Great Neck Plaza City Zoning Code
ARTICLE XB
Affordable Housing in C-2 District
§ 225-83.6 Definitions.
As used in article, the following terms shall have the meanings indicated:
A residential unit that is mandated to be constructed under the provisions of this article and to be rented to an eligible individual pursuant to the standards set forth in this article.
The total cumulative floor area of all space located within the interior walls of affordable housing units in a building.
The Board of Trustees of the Village.
The owner of the building containing an affordable housing unit. Such term shall include initial building owner (as hereinafter defined).
The person who seeks to rent an affordable housing unit, together with any other individual who resides (for more than 30 days per year) or intends to reside or actually resides (for more than 30 days per year) in the affordable housing unit, including, without limitation, parents, children, spouses and persons united in a legally recognized civil union.
The owner or developer of a building who is required to provide affordable housing units under this article at the time that the affordable housing unit is initially constructed and receives an initial certificate of occupancy.
The owner of an affordable housing unit that is required to be provided under this article at the time that the affordable housing unit is initially constructed and receives an initial certificate of occupancy, except that, in the case of an affordable housing unit located in a building owned by a cooperative corporation, this term shall refer to the owner of the shares in the cooperative corporation allocated to the affordable housing unit.
Any permit, license or approval of any kind necessary for the demolition, construction, conversion or occupancy of a building within the Village. This term shall include but shall not be limited to demolition permits, certificates of occupancy, site plan approvals, conditional use permits, or permits of compliance.
The owner of an affordable housing unit, except that, in the case of an affordable housing unit located in a building owned by a cooperative corporation, the term shall refer to the owner of the shares in the cooperative corporation allocated to the affordable housing unit. Such term shall include "initial unit owner,"
The Village of Great Neck Plaza.
§ 225-83.7 Mandated affordable housing.
A.
No permit shall be issued by the Village in connection with the construction or conversion of any building located within the Village's C-2 Zoning District which is to be used for residential purposes unless at least 10% of the gross floor area in such building, exclusive of any density bonus provided under § 225-83.8A, shall consist of AHU space. Notwithstanding the above, this requirement shall not apply to any building having a gross floor area of less than 20,000 square feet.
B.
No certificate of occupancy or permit of compliance shall be issued for any building within the Village that is required to contain affordable housing units unless and until the execution and recording of all requisite legal documents, as determined by the Village Attorney, necessary to insure that, in accordance with the provisions of this article and with such other regulations as the Board may hereinafter adopt, the affordable housing units shall continue to be rented to eligible persons, at rental levels designated herein, for a period of at least 30 years after the affordable housing unit receives an initial certificate of occupancy.
C.
All provisions in this article relating to the construction, maintenance and leasing of affordable housing units shall be binding on all successors and assignees of the initial building owner and the initial unit owner. No certificate of occupancy shall be issued for any building within the Village that is required to contain affordable housing units unless and until all requisite legal documents to effectuate this, as determined by the Village Attorney, are executed and recorded.
D.
The eligibility of tenants to rent affordable housing units shall be determined by the building owner or unit owner in accordance with the provisions of this article. The selection of the tenants who rent affordable housing units shall be made by the building owner or unit owner in accordance with the provisions and procedures applicable to other tenants in the building where the affordable housing units are located, provided that such provisions do not conflict with the provisions of this article, comply with applicable fair housing regulations, and do not discriminate against the tenants of affordable housing units. These requirements shall be incorporated in the bylaws of any cooperative corporation which is a building owner; in the bylaws and declarations of any board of managers or condominium association which pertain to a building where affordable housing units are located; in all leases (including proprietary leases) relating to an affordable housing unit; and in all offering memorandums and other documents relating to buildings where affordable housing units are located.
E.
