Pelham, N.Y., Code of Ordinances ch. 25 (eCode360 ed. 2026) § 25-8
Minimum floor area
Operative Text
The minimum gross floor area for any given AFFH unit shall not be less than 80% of the average floor area of similar unit types in the residential development which are not AFFH units and unless otherwise required to meet the requirements of the New York State Building Code as may be amended from time to time. For the purposes of this chapter, a balcony or terrace appurtenant to a dwelling unit located above the ground floor and having an area of 50 square feet or more may be counted for the purpose of meeting the minimum floor area requirement.
Under Pelham, N.Y., Code of Ordinances ch. 25 § 25-8, every Affirmatively Furthering Fair Housing (AFFH) unit in a residential development must have a gross floor area equal to at least 80% of the average floor area of comparable non-AFFH units in the same development. The New York State Building Code may impose additional size requirements that override this local floor. Balconies or terraces attached to above-ground-floor units and measuring 50 square feet or more can be counted toward satisfying this minimum.
Plain English — not legal advice.
Developers and property managers subject to ch. 25 § 25-8 generally calculate the average floor area of each non-AFFH unit type in their development and confirm that every corresponding AFFH unit meets the 80% threshold before finalizing floor plans. Compliant operators also verify that any applicable New York State Building Code standards are met, since those requirements can set a higher bar than the local rule. When above-ground-floor balconies or terraces of at least 50 square feet are included in a unit's design, those areas may be applied toward satisfying the minimum floor area calculation under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 25-8 of Pelham's Code of Ordinances gives residents of AFFH units a right to a unit that is not disproportionately smaller than comparable market-rate units in the same building. If a tenant believes their AFFH unit falls below the 80% floor-area threshold, that concern can be raised with local housing officials or the municipality's code enforcement office. Tenant-rights organizations familiar with Westchester County housing law can help residents understand how this provision applies and what general enforcement paths may be available.
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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