Pelham, N.Y., Code of Ordinances ch. 25 (eCode360 ed. 2026) § 25-11
Resale requirements
Operative Text
A. In the case of owner-occupied AFFH units the title to the property shall be restricted so that, in the event of any resale by the home buyer or any successor, the resale price shall not exceed the then-maximum sales price for the units, as determined in this chapter, or the sum of: (1) The net purchase price (i.e., gross sales price minus subsidies) paid for the unit by the selling owner, increased by the percentage increase, if any in the Consumer Price Index for Urban Wage Earners and Clerical Workers in the New York-Northern New Jersey Area, as published by the United States Bureau of Labor Statistics (the Index) on any date between the month that was two months earlier than the date on which the seller acquired the unit and the month that is two months earlier than the month in which the seller contracts to sell the unit. If the Bureau stops publishing this index and fails to designate a successor index, then the Village shall designate a substitute index; plus (2) The cost of major capital improvements made by the seller of the unit while said seller of the unit owned the unit as evidenced by paid receipts depreciated on a straight line basis over a 15-year period from the date of completion, and such approval shall be requested for said major capital improvement(s) no later than the time the seller of the unit desires to include it in the resale price. B. Notwithstanding the foregoing, in no event shall the resale price exceed an amount affordable to a household at 80% of AMI at the time of the resale.
Pelham, N.Y., Code of Ordinances ch. 25 § 25-11 establishes a resale price ceiling for owner-occupied Affordable Fair and Family Housing (AFFH) units. When such a unit is sold or resold, the allowable price is capped at either the chapter's maximum sales price or a formula that adjusts the original net purchase price by CPI growth and adds depreciated costs of major capital improvements made during ownership. Regardless of how the formula calculates, the final resale price can never exceed what would be affordable to a household earning 80% of the Area Median Income at the time of the sale.
Plain English — not legal advice.
Operators and developers managing AFFH units under ch. 25 § 25-11 generally ensure that deed restrictions or title covenants are recorded at the time of initial sale to enforce the resale price ceiling on all future transfers. Compliant practice includes maintaining documentation of the original net purchase price, tracking CPI figures from the relevant New York–Northern New Jersey index, and obtaining timely approval for any major capital improvements a seller wishes to include in the resale calculation. Because the 80% AMI affordability cap applies at the moment of resale, operators typically monitor AMI updates from the relevant housing authority to verify that any proposed resale price remains within the permitted ceiling.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Buyers and owners of AFFH units in Pelham should be aware that ch. 25 § 25-11 places a legally binding limit on the price at which their unit can be resold, a restriction that runs with the title and binds successors as well. If a resale is proposed at a price that appears to exceed the formula-based ceiling or the 80% AMI affordability cap, that excess price may constitute a violation of the chapter's requirements. Tenants or prospective buyers who believe a resale price violates this provision may consider raising the issue with the Village of Pelham, consulting a tenant-rights organization familiar with local affordable housing restrictions, or seeking independent legal guidance.
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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