At the conclusion of the thirty-year period during which the requisite units in a building shall be rented as affordable housing units in accordance with the provisions of this article, such units may thereafter be rented by the building owner or unit owner at market rates, provided that:
(1)
At least six months before the conclusion of such period, persons renting and occupying an affordable housing unit in a co-op or condo building are provided, in writing, with an opportunity to purchase the unit at fair market value;
(2)
Persons renting and occupying an affordable housing unit in a co-op or condo building who opt not to purchase the unit at fair market value shall have an additional period after the conclusion of the thirty-year period to vacate the unit, during which time their rental rate shall remain at the levels set in accordance with this article; said additional period shall be six months for persons who have resided in the affordable housing unit for less than four years and 12 months for persons who have resided in the affordable housing unit four years or longer; and
(3)
Persons renting and occupying an affordable housing unit in a rental (i.e., non-co-op or non-condo) building shall have an additional period after the conclusion of the thirty-year period to vacate the unit, during which time their rental rate shall remain at the levels set in accordance with this article; said additional period shall be six months for persons who have resided in the affordable housing unit for less than four years, and 12 months for persons who have resided in the affordable housing unit four years or longer.
§ 225-83.8 Density bonus.
A.
The provision of affordable housing units, comprising the requisite AHU space in the amount specified in § 225-83.7A, in connection with the construction or conversion of a building for residential use shall increase the otherwise applicable maximum gross floor area permitted in such building by 20%.
B.
If a building that has AHU space is destroyed or demolished and a new building replaces it, then the new building, unless it provides the same amount of AHU space as in the destroyed or demolished building, shall not be entitled to use any bonus density that was provided to the destroyed or demolished building under § 225-83.8A in determining the permissible density of the replacement building, and shall not be entitled to any divergence from otherwise applicable standards that was authorized for the demolished or destroyed building under § 225-83.10D.
§ 225-83.9 Building conversions.
A.
If a previously constructed building located in the C-2 Zoning District which has a gross floor area of 20,000 square feet or more is to be converted to residential use, then affordable housing units comprising the requisite AHU space shall be set aside and provided in accordance with the amounts specified in § 225-83.7A as a condition for the issuance of any permit.
B.
If a previously constructed building located in the C-2 Zoning District which has a gross floor area of 20,000 square feet or more is to be converted to residential use, then a density bonus shall be afforded in accordance with the amounts specified in § 225-83.8A.
C.
If a previously constructed building located in the C-2 Zoning District is nonconforming in that its gross floor area already exceeds the maximum gross floor area authorized by § 225-77B prior to the conversion of the building to residential use, then the amount of requisite AHU space and the amount of bonus density shall be calculated based on the actual floor area of such building rather than the maximum gross floor area otherwise authorized by § 225-77B, provided that in no event shall the bonus density authorized under this article increase the permissible floor area of such a preexisting building above a FAR of 2.0.
§ 225-83.10 Other bonuses and incentives.
A.
In connection with the construction or conversion of any building which requires the provision under this article of mandated affordable housing units, the Board shall endeavor to expedite, to the extent reasonably possible, all procedures necessary to obtain any permit.
B.
In connection with the construction or conversion of any building which requires the provision under this article of mandated affordable housing units, the Board shall endeavor to assist the building owner and the unit owner in obtaining any tax benefits, low-cost construction loans, and other similar benefits that might assist in reducing development and construction costs of the building and that might be available by reason of the presence of affordable housing units in such building.
C.
In connection with the construction or conversion of any building which requires the provision under this article of mandated affordable housing units, the Village shall endeavor to actively assist the building owner and the unit owner in obtaining any assistance, including grants and low-cost loans, that may be available from federal, state and other governmental agencies for the purpose of supporting the creation of affordable housing units.
D.
Lot and building size.
(1)
In connection with the construction or conversion of any building which requires the provision under this article of mandated affordable housing units, the Board may decrease, by up to 20%, the otherwise applicable rear yard and side yard minimum setback requirements relating to such building.
(2)
In connection with the construction or conversion of any building which requires the provision under this article of mandated affordable housing units, the Board may increase, by up to 20%, the otherwise applicable lot coverage requirement relating to such building.
(3)
In connection with the construction or conversion of any building which requires the provision under this article of mandated affordable housing units, the Board may increase, by up to 25%, the otherwise applicable height limitation (in feet and/or stories) relating to such building.
