§ 85-169. Affordable and workforce rental housing units.

The owner of any rental unit development shall enter into a contract with a housing group for the continued monitoring and maintenance of units designated as affordable and workforce rental housing units. Proof of such contract shall be submitted to the Commissioner of Housing and Human Services prior to the issuance of any certificates of occupancy.

A. 

Rental and occupancy. For purposes of calculating rent, the expected occupancy of units shall be as follows:

(1) 

Studio/Efficiency: one person.

(2) 

One-bedroom: 1.5 persons.

(3) 

Two-bedroom: three persons.

(4) 

Three-bedroom: 4.5 persons.

B. 

Affordable rental housing units. In developments where the units are specifically approved for rental, the monthly rental price shall be no greater than 30% of 50% of the HUD area median income for Nassau-Suffolk Counties in effect at the time of the execution of the lease agreement based on the expected occupancy of the unit, provided all utilities are included in the rental price. If all utilities are not included, the monthly rental price shall be no greater than 30% of 50% of the HUD area median income for Nassau-Suffolk Counties based on expected occupancy of the unit reduced by the monthly utility allowance in effect at the time the lease agreement is executed. Nothing herein shall supersede any state or federally sponsored rental subsidy guidelines.

C. 

Workforce rental housing units. In developments where the units are specifically approved for rental, the monthly rental price shall be no greater than 30% of 65% of the HUD area median income for Nassau-Suffolk Counties in effect at the time of the execution of the lease agreement based on the expected occupancy of the unit, provided all utilities are included in the rental price. If all utilities are not included, the monthly rental price shall be no greater than 30% of 65% of the HUD area median income for Nassau-Suffolk Counties based on expected occupancy of the unit reduced by the monthly utility allowance in effect at the time the lease agreement is executed. Nothing herein shall supersede any state or federally sponsored rental subsidy guidelines.

D. 

Financial qualifications of prospective tenants.

(1) 

In order to qualify as an eligible lessor of an affordable rental housing unit, the household income shall be calculated at or below 50% of the HUD area median income for Nassau-Suffolk Counties based on family size.

(2) 

In order to qualify as an eligible lessor of a workforce rental housing unit, the household income shall be calculated at or below 80% of the HUD area median income for the Nassau-Suffolk Counties based on family size.

(3) 

No lease shall be transferred or assigned.

E. 

Prior to occupancy of a leased unit, a copy of the executed lease agreement shall be provided to the housing group, along with an executed and sworn affidavit by the landlord and tenant, attesting that the lease agreement is true and accurate, that there are no other agreements between the parties, and that the tenant has not and will not pay any amounts to the landlord that are not reflected in the lease agreement.