planning Board are required to consider the
affordable housing needs for the Town. Applicants are to receive a
declaration that the Planning Board actively encourages applications
for bonuses for affordable housing dwellings and a copy of these Affordable
Housing Regulations.
Affordable housing dwelling units shall be physically integrated
into the design of the development. All such units shall be indistinguishable
in appearance, siting and exterior design from the market rate units
in the development. All units shall have access to the same amenities
as the market rate units. The units shall consist of studio/efficiency,
one-, two- and/or three-bedroom units in a proportion approved by
the Planning Board as being better related to the housing needs, current
or projected, of the Town of North Salem and the surrounding region.
The Planning Board shall receive and consider the recommendation of
the Housing Board in determining the proportion of studio/efficiency,
one-, two- and three-bedroom units.
Minimum gross floor area (living space) per MIH unit and per
affordable housing dwelling shall not be less than the following:
The following schedule of occupancy shall apply to all MIH units
and all affordable housing dwellings:
|
Number of Persons
| ||
|---|---|---|
|
Number of Bedrooms
|
Minimum
|
Maximum
|
|
Studio/efficiency
|
1
|
1
|
|
1
|
1
|
2
|
|
2
|
2
|
4
|
|
3
|
3
|
6
|
A.
MIH units for purchase.
(1)
The base index for eligibility for the purchase of an MIH unit
shall be the mean (average) annual salary paid to Town of North Salem
full-time employees as set forth in the Town's most current adopted
budget.
(2)
The following table shall be used to determine the income factor:
|
Number of Bedrooms
|
Income Factor
|
|---|---|
|
1-bedroom
|
1.3
|
|
2-bedroom
|
1.5
|
|
3-bedroom
|
1.7
|
(3)
The above mean (average) annual income [See § 250-128(1).] shall be multiplied by the income factor for the number of bedrooms [See § 250-128A(2).] in an MIH unit to determine the maximum income allowed for eligibility. Families with income in excess of this figure will not be eligible for the purchase of an MIH unit. The Housing Board will 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 an affidavit.
(4)
For the purposes of these regulations, family income shall exclude
an earned income from a minor or full-time student, up to a maximum
of $5,000.
B.
MIH units for rent.
(1)
MIH units available on a rental basis shall be available to
applicants whose income does not exceed 60% of the then current area
median income (AMI) for Westchester County as defined annually by
the United States Department of Housing Urban Development (HUD), adjusted
for household size and other factors.
C.
Affordable housing dwellings for purchase or rent.
A.
MIH units for purchase or rent.
(2)
The maximum resale price for an existing MIH unit for purchase shall take into consideration any additional factors affecting such pricing (such as improvements), but in no event shall the seller of an MIH unit be entitled to a profit obtained from a selling price in excess of the maximum sales price as determined in Subsection A(1) above.
(3)
The maximum monthly rent of an MIH unit shall be affordable
to a household whose income does not exceed 60% AMI and for which
the annual housing cost of the unit, defined as rent plus any tenant-paid
utilities, does not exceed 30% of 60% AMI adjusted for household size,
as shall be established in accordance with HUD guidelines as published
in the then current edition of the Westchester County Area Median
Income, Sales and Rent Limits available from the County of Westchester.
B.
Affordable housing dwellings for purchase or rent.
(1)
The maximum initial gross sales price for an affordable housing
dwelling unit shall be established in accordance with HUD guidelines
as published in the then current edition of the Westchester County
Area Median Income, Sales and Rent Limits available from the County
of Westchester. Housing costs to be included in the calculation for
the gross sales price shall include the expected principal and interest
on the mortgage loan, property taxes, homeowners insurance, any common
charges, homeowners' association fees and/or maintenance fees.
(2)
The maximum resale gross price for an existing affordable housing dwelling shall take into consideration any additional factors affecting such pricing (such as improvements), but in no event shall the seller of an affordable housing unit be entitled to a profit obtained from a selling price in excess of the maximum sales price as determined in Subsection B(1) above.
(3)
The maximum monthly initial and renewal rent for an affordable
housing dwelling unit shall be established in accordance with United
States Department of Housing and Urban Development guidelines as published
in the then current edition of the Westchester County Area Median
Income, Sales and Rent Limits available from the County of Westchester.
All MIH units and all affordable housing dwellings shall be
occupied by the person(s) either owning or renting such units. All
eligible applicants who are owners of any other residences shall satisfy
the Housing Board of their intent to sell or otherwise divest themselves
of any other residences prior to the purchase or rent of an MIH unit
or the purchase or rent of an affordable housing dwelling.
A.
A one-year lease shall be offered to all households of MIH units
and affordable housing dwellings available on a rental basis.
B.
All household members 18 and older shall sign the lease, and under
no circumstances shall the rental premises be occupied by, subleased
or boarded to anyone other than the lease holders.
C.