(4)
In connection with the construction and conversion of any building which requires the provision under this article of mandated affordable housing units, the Board may increase the otherwise applicable height limitation by up to an additional 25% above the modification authorized by Subsection D(3) above, i.e., a total height increase of up to 50%, provided that, in connection with such building, the front yard setback of such building is increased above the otherwise applicable front yard minimum requirement. In such event, the amount of additional height modification (in percentage) that may be authorized under this section shall be equal to the percentage that the additional feet of front yard setback actually provided bears to the otherwise applicable minimum front yard setback, up to 25%. For example, if the otherwise applicable minimum front yard setback is 30 feet, and an additional three feet of front yard setback is actually provided (i.e., 10%), then the building height may be likewise increased by 10% above the otherwise authorized level, plus the bonus provided by Subsection D(3) above, resulting in a total height modification of 35% above the otherwise authorized level.
(5)
In determining whether to grant any of the modifications authorized by this Subsection D, the Board shall also take into consideration, among other factors, the proximity of neighboring buildings; the height of neighboring structures; the use of neighboring structures; the design of the building to be constructed or converted; and the provision of public amenities, such as public plazas and accessible public art, that will serve to enhance the desirability of buildings containing affordable housing units.
§ 225-83.11 Design standards.
A.
The exterior appearance of mandated affordable housing units provided pursuant to this article, including, but not limited to, exterior doors, windows and terraces, shall not be distinguishable as a class from other residential units in a building.
B.
Common elements used in the construction of mandated affordable housing units provided pursuant to this article, including, but not limited to, electrical services, plumbing services, mechanical services, utility services and alarm services, shall not be distinguishable as a class from other residential units in the building. However, the fixtures and appointments in the interior of affordable housing units need not be identical or of the same quality as other units in the building.
C.
The proportion of differently sized affordable housing units in a building when measured in number of bedrooms (e.g., studios, one-bedroom, etc.) shall be in approximately the same proportion as the proportion of comparably sized units in the building which are not affordable housing units.
D.
No studio affordable housing unit shall be smaller in size than 600 gross square feet.
E.
No one-bedroom affordable housing unit shall be smaller in size than 750 gross square feet.
F.
No two-bedroom affordable housing unit shall be smaller in size than 900 square feet.
G.
Affordable housing units having more than two bedrooms shall be no smaller in size than 900 square feet plus 150 square feet for each bedroom in excess of two.
H.
Mandated affordable housing units shall be integrated into the rest of the building, and the occupants of such units shall not be discriminated against vis-a-vis other occupants of the building in terms of services, privileges or otherwise. However, nothing herein shall regulate the location within the building of affordable housing units.
§ 225-83.12 Eligible persons.
A.
A person shall be eligible to rent an affordable housing unit if such person satisfies the financial requirements set forth in § 225-83.13. The eligibility of a person shall be redetermined at each lease renewal.
B.
Leases for affordable housing units may contain provisions to ensure that eligible persons who are selected to rent such units properly maintain the units and conduct themselves as suitable tenants, provided that such provisions do not discriminate between persons residing in affordable housing units and other tenants or occupants in the building which contains the affordable housing units.
C.
Except for single-person households, households eligible to rent an affordable housing unit must consist only of persons who are married, united in a legally recognized civil union, or otherwise connected by a family relationship. Notwithstanding the prior sentence, a home health aide or other person who is required to live in an affordable housing unit as a reasonable accommodation for a person with a disability shall be entitled to do so regardless of not having any of the relationships specified above to other persons occupying the affordable housing unit.
§ 225-83.13 Financial eligibility.
In order to rent an affordable housing unit, a person must satisfy the following standards regarding income and assets:
A.
Assets:
(1)
Total net assets (i.e., gross assets less liabilities), including assets held in trust, of $150,000 or less.
(2)
During the period of three years before the determination of eligibility, no person in the household seeking an affordable housing unit shall have transferred without fair consideration assets in excess of $50,000 in the aggregate.
B.
Income: At the time of the determination of financial eligibility, the current annual gross income of all persons living in the eligible person's household shall not exceed 100% of the median household income of the Nassau-Suffolk NY HUD Metro FMR Area, with adjustments for household size, as defined and periodically updated by the United States Department of Housing and Urban Development, and shall not be less than 50% of said level. At the time of application for an affordable housing unit, the applicant may be required to submit a sworn certification attesting to the amount of the household's current annual gross income and, as part of the application process, may also be required to submit documentation to confirm said amount, including but not limited to tax returns and pay stubs. However, in calculating household income, the income of a home health aide or other person who is required to live in an affordable housing unit as a reasonable accommodation for a person with a disability shall not be included.
