Affordable Affirmatively Furthering Fair Housing Units.
(1) Purpose. It is the purpose of this section to enhance the public welfare by requiring the inclusion in certain development projects of units for families and other Persons meeting the criteria in this section.
(2) Applicability. This section shall apply to all new Development of Dwellings containing the number of total units set forth below.
(3) Definitions. As used in this chapter, "Affordable Affirmatively Furthering Fair Housing" ("Affordable AFFH") Unit means:
(a) With respect to a for-purchase housing unit, a unit that is affordable to a household whose income does not exceed 80% of the area median income (AMI) for Westchester County, as defined annually by the U.S. Department of Housing and Urban Development (HUD), and for which the annual housing cost of a unit including common charges, principal, interest, taxes and insurance (PITI) does not exceed 33% of 80% AMI, adjusted for Family size, and that is marketed in accordance with the Westchester County Fair and Affordable Housing Affirmative Marketing Plan; and
(b) With respect to a rental housing unit, a unit that is 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 family size and that is marketed in accordance with the Westchester County Fair and Affordable Housing Affirmative Marketing Plan.
(4) Required Affordable AFFH Unit Component.
(a) No less than 10% of the total number of Dwelling Units in a new Development that contains 10 or more Dwelling Units shall be created and set aside as Affordable AFFH units.
(b) In calculating the minimum number of required Affordable AFFH units, any partial units shall be rounded up to the nearest whole unit.
(5) No Preferences. No preferences shall be utilized to prioritize the selection of income-eligible tenants or purchasers for Affordable AFFH units created under this section.
(6) Marketing Plan. All Affordable AFFH units, whether for purchase or for rent, shall be marketed in accordance with the Westchester County Fair and Affordable Housing Affirmative Marketing Plan.
(7) Maximum Rent and Sales Price. The maximum monthly rent for an Affordable AFFH unit and the maximum gross sales price for an Affordable AFFH unit shall be established in accordance with U.S. Department of Housing and Urban Development guidelines as published in the current edition of the "Westchester County Area Median Income (AMI) Sales and Rent Limits" available from the County of Westchester.
(8) Length of Designation as Affordable AFFH Units. Units designated as Affordable AFFH units must remain affordable for a minimum of 50 years from date of initial Certificate of Occupancy for rental properties and from date of original sale for ownership units.
(9) Property Restriction. A property containing any Affordable AFFH units must be restricted using a mechanism such as a declaration of restrictive covenants in recordable form acceptable to the Village Attorney, which must ensure that the Affordable AFFH unit remains subject to affordable regulations for the minimum fifty-year period of affordability. Among other provisions, the covenants must require that the unit be the primary residence of the resident household selected to occupy the unit. Upon approval, such declaration must be recorded against the property containing the Affordable AFFH unit prior to the issuance of a Certificate of Occupancy for the development.
(10) Unit Appearance and Integration.
(a) Within Single-Family Residential developments, the Affordable AFFH units may be Single-Family Dwellings or may be incorporated into one or more Two-Family Dwellings. Each Single-Family Affordable AFFH unit may be located on a Lot meeting 75% of any minimum Lot area for the Single-Family Dwellings in the development. Each unit of a Two-Family Dwelling must be located on a Lot meeting the minimum lot area for the Single-Family Dwellings in the development.
(b) All such units must be indistinguishable in appearance, siting and exterior design from the other non-Affordable AFFH units in the development, to the greatest extent possible. Interior finishes and furnishings may be reduced in quality and cost to assist in the lowering of the cost of development of the Affordable AFFH units.
(c) Within Multifamily developments, Affordable AFFH units must be physically integrated into the design of the development and must be distributed among various sizes (efficiency, one-, two-, three- and four-bedroom units) in the same proportion as all other units in the development.
(d) The Affordable AFFH units must not be distinguishable from non-Affordable AFFH units from the outside or building exteriors. Interior finishes and furnishings may be reduced in quality and cost to assist in the lowering of the cost of development of the Affordable AFFH units.
(11) Minimum Floor Area.
(a) The minimum gross floor area per Affordable AFFH unit must not be less than 80% of the average floor area of non-Affordable AFFH units in the development and no less than the following:
Table 345.405.U-1
Minimum Size of Affordable AFFH Units
Dwelling Unit |
Minimum Gross Floor Area
(square feet) |
Efficiency |
450 |
1-bedroom |
675 |
2-bedroom |
750 |
3-bedroom |
1,000 (including at least 1.5 baths) |
4-bedroom |
1,200 (including at least 1.5 baths) |
(b) For the purposes of this section, paved terraces or balconies may be counted toward the minimum gross floor area requirement in an amount not to exceed 1/3 of the square footage of such terraces or balconies.