A minimum of 60 days prior to renewal, a household seeking to renew
its lease shall resubmit all financial information required by the
Housing Board to determine continued income eligibility. Provided
a renewing household is still income-eligible and has complied with
the terms of the lease, renewal of the lease for a term of no more
than one year shall be offered. Renewal of a lease shall be subject
to the terms and conditions of the original lease.
D.
Renewal of a lease shall be subject to the conditions of federal,
state or Westchester County provisions 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, a lease shall not be renewed in instances where a
household's income exceeds the current eligibility standards. Such
households shall complete their current lease term and shall be offered
a month-to-month lease, not to exceed four months, in order to provide
time to relocate. Additional months may be offered at the discretion
of the Housing Board, not to exceed two additional increments of four
months each.
A.
Ownership of an MIH unit and an affordable housing dwelling 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. MIH rental units and affordable housing dwellings for rent
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 Town Housing Board. The deed of ownership of any MIH unit or
any affordable housing dwelling shall contain a covenant and restriction,
in perpetuity, that said unit is subject to the moderate-income and
affordable housing provisions of the Zoning Ordinance of the Town
of North Salem, as amended from time to time, and that such provisions
include restrictions on occupancy, the number of bedrooms, gross floor
area, rent thereof and resale, among other provisions as may be required
by the Planning Board and/or other public funding agency. The covenants
and restrictions imposed on an MIH unit or on an affordable housing
dwelling shall be in form and content so as to enable the same to
be recorded with the County Clerk, Division of Land Records of Westchester
County, and shall be satisfactory to the attorneys to the Town of
North Salem. Among other provisions, the covenants and restrictions
shall require that the unit be the primary residence of the income-eligible
resident household selected to occupy the unit.
B.
Upon the death of the last of the eligible owners, the executor or
administrator of the estate of the deceased owner shall place the
MIH unit or affordable housing dwelling 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 MIH unit or affordable housing dwelling 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 MIH unit or an affordable housing
dwelling, 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 MIH unit or affordable housing dwelling
on either a temporary (more than one week) or permanent basis.
A.
MIH units for purchase or rent.
(1)
MIH units for purchase or rent shall be sold or rented, and
resold or re-rented, to only qualifying income-eligible families as
defined in this chapter. Such income-eligible families shall be solicited
in accordance with the current Town Housing Board policy.
B.
Affordable housing units for purchase or rent.
(1)
Affordable housing dwellings for purchase or rent shall be sold
or rented, and resold or re-rented, to only qualifying income-eligible
households as defined in this chapter. Such income-eligible households
shall be solicited in accordance with the requirements, policies and
protocols established in the December 29, 2011 Westchester County
Fair and Affordable Housing Affirmative Marketing Plan so as to ensure
outreach to racially and ethnically diverse households.
(2)
The marketing of available affordable housing dwellings for
purchase and/or for rent shall be the responsibility and at the sole
cost of the developer, homeowners' association and/or owner, as the
case may be, subject to the oversight of the Housing Board.
(3)
For any affordable housing units involving public funding from
or through Westchester County, Westchester County may be designated
as the primary responsible entity to provide administrative and monitoring
services to ensure compliance with these marketing requirements, as
well as in regard to initial sales, subsequent resales, refinancings,
leasing and releasing, including renewal leases, of rental units and
appropriate sale, resale or rent prices.
A.
All MIH units and all affordable housing dwellings shall be maintained
in a satisfactory manner as prescribed by the Housing Board. The owner
of such a unit shall first obtain the written permission and approval
of the Housing Board prior to engaging in any major repair or rehabilitation
requiring a building permit. Emergency structural repairs must be
approved by the 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 approve any addition in size
to the structure or any change in the number of bedrooms. The original
square footage of the unit shall be maintained through the unit's
existence.
B.
All MIH units and all affordable housing dwellings shall be at a
minimum, maintained at the original builder's specification level.
C.
At the time of resale of a for-purchase unit, the Housing Board shall
be authorized to impose such assessments as necessary, for conditions
indicative of owner neglect, to reasonably return the unit to its
original condition; said assessment shall be deducted from that portion
of the selling price reverting to the seller of the for-purchase MIH
or affordable housing unit.
D.
The Housing Board shall be authorized to require the owner of a for-rent
MIH or affordable housing unit to reasonably return any such unit
found to be indicative of owner neglect to its original condition.
Failure to comply with the requirements of the Housing Board may lead
to the suspension or revocation of the certificate of occupancy for
said unit.
The Town Board shall establish a Town Housing Board which shall
be responsible for the administration of the moderate-income housing
and affordable housing programs and the housing units created under
these programs.
The Town Board shall review and decide appeals from any determination
of the Housing Board. Applicants requesting an appeal must do so,
in writing, within five days of receipt of the determination of the
Housing Board from which the appeal is filed. The Town Board shall
render its decision within 15 days thereafter.
