Somers City Zoning Code
ARTICLE XIA
Affordable Housing
§ 170-60.1 Purpose.
The need to create housing that is affordable to families and individuals with low/moderate incomes has been recognized by the Town of Somers. The Town is committed to implementing the means to encourage the development of such housing. The purpose of this article is to increase the range of housing opportunities throughout the Town.
§ 170-60.2 Distribution.
Affordable dwelling units shall be physically integrated into the design of each development in a manner satisfactory to the Planning Board and shall be distributed among efficiency, one-, two-, three- or four-bedroom units in the same proportion as all other units in the development, unless a different proportion is approved by the Planning Board as being better related to the housing needs, current or projected, of the Town of Somers.
§ 170-60.3 Occupancy standards.
The following occupancy limitations shall apply to affordable dwelling units:
Number of Bedrooms | Min. Number of Persons | Max. Number of Persons |
|---|---|---|
Efficiency | 1 | 1 |
1 | 1 | 2 |
2 | 2 | 4 |
3 | 3 | 6 |
4 | 4 | 8 |
§ 170-60.4 Resale of affordable dwelling units.
"For sale" affordable dwelling units shall not be resold for more than the amount that, at the then-prevailing interest rates, will result in the unit cost meeting the affordability standards as set forth annually for Westchester County by the Department of Housing and Urban Development (HUD). For homeownership developments, affordability is based on the projected mortgage for which a family with a maximum income at 80% AMI can qualify, plus housing costs. Housing costs to be included in the calculation for the sales price include the expected principal and interest on the mortgage loan, property taxes, homeowners insurance (PITI) and any common charges, homeowners' association fees and/or maintenance fees. For purposes of determining affordability, payment of principal and interest shall be calculated on the basis of 95% of the sale price. All resales shall be to buyers qualified by the homeowners' association, condominium or cooperative board, as applicable, and certified as qualified to the Town Board or its designee.
§ 170-60.5 Affordable rental dwelling units.
The maximum permissible rent for affordable rental dwelling units shall be as follows:
Size of Dwelling Unit | Max. Permitted Annual Rental |
|---|---|
Efficiency | 30% of 80% of Westchester County median income for a one-person household |
1-bedroom | 30% of 80% of Westchester County median income for the average of a one- and two-person household |
2-bedroom | 30% of 80% of Westchester County median income for a three-person household |
3-bedroom | 30% of 80% of Westchester County median income for the average of a four- and five-person household |
4-bedroom | 30% of 80% of Westchester County median income for a six-person household |
A.
The Westchester County area median incomes upon which eligibility is based is published by the Department of Housing and Urban Development (HUD) on an annual basis for Westchester County and may be adjusted accordingly.
B.
With respect to such affordable rental dwelling units, the landlord shall certify to the satisfaction of the Town Board, or its designee, that the requisite number of such units have been assigned to income-eligible tenants and that any new tenants in such units meet the income guidelines in effect when they take occupancy.
C.
The following statement shall be included in the deed, certificate of occupancy and/or rental agreement, as appropriate, for each affordable dwelling unit: "This is an affordable dwelling unit as defined in Chapter 170, Zoning, of the Code of the Town of Somers, New York, and is subject to all restrictions and limitations as set forth therein."
§ 170-60.6 Time limit on affordable dwelling units.
All affordable dwelling units as described in association with regulation are to be deemed affordable for perpetuity.