Town of North Salem, NY
Westchester County
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Table of Contents
Table of Contents
[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]

§ 250-122 Purpose.

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.

§ 250-123 Town Housing Board.

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 priority 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) 
Maintenance of an eligibility priority list in accordance with the criteria set forth in the accompanying table, entitled "Table of Eligibility Priority List and Residency Requirement," which shall be a part of this chapter.[1] Designation (placement) on the list shall remain in effect for one year. An applicant on an eligibility priority list will receive a letter from the Housing Board, sent to his or her address on file, requesting the applicant's intention as to having his or her application remain on that eligibility priority list at such time as an MIH unit for sale or rent becomes available. Failure to respond will remove such applicant from the eligibility priority list. Responses are to be sent by registered mail, return receipt requested, to the Housing Board Chairman, Town Hall, North Salem, New York 10560. Applicants requesting continuing consideration shall certify to the Housing Board that their total family income complies with the terms of this article. It is the responsibility of applicants to have all documentation necessary for review of their application received by the Housing Board no later than 45 days after receipt of a letter inquiring about their intention to remain on an eligibility priority list. An eligible purchaser or renter of an MIH unit 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.
[1]
Editor's Note: The Table of Eligibility Priority List and Residency Requirement for Moderate-Income Housing Dwellings is included at the end of this chapter.
(c) 
Establishment of a lottery for selecting applicants when such applicants have equal priority list placement.
(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.
(e) 
Monitoring compliance with the marketing responsibilities as set forth in § 250-133 of this chapter of those creating affordable housing dwellings.
(3) 
Authority to take any other action to effectuate the purpose of this article.

§ 250-124 Standards for Planning Board consideration.

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.

§ 250-125 Distribution of units.

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.

§ 250-126 Minimum floor area.

Minimum gross floor area (living space) per MIH unit and per affordable housing dwelling shall not be less than the following:
A. 
Studio/efficiency: 450 square feet.
B. 
One-bedroom: 675 square feet.
C. 
Two-bedroom: 750 square feet.
D. 
Three-bedroom: 1,000 square feet (including at least 1.5 baths).

§ 250-127 Occupancy standards.

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

§ 250-128 Income eligibility.

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.
(1) 
Income eligibility shall be based on the then current AMI for Westchester County as defined annually by HUD adjusted for household size and other factors as set forth in the definition for affordable housing dwelling as provided in § 250-5 of this chapter.

§ 250-129 Maximum sales price, resale, rent and renewal.

A. 
MIH units for purchase or rent.
(1) 
The maximum sales price for an MIH unit for purchase shall not exceed 2 1/2 times the maximum family income allowed for eligibility for a moderate-income family, as defined in § 250-128 of this article, for the maximum size family eligible for such units as specified in § 250-127 of this article.
(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.

§ 250-130 Occupancy by owner or renter.

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.

§ 250-131 Rental terms.

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.

§ 250-132 Ownership; deed restrictions.

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.

§ 250-133 Marketing.

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.

§ 250-134 Maintenance, upkeep and repairs.

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.

§ 250-135 Administration.

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.

§ 250-136 Appeals.

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.