[HISTORY: Adopted by the County Legislature of the County
of Ulster 4-18-2023 by L.L. No. 3-2023. Amendments noted where applicable.]
A.
The Ulster County Legislature finds that all residents of Ulster
County deserve safe housing at an affordable cost. As articulated
in Ulster County's Housing Action Plan for 2021, ("UCHAP"), there
is a housing crisis in Ulster County, stemming from an alarming scarcity
of affordable housing available to Ulster County residents.
B.
The UCHAP revealed that there is an insufficient inventory of homes
at an affordable price point and that 28% of renter households and
14% of owner households in Ulster County spend more than half their
income on housing costs, confirming that housing represents a cost
burden that is untenable for many of Ulster County's residents.
C.
The UCHAP further revealed that an Ulster County resident earning
an average wage would be required to work 67 hours per week to afford
the average market rent in Ulster County.
D.
The UCHAP set forth that the median income of renters in Ulster County
declined by 1% between the period of 2010 and 2018, while median rent
increased by 16% and the median sale price for a home in Ulster County
in 2021 was $349,900, an increase of nearly $100,000 from 2019.
E.
Pursuant to Article IX, Section 2(c)(ii) of the New York State Constitution
and Municipal Home Rule Law Section 10(1)(ii)(a)(12), Ulster County
may exercise its broad police powers to provide comprehensive county
housing programs (NYS A.G. Informal Opinion 92-4, dated February 6,
1992, Pg. 2 and Pg. 7).
F.
Based upon the critical shortage of affordable housing confronting
Ulster County residents, the Ulster County Legislature finds that
county affordable housing programs serve a valid public purpose (NYS
Constitution Article VIII, Section 1), by promoting public health,
safety and well-being. New York State Constitution, Article IX, Section
2(c)(ii) and NYS Municipal Home Rule Law, Section 10(1)(ii). See also,
AG Informal Opinion 92-4, dated February 6, 1992, Pg. 6-7.
As used in this chapter, the following terms shall have the
meanings indicated:
Generally defined as housing on which the occupant is paying
no more than 30% of gross income for housing costs, including utilities
for persons or families deemed to be or eligible to be deemed to be
of extremely low, very low, low or moderate income by any state or
federal housing program. Nothing in the definition shall prevent the
County from funding housing services either above or below this affordability
level when such funding is in keeping with federal or state programs
providing housing assistance or where any income restricted housing
whether intended for rental or homeownership is subject to a regulatory
agreement with a local, state, or federal governmental entity.
Includes all housing accommodations within Ulster County.
Any building, structure, or portion thereof that is occupied,
as or intended for occupancy as, a residence by one or more families
and any vacant land that is offered for sale or lease for the construction
thereon of any building, structure, or portion thereof intended to
be so occupied.
A.
The Ulster County Legislature hereby determines that the development,
maintenance, management, and/or provision of affordable housing is
a public purpose in accordance with the New York State Constitution
Sections IX and Municipal Home Rule Law Section 10.
B.
This chapter and the designation set forth herein shall apply to
all affordable housing initiatives within Ulster County.
If any provision of this act, or any application of any provision
of this chapter, is held to be invalid, that shall not affect the
validity or effectiveness of any other provision of this chapter,
or of any other application of any provision of this article, which
can be given effect without that provision or application; and to
that end, the provisions and applications of this chapter are severable.
This chapter shall become effective immediately upon the filing
with the Office of the Secretary of State of the State of New York.