§ 225-83.14 Determination of rental levels; leases; subletting; provision of documents to Village.
A.
The annual rent to be charged for an affordable housing unit by the building owner or unit owner shall be a maximum of 30% of the combined current annual gross income of all persons living in the eligible person's household (as established in accordance with the determination of eligibility pursuant to § 225-83.13B).
B.
Except for the amount charged as rent pursuant to Subsection A above, the building owner and/or unit owner shall be responsible for all other costs and charges relating to the affordable housing unit. Such costs and charges shall include, but shall not be limited to, the following: taxes; building insurance; assessments; common charges; maintenance charges; repair costs; administrative costs; and financing costs. The eligible person shall be obligated to pay to the unit owner only the rental amount calculated pursuant to § 225-83.14A. Notwithstanding the prior sentences in this subsection, the eligible person may also be required to pay a security deposit (not to exceed one month's rent unless, with the consent of the eligible person, for the purpose of addressing a poor credit report regarding the applicant); utility charges; late rent fees; amenity and parking fees; renter's insurance; moving expenses; and repair costs and damages necessitated by the negligence or misuse of persons in the household of the eligible person, provided that such additional charges do not discriminate between persons in affordable housing units and other tenants or occupants in the building containing the affordable housing unit.
C.
Leases for affordable housing units shall be in writing; shall have terms of one or two years; shall provide that the rental costs specified therein to the eligible persons shall be adjusted upon each lease renewal; shall provide for termination and nonrenewal in accordance with the provisions of this article; and shall not have provisions which shall be discriminatory vis-a-vis persons in affordable housing units.
D.
No lease for an affordable housing unit shall be assignable. No subletting of all or any portion of an affordable housing unit shall be permitted.
E.
The unit owner and building owner shall provide the Village annually with a sworn certification that the affordable housing units in the building have been marketed and leased in accordance with the provisions of this article. Whenever requested by the Village, the unit owner and the building owner shall provide the Village with a copy of information requested with respect to the affordable housing unit, including, but not limited to, the following: applications; leases; rent invoices; rent receipts; repair and maintenance records; invoices for repairs and maintenance costs; correspondence relating to the unit; and any documents relating to common charges and assessments.
F.
In addition to any other notices required by law, the unit owner and building owner shall provide written notice to the persons occupying an affordable housing unit of a determination that the lease for an affordable housing unit is not being renewed on the grounds that said person is no longer eligible for an affordable housing unit, together with a written explanation of the basis for the determination of noneligibility; and a determination that the lease for an affordable housing unit is being canceled or terminated for any other reason, together with a written explanation of the basis for the proposed cancellation or termination.
§ 225-83.15 Application and selection process.
A.
When affordable housing units shall become available for rental in buildings in the Village pursuant to the provisions of this article, the building owner shall disseminate information about the availability of affordable housing units by methods reasonably calculated to notify potentially eligible persons. Such notification shall include materially relevant information about the location, size and cost of the affordable housing units to become available; a statement of eligibility guidelines; a description of the application process; and contact information to be used by persons interested in obtaining information or submitting an application. Such information shall be:
(1)
Posted on the website, if any, of the building or building owner where the units available for rental in the building are listed;
(2)
Posted on other Internet websites that are free for prospective tenants to access; and
(3)
Provided to entities experienced in marketing affordable housing units, a list of which shall be provided to the building owner in connection with the grant of the Village's approval to construct or convert a building containing an affordable housing unit, or at the building owner's request.
B.
Such notification shall be provided:
(1)
Prior to the date affordable housing units become available to rent for the first time in a building (initial rent-up); and
(2)
After initial rent-up, promptly after the building owner or unit owner learns or otherwise determines that an affordable housing unit will become available in the building.
C.
Any person who wishes to apply for an affordable housing unit that shall become available shall be required to submit a written application demonstrating eligibility for such units under the standards established by this article and documentation to confirm such eligibility.
D.
The applications of all persons who have submitted a valid and complete application for an affordable housing unit shall be ranked in a random and nondiscriminatory manner, such as by lottery. Applications shall then be reviewed, and determinations of eligibility made, according to this random order of ranking.
