[Amended 12-14-2021 by L.L. No. 68-2021]
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 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)
DENSITY BONUS
FIRST-TIME HOMEBUYERS
WORKFORCE HOUSING
Definitions. As used in this Chapter, the following terms shall have
the meanings indicated.
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]
As defined by the Department of Housing and Urban Development
(HUD).
(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 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.
(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.
(a)
The HCDA's lottery and wait list 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 lottery or wait list application indicating
that 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.
(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 the HCDA 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 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 or former employee of the Town of Huntington shall be permitted
to apply for an affordable housing unit of a Town of Huntington affordable
housing program, if that current or 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.
(2)
No
current or former employee of the Town of Huntington 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.
(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.
(a)
The HCDA's lottery and wait list 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 lottery or wait list application indicating
that 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.
(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 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 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.