(12) Occupancy Standards. For the sale or rental of Affordable AFFH units, the following occupancy schedule shall apply:
Table 345.405.U-2
Occupancy Schedule for Affordable AFFH Units
Number of Bedrooms |
Number of Persons |
Efficiency |
Minimum: 1; maximum: 1 |
1 |
Minimum: 1; maximum: 3 |
2 |
Minimum: 2; maximum: 5 |
3 |
Minimum: 3; maximum: 7 |
4 |
Minimum: 4; maximum: 9 |
(13) Affirmative Marketing. The Affordable AFFH units created under this §
345-405U must be sold or rented, and resold and re-rented during the required period of affordability, only to qualifying income-eligible households. Such income-eligible households shall be solicited in accordance with the requirements, policies and protocols established in the Westchester County Fair and Affordable Housing Affirmative Marketing Plan so as to ensure outreach to racially and ethnically diverse households.
(14) Resale Requirements. In the case of owner-occupied Affordable AFFH units, the title to said property must be restricted so that in the event of any resale by the home buyer or any successor, the resale price must not exceed the then-maximum sales price for said unit, as determined in this § 345-405U, or the sum of:
(a) The net purchase price (i.e., gross sales price minus subsidies) paid for the unit by the selling owner, increased by the percentage increase, if any, in the Consumer Price Index for Urban Wage Earners and Clerical Workers in the New York-Northern New Jersey Area, as published by the United States Bureau of Labor Statistics, or if the Bureau stops publishing such index and fails to designate a successor index, a substitute index designated by the Village (as so published, and as may be succeeded or substituted, 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; and
(b) The cost of major capital improvements made by the seller of the unit while said seller of the unit owned the unit, as evidenced by paid receipts depreciated on a straight line basis over a fifteen-year period from the date of completion, and such approval must be requested for said major capital improvement no later than the time the seller of the unit desires to include it in the resale price. Notwithstanding the foregoing, in no event shall the resale price exceed an amount affordable to a household at 80% of AMI at the time of the resale.
(15) Lease Renewal Requirements.
(a) Applicants for rental Affordable AFFH units must, if eligible and if selected for occupancy, sign leases for a term of no more than two years. As long as a resident remains eligible and has complied with the terms of the lease, said resident must be offered renewal leases for a term of no more than two years each. Renewal of a lease shall be subject to the conditions of federal, state or 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.
(b) If no such provisions are applicable and if a resident's annual gross income should subsequently exceed the maximum then allowable, as defined in this chapter, then said resident:
[1] May complete their current lease term and must be offered a nonrestricted rental unit available in the 30% development at the termination of such lease term, if available; or if no such unit is available at said time, the resident may sign one additional one-year lease for the Affordable AFFH unit they occupy but must not be offered a renewal of the lease beyond the expiration of said term; or
[2] Must pay the greater of
[a] The rent amount payable under the provisions of this section; or
[b] Thirty percent of the resident's monthly adjusted household income, provided that the increased rent may not exceed the market rent in that development for units with the same number of bedrooms; or
[3] Must pay the greater of:
[a] The rent amount payable under the provisions of this chapter; or
[b] Thirty percent of the resident's monthly adjusted household income, provided that the increased rent may not exceed the market rent in that development for units with the same number of bedrooms for a term of not more than one year
(16) Administrative and Monitoring Agency. The Board of Trustees must be responsible for administering the requirements of this § 345-405U and may designate a board or commission to monitor the Affordable AFFH units during the units' periods of affordability and for monitoring compliance with the affirmative marketing responsibilities of those creating the Affordable AFFH units. The Zoning Administrator shall serve as staff to the Board of Trustees or any such board or commission so designated.
(17) Certification. Prior to occupancy or before title is transferred, there shall be an annual certification to the Village that the requisite number of units are so affordable and that the residents of said units meet the income requirements in Section (3), above.
(18) Enhanced Project Review Process.
(a) The Applicant for a development including Affordable AFFH units shall be entitled to attend at least one preapplication meeting at which representatives will be in attendance from each municipal agency, board, commission and staff expected to play a role in the review and approval of the development application and construction. The purpose of the preapplication meeting will be to expedite the development application review process through:
[1] The early identification of issues, concerns, compliance, and coordination matters that may arise during the review and approval process.
[2] The establishment of a comprehensive review process outline, proposed meeting schedule and conceptual timeline.
(b) Municipal departments, agencies, authorities, boards, commissions, councils, committees, and staff shall endeavor to honor the proposed meeting schedule and conceptual timeline established as an outcome of the preapplication to the greatest extent possible during the review and approval process, subject to the demonstrated cooperation of the Applicant to adhere to same. Should the approval process extend beyond one year, an Applicant for a development that includes Affordable AFFH units shall be entitled to at least one additional meeting per year with the same departments, agencies, authorities, boards, commissions, councils or committees to review any and all items discussed at previous preapplication meetings.
(c) Municipal departments, agencies, authorities, boards, commissions, councils or committees with review or approval authority over applications for developments that include Affordable AFFH units shall give priority to such applications by placing them first on all meeting and work session calendars and agenda and, when feasible based on the ability to conduct required reviews and public notice, with the intent of shortening minimum advance submission deadlines to the extent practicable.
(19) County of Westchester to Administer. The Board of Trustees hereby designates the County of Westchester as the agency responsible for administering the requirements of this section (Affordable Affirmatively Furthering Fair Housing Units) of this chapter.