§ 699-B — Long Island workforce housing program

§ 699-b. Long Island workforce housing program. 1. When a local\ngovernment approves a subdivision plat or site plan for five or more\nresidential units or a mixed-use development that incorporates five or\nmore residential units, except as otherwise provided in subdivision two\nof this section, the applicant shall receive a density bonus or other\nincentive pursuant to a written agreement between the applicant and the\nlocal government and such local government shall require of the\napplicant:\n (a) the set aside of at least ten percent of such units for affordable\nworkforce housing on site; or\n (b) the provision of other land and the construction of the required\naffordable workforce housing units that are not part of the applicant's\ncurrent subdivision plat or site plan but are to be provided on another\nsite within the same local government; or\n (c) the payment of a fee equal to two times the median income for a\nfamily of four for the Nassau-Suffolk primary metropolitan statistical\narea as defined by the federal Department of Housing and Urban\nDevelopment, for each additional unit which results, or would have\nresulted, from the density bonus or, when such fee exceeds the appraised\nvalue of each lot resulting from such density bonus, then such fee shall\nbe equal to the appraised value of the lot or lots, or the equivalent\nthereof, for each additional unit created by the density bonus. All fees\ncollected by the local government as provided in this section shall, at\nthe sole discretion of the local government, be:\n (i) deposited in a single trust fund under the control of the local\ngovernment to be kept in trust and separate and apart from all other\nmonies of such local government, for the specific purpose of\nconstructing affordable workforce housing, acquiring land for the\npurpose of providing affordable workforce housing or rehabilitating\nstructures for the purpose of providing affordable workforce housing.\nPending expenditures from such trust fund, monies therein may be\ninvested in the manner provided by law. Any interest earned or capital\ngain realized on the monies so deposited shall accrue to and become part\nof such trust fund; or\n (ii) paid to another local government within the county within which\nthe local government paying such monies is located, pursuant to an\nintermunicipal agreement, to be kept in trust and separate and apart\nfrom all other monies of such other local government, for the specific\npurpose of constructing affordable workforce housing, acquiring land for\nthe purpose of providing affordable workforce housing or rehabilitating\nstructures for the purpose of providing affordable workforce housing\nwithin such other local government. Pending expenditures from such trust\nfund, monies therein may be invested in the manner provided by law. Any\ninterest earned or capital gain realized on the monies so deposited\nshall accrue to and become part of such trust fund; or\n (iii) paid into a single trust fund under the control of the Long\nIsland Housing Partnership to be kept in trust and separate and apart\nfrom all other monies of such partnership, fifty percent of which shall\nbe used for the specific purpose of constructing affordable workforce\nhousing, acquiring land for the purpose of providing affordable\nworkforce housing or rehabilitating structures for the purpose of\nproviding affordable workforce housing within the county within which\nthe local government paying such monies is located. The remaining fifty\npercent of such funds shall be used to provide downpayment assistance to\neligible homebuyers who qualify for the existing employer assistance\nhousing benefit program administered by such partnership. The\ndownpayment assistance funds shall be secured by a note and mortgage on\nthe property purchased with such funds and shall be fully repaid to the\nfund by the recipient upon the sale or refinancing of the aforementioned\nproperty.\n 2. The provisions of this article shall not apply when an applicant\nelects a lesser percentage than the maximum allowable residential\ndensity, or floor area ratio if part of a mixed-use development, under\nthe applicable zoning ordinance and comprehensive plan in effect as of\nthe date of the application by the applicant to the local government.\n 3. Local governments shall ensure that all affordable housing units\ncreated pursuant to this article remain affordable. Subsequent\npurchasers of such units shall have at the time of purchase, pursuant to\nthe definition of "affordable workforce housing", an income at or below\none hundred thirty percent of the median income for the Nassau-Suffolk\nprimary statistical area as defined by the federal Department of Housing\nand Urban Development.\n 4. Within six months of the establishment of a trust fund as set forth\nin subparagraphs (i) and (ii) of paragraph (c) of subdivision one of\nthis section, the local government shall issue guidelines and policies\nwhich shall govern the expenditure of trust fund monies. Any monies that\nare not expended by the local government three years from the date of\nsuch monies being collected shall be paid into a single trust fund under\nthe control of the Long Island Housing Partnership, as set forth in\nsubparagraph (iii) of paragraph (c) of subdivision one of this section.\n 5. A local government may enter into intermunicipal agreements with\nany local government within the same county to meet the purposes of this\narticle.\n