.LOCAL LAW -2026
BY:
LOCAL LAW AMENDING CHAPTER 43 OF THE CODE OF THE CITY OF YONKERS TITLED “ZONING” BY AMENDING ARTICLE XV IN RELATION TO AFFORDABLE HOUSING
Be it enacted by the City Council of the City of Yonkers as follows:
Section 1. Chapter 43 of the Code of the City of Yonkers titled “Zoning” is hereby amended, in part, by amending Section 43-192, “Definitions of terms” as follows:
§ 43-192. Definitions of terms.
As used in this article, the following terms shall have the following meanings as indicated:
AFFORDABLE HOUSING TRUST FUND (AHTF) - A trust fund created for the use of receiving funds from developers required to provide Affordable Housing Units that have been granted the option of paying into the AHTF in lieu of developing the required number of affordable units. The AHTF shall further the purpose of the renovation, rehabilitation, and/or remediation of units and infrastructure dedicated for affordable housing. The AHTF Committee must apply at least 50% of the AHTF funds to assist projects promoting the construction, rehabilitation or redevelopment of units that will be affordable to households earning between 30% and 49% of AMI. The AHTF Committee shall apply 10% of the AHTF funds to the assistance of housing for seniors or disabled persons. The AHTF Committee shall apply the remaining 40% of the AHTF funds to such other purposes as it deems appropriate to further the purposes of this article. All decisions by the AHTF Committee regarding the allocation of funds are within its discretion. Nothing in this article shall be construed as providing to any developer or other applicant any AHTF funds or other subsidy from the City as a matter of right.
AFFORDABLE HOUSING TRUST FUND COMMITTEE (AHTF COMMITTEE) - A committee composed of the following five seven voting members: the Mayor of the City of Yonkers, or his/her designee; a member appointed by the Mayor, the Deputy Mayor of the City of Yonkers, or his/her designee; the Commissioner of Planning and Development of the City of Yonkers, or his/her designee; the President of the Yonkers City Council, or his/her designee, the Majority Leader of the Yonkers City Council, or his/her designee; and the Minority Leader of the Yonkers City Council, or his/her designee. The AHTF Committee shall administer the AHTF and perform such other duties as provided in this article.
AFFORDABLE HOUSING UNIT - A dwelling unit, as defined herein, which has been made affordable to a specified income group, and for which affordability controls shall apply pursuant to this article. Unless expressly stated herein, the term Affordable Housing Unit shall include both Affordable Ownership Housing Units and Affordable Rental Housing Units, as defined herein.
AFFORDABLE OWNERSHIP HOUSING UNIT - An Affordable Housing Unit that is subject to a sale and transfer of ownership by deed or shares to the occupant.
AFFORDABLE RENTAL HOUSING UNIT - An Affordable Housing Unit that is leased to occupants with ownership being retained by another.
AREA MEDIAN INCOME (AMI) - The most recently updated annual median household income figures, adjusted for family size, calculated and published by the U.S. Department of Housing and Urban Development (HUD) for Westchester County, New York State.
BONUS INCLUSIONARY DEVELOPMENT - A multifamily development in which more than 10% of the dwelling units are Affordable Housing Units.
CITY OF YONKERS - A municipal corporation established pursuant to the laws of the State of New York with offices at 40 South Broadway, Yonkers, New York, 10701.
DEVELOPER - The lead entity responsible for the assemblage of property and overseeing the planning, design, financing, construction, marketing, and lease or sale of a multifamily development.
DWELLING UNIT OR DWELLING - A building, or entirely self-contained portion thereof, containing its own sleeping, sanitary and cooking facilities, occupied or intended to be occupied for residential purposes by one family. (All references to a family herein shall include a single- person family.)
INCLUSIONARY DEVELOPMENT - A multifamily development in which a portion of the dwelling units are Affordable Housing Units as required by § 43-194.
LARGE MULTIFAMILY HOUSING DEVELOPMENT - A multifamily development containing 100 or more dwelling units.
MARKET RATE DWELLING UNIT - A building, or entirely self-contained portion thereof, containing its own sleeping, sanitary and cooking facilities, occupied or intended to be occupied for residential purposes by one family that is not income-restricted or publicly subsidized.
MEDIUM MULTIFAMILY HOUSING DEVELOPMENT - A multifamily development containing between 75 and 99 dwelling units.
MULTIFAMILY DEVELOPMENT - One or more residential buildings developed in a single project collectively containing 20 or more dwelling units.
