Huntington, N.Y., Code of Ordinances ch. 74 (eCode360 ed. 2026) § 74-21
Sale and Resale of Affordable Units
Operative Text
The Huntington Community Development Agency shall monitor the sale and resale of all affordable units for compliance with this Chapter. All contracts of sale shall be provided by the Agency, and shall not be amended except as authorized by the Director. The Director may pre-approve the developer's standard contract of sale in advance. (A) Initial Sales Price. The initial sale price of each newly-created affordable unit shall be calculated based upon the Nassau-Suffolk median income for a family of four (4) at the time the contract is fully executed, and shall remain at that price until all of the initial units are sold, as follows: (1) For developments requiring the construction of only one (1) affordable unit, the initial sale price of the unit shall be an amount equal to eighty (80%) percent of the Nassau-Suffolk median income for a family of four (4) multiplied by 2.5. (2) For developments in which more than one (1) affordable unit is required, the initial sale price of half the units shall be an amount equal to eighty (80%) percent of the Nassau-Suffolk median income for a family of four (4) multiplied by 2.5. If the developer can demonstrate to the satisfaction of the Director of the Huntington Community Development Agency sufficient justification for the construction of one (1) or more units containing additional living space of at least twenty-five (25%) square footage of proposed eighty (80%) units, such as additional bedrooms over the number required, the initial sale price of such units shall be one hundred twenty (120%) percent of the Nassau-Suffolk median income for a family of four (4) multiplied by 2.1. In no event shall these larger units comprise more than half of the number of affordable units. In the event an odd number of affordable units is required, the initial sale price of the additional unit shall be an amount equal to eighty (80%) percent of the Nassau-Suffolk median income for a family of four (4) multiplied by 2.5. (3) In commercial zones where units are constructed in a mixed-use setting and such units are offered for sale, fifty percent (50%) of the required affordable units may be one (1) bedroom and (50%) may be studios with the initial sale price of the one (1) bedroom units equal to eighty percent (80%) of the Nassau-Suffolk median income for a family of four (4) multiplied by 2.3, and the initial sale price of the studio units equal to eighty percent (80%) of the Nassau-Suffolk median income for a family of four (4) multiplied by 2.2. In the event an odd number of affordable units are required, the Director of the Huntington Community Development Agency shall determine whether the unit is a studio or one bedroom, as circumstances warrant. (B) Resale of Affordable Units. (1) All purchasers must be approved by the Huntington Community Development Agency and taken from a waiting list maintained by the Agency or its designee. Any individual interested in selling an affordable unit must notify the Agency in writing that the unit is for sale, and the Agency shall notify the prospective seller of the next qualified purchaser in the order of their appearance on the Agency-maintained list, until a qualified purchaser has agreed to purchase the available unit. The Huntington Community Development Agency will make its best efforts to find a qualified purchaser within six months of being notified that the unit is for sale. If in the event the HCDA is unable to secure a qualified purchaser for such unit within a six-month period, then and only then, may the seller locate a buyer provided that the buyer meets all the affordable housing requirements for that development. The potential buyer will have to fill out an application and provide all necessary documentation for review and approval by the HCDA prior to executing a contract of sale. (2) Ownership of affordable units must be titled to the approved purchaser(s) only and may not be transferred by will, devise, intestacy, gift, purchase on the open market, or otherwise. Title may also be transferred to a court-appointed referee in mortgage foreclosure proceedings provided the unit is offered for sale and transferred to the next eligible applicant in accordance with the provisions of this legislation, and a copy of the Order of Reference and Order of Sale is provided to the Director. (3) Resale prices shall be restricted and calculated using the initial sales price increased by the cumulative annual increases of the Consumer Price Index (CPI). Notwithstanding any other provision to the contrary, the resale price of an affordable unit may be increased by an amount not to exceed fifty (50%) percent of the documented capital improvements made by the seller, as approved by the Director, up to a maximum amount of ten thousand ($10,000.) dollars. (4) Prior to closing, a copy of the executed Contract of Sale shall be provided to the Huntington Community Development Agency along with an executed and sworn affidavit by the Seller and Purchaser, attesting that the Contract of Sale is true and accurate, that there are no other agreements between the Seller and Purchaser, and that the Purchaser has not and will not pay any amounts to the Seller which are not reflected in the Contract of Sale. (C) Affidavit of Owner. The Huntington Community Development Agency or other housing administrator may, at its discretion, require owners of affordable units under their jurisdiction to verify that their unit is their domicile (primary residence) by signing an annual Affidavit and Disclosure Statement.
Huntington, N.Y., Code of Ordinances ch. 74 § 74-21 establishes a comprehensive framework governing how affordable housing units in Huntington are priced and transferred. Initial sale prices are calculated using formulas tied to the Nassau-Suffolk median income for a family of four, with variations based on unit size, bedroom count, and development type. Resale prices are restricted to the original sale price adjusted by cumulative Consumer Price Index increases, with a limited allowance for documented capital improvements up to $10,000. The Huntington Community Development Agency (HCDA) oversees all transactions, maintains a waiting list of qualified buyers, and controls the contracts used in every sale.
Plain English — not legal advice.
Developers and property owners operating under ch. 74 § 74-21 generally use only the Agency-provided contracts of sale and obtain any necessary pre-approval from the Director before using a standard contract form. Compliant operators calculate initial sale prices strictly according to the income-based formulas specified in the ordinance, applying the correct multiplier for unit type and development context. When an affordable unit is being resold, owners notify the HCDA in writing and work through the Agency's waiting list process, submitting documentation of any capital improvements they wish to include in the resale price calculation. Owners also remain prepared to sign an annual Affidavit and Disclosure Statement confirming that the affordable unit is their primary residence if the HCDA requests one.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under ch. 74 § 74-21, prospective buyers of affordable units in Huntington have the right to be considered through the HCDA's official waiting list, and no sale can proceed to a buyer who has not been approved by the Agency. If you are on the waiting list, the HCDA is obligated to make its best efforts to notify you when a unit becomes available in your order of priority. Tenants or buyers who believe a sale or resale price does not comply with the ordinance's income-based formulas or CPI-adjustment rules may raise that concern directly with the Huntington Community Development Agency. Consulting a tenant-rights organization or housing counselor familiar with Huntington's affordable housing program can help clarify available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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