E.
Eligible persons and their households shall be eligible for affordable housing units of the following sizes:
(2)
One-bedroom units:
(a)
Single-person households;
(b)
Single-person households with a child less than two years of age;
(c)
Households consisting of two persons who are married or united in a legally recognized civil union; or
(d)
Households consisting of two persons who are married or united in a legally recognized civil union with a child less than two years of age.
(5)
Notwithstanding anything set forth herein, a home health aide and/or other person who is required to live in an affordable housing unit as a reasonable accommodation for a person with a disability shall be entitled to do so regardless of the lack of a family or legal relationship to the other persons occupying the affordable housing unit, and shall be considered a member of the household for the purpose of determining the size unit which the eligible person may lease.
F.
In marketing and selecting tenants for affordable housing units in a building within the C-2 Zoning District of the Village, a building owner may contract with a third-party entity that has experience in developing and implementing affirmative marketing plans for affordable housing to undertake such tasks on behalf of the building owner.
G.
A person who has submitted an application for an affordable housing unit shall receive written notice of eligibility or of noneligibility and, if not eligible, of the reasons therefor.
H.
Absent good cause shown, any person who is selected to rent an affordable housing unit shall be required to sign a lease for the affordable housing unit within 15 days after the unit becomes available for rental and the eligible person has been notified of eligibility (the availability date). The eligible person may also be required by the building owner or unit owner to deposit all sums due in connection with entering into a lease within 30 days after the availability date, and to commence paying rent for the affordable housing unit as of 60 days after the availability date. If a selected eligible person is unable or fails to meet these time requirements, then the available affordable housing unit shall be offered to other eligible persons in the order of their ranking in accordance with the provisions of this article.
§ 225-83.16 Loss of eligibility.
A.
If a person is initially eligible to rent an affordable housing unit and, during such period of eligibility, enters into a lease for an affordable housing unit, but such person subsequently fails to satisfy eligibility standards, then such person's right to continue renting and occupying the affordable housing unit shall end three months after written notice of loss of eligibility is sent to such person, or at the end of such person's current lease, whichever is later. Every lease for an affordable housing unit shall contain a provision stating this. Determinations regarding a loss of eligibility shall be made in accordance with the provisions of this article. Written notice of the loss of eligibility shall be sent by express mail and/or by certified mail, return receipt requested, to the persons occupying the affordable housing unit. If the formerly eligible person fails to voluntarily vacate the affordable housing unit at the requisite time, or violates the lease prior to such date, then all appropriate, lawful and available measures shall be used by the building owner and/or unit owner to evict such person involuntarily.
B.
No person who is occupying an affordable housing unit shall be entitled to a renewal lease from the building owner and/or unit owner. However, if a renewal lease is not offered by the building owner or unit owner to an eligible person who continues to satisfy the eligibility requirements of this article, then, for a period of two years after the expiration date of the lease which has not been renewed (the nonrenewed lease), the building owner and unit owner shall be prohibited from charging a higher rent for the affordable housing unit than that specified in the nonrenewed lease.
§ 225-83.17 Affordable housing units built under prior provisions.
Any unit in the Village's C-2 Zone which was constructed pursuant to prior provisions of the Village Code and which was required by prior provisions of the Village Code to be leased as an affordable housing unit shall hereinafter be marketed and leased in accordance with the current provisions of this article, and the obligations of the building owner and unit owner with respect to all such units shall also be governed by the current provisions of this article.
§ 225-83.18 Other laws mandating affordable housing.
In the event that there are other laws which will be or have been enacted by other governmental authorities (such as New York State or the county or town) which require the provision of affordable housing units within the Village (whether denominated as affordable housing, work force housing or in some similar manner), including but not limited to the Long Island Workforce Housing Act,[1] the provisions of this article shall govern, if they are not legally preempted by such other law, to the extent they require a greater number of affordable housing units to be provided, or they address issues which are not addressed by such other law.
[1]
Editor's Note: See General Municipal Law § 699 et seq.
§ 225-83.19 Regulations and procedures.
The Village Board of Trustees may, by resolution, adopt such further procedures and regulations as may be necessary to implement and effectuate the construction and leasing of affordable housing units within the Village.