SMALL MULTIFAMILY HOUSING DEVELOPMENT - A multifamily development containing between 21 and 74 dwelling units.
TERM OF AFFORDABILITY - The duration, beginning on the date of first rental or sale, that a new or rehabilitated Affordable Housing Unit must remain affordable to its originally intended income category.
UNDUE CONCENTRATION - A census tract within the City of Yonkers where the number of low-income persons living in the census tract is greater than 50% as defined by the most recently published U.S. Census Bureau demographics for the City of Yonkers.
Section 2. Chapter 43 of the Code of the City of Yonkers titled “Zoning” is hereby amended, in part, by amending Section 43-195, “Required number and distribution of Affordable Rental Housing Units in Inclusionary Developments”, subsection (A) as follows:
§ 43-195. Required number and distribution of Affordable Rental Housing Units in Inclusionary Developments
A. Except as provided in this Article, a Large Multifamily Housing Development providing Affordable Rental Housing Units shall provide a minimum number of Affordable Rental Housing Units equal to 10% of the maximum aggregate number of units authorized for construction in such development. The Affordable Rental Housing Units shall be made available to families (including single-person families) with an annual household income in the following proportion and income-eligibility ranges:
(1) Forty percent of the units shall be provided to households earning between 40% and 65% of AMI.
(2) Twenty percent of the units shall be provided to households earning between 66% and 80% of AMI.
(3) Forty percent of the units shall be provided to households earning between 81% and 100% of AMI.
Except as provided in this Article, a Large Multifamily Housing Development providing Affordable Rental Housing Units shall provide a minimum number of Affordable Rental Housing Units equal to either:
(1) Eight percent (8%) of the maximum aggregate number of units authorized for construction in such development with 100% of the Affordable Rental Units provided to households earning between 40-60% of AMI; or
(2) Twelve percent (12%) of the maximum aggregate number of units authorized for construction in such development with 100% of the Affordable Rental Units provided to households earning between 61-80% of AMI.
Section 3. Chapter 43 of the Code of the City of Yonkers titled “Zoning” is hereby amended, in part, by amending Section 43-198, “Payment in Lieu”, as follows:
§ 43-198. Payment in Lieu
A. A simple majority of the AHTF Committee may waive the number of Affordable Housing Units required to be provided in connection with a for Large Multifamily Housing Development pursuant to this article and require the creation of a minimum number of Affordable Housing Units equal to not less than half of the number of Affordable Housing Units required to be constructed 5% of the maximum aggregate number of units authorized for construction as part of such development and provide a cash payment in lieu of Affordable Housing Units in the following manner:
(1) Pay, in lieu of providing a minimum number of Affordable Housing Units equal to not less than half of the number of Affordable Housing Units required to be constructed 5% of the maximum aggregate number of units authorized for construction as part of such development, a fee to the AHTF in accordance with the following contribution requirements:
Unit Size Per-Unit AHTF Contribution
Studio $90,000
1 bedroom $130,000
2 bedroom $150,000
3 bedroom $200,000
These unit contribution rates shall remain in effect through the end of 2014. Thereafter, annual Annual contribution rates shall be established by the AHTF Committee based on rules and regulations promulgated by the AHTF Committee. Under no circumstances shall the Committee reduce the per-unit AHTF contribution levels listed above. For purposes of the developer's contributions to the AHTF, the provisions of this article regarding bedroom distribution shall govern. Specifically, the bedroom distribution for the Affordable Housing Units payment in lieu of development shall be in the same proportion and mix as the Market Rate Dwelling Units; and
(2) Provide Set aside a minimum number of the number of Affordable Housing Units required after payment in lieu in accordance with this Article. equal to 5% of the maximum aggregate number of units authorized for construction in such developments. The units provided shall be provided to families with an annual household income in the following proportion and income-eligibility ranges otherwise required pursuant to this Article, pro rata.
(a) If Affordable Rental Housing Units, then
i. Forty percent of the Affordable Rental Housing Units shall be provided to households earning between 40% and 65% of AMI.
ii. Twenty percent of the Affordable Rental Housing Units shall be provided to households earning between 66% and 80% of AMI.
iii. Forty percent of the Affordable Rental Housing Units shall be provided to households earning between 81% and 100% of AMI; or
(b) If Affordable Ownership Housing Units, then one hundred percent of the Affordable Ownership Housing Units shall be provided to households earning between 80% and 120% of AMI.
Section 4. This Local Law shall take effect upon compliance with §C4-6 of the Charter of the City of Yonkers and the provisions of the Municipal Home Rule Law of the State of New York.