Wawayanda, N.Y., Code of Ordinances ch. 104 (eCode360 ed. 2026) § 104-3
Definitions
Operative Text
As used in this chapter, the following terms shall have the meanings indicated: AFFORDABLE HOUSING (AH units) Dwelling units established pursuant to the provisions of this chapter which shall be affordable to moderate-income residents, including the single-family detached dwelling units, attached dwelling units, condominium or cooperative units and rental apartments, but shall not include mobile home units. APPLICANT Any person, corporation, partnership or other entity who seeks to develop an affordable housing project pursuant to the provisions of this chapter. FOR SALE HOUSING PRICE The sale price of housing for sale for single-family dwelling units (excluding all closing costs, mandatory fees, etc.), which price shall not exceed the applicable maximum sales price, as established from time to time by the Town Board of Wawayanda. These sale prices shall be based upon a good faith understanding that the homeowner's monthly costs for housing (which include mortgage payments, insurance, taxes, utilities and maintenance charges) should not exceed 30% of the maximum gross monthly income for each specific family size, which maximum incomes shall be established either by resolution of the Town Board of Wawayanda or by a regulation or law duly passed. INCOME A family's total gross income from all sources, excluding the earnings of children under the age of 21 or full-time students. MODERATE INCOME An income amount established from time to time by the Town Board of the Town of Wawayanda after considering at least the following criteria: A. The median household income for residents of the Town of Wawayanda. B. The median household income for residents of the County of Orange. C. The median household income of residents of the State of New York. D. Any definitions or statistical items promulgated by federal, state or local municipalities as may be presented by an applicant. E. Any further definitions or information submitted to the Board that would enable the Board to better establish a "moderate-income" figure. F. The number of family members, including all dependents. MODERATELY PRICED DWELLING UNITS Any dwelling unit (described under the definition of affordable housing above), which is either sold or rented in accordance with the provisions of this chapter. RENTAL HOUSING PRICE The rental price for housing, which rent shall not exceed the applicable maximum rent levels, as established from time to time by the Town Board of Wawayanda or by a regulation or law duly passed. The established rent levels shall be based upon a good faith understanding that the lessee's monthly housing costs (which costs include any rent, utilities or other monthly payments to the lessor) should not exceed 30% of the maximum gross monthly income for each specific family size, which maximum incomes shall be established either by resolution of the Town Board of Wawayanda or by a regulated law duly passed.
Section 104-3 of Wawayanda's Code of Ordinances Chapter 104 establishes the key definitions that govern the town's affordable housing program. It sets out what counts as 'affordable housing,' who qualifies as an 'applicant,' and how sale prices and rental prices are calculated — with both capped so that total monthly housing costs do not exceed 30% of the applicable maximum gross monthly income for a given family size. 'Moderate income' is not a fixed number but is determined periodically by the Town Board after weighing local, county, and state median household incomes, federal or state guidelines, and family size. These definitions form the interpretive foundation for all other requirements in Chapter 104.
Plain English — not legal advice.
Operators and developers working under Wawayanda Code Chapter 104 should be aware that § 104-3 defines the price ceilings for both for-sale and rental units by reference to maximum income levels set by the Town Board — not by a static dollar figure written into the code. Compliant operators generally track Town Board resolutions and any duly passed regulations that update those income thresholds and corresponding rent or sale-price limits. Because 'moderate income' under § 104-3 is recalibrated over time using local, county, and state median income data as well as family size, operators typically maintain current documentation of the applicable limits when pricing or re-pricing units in the program.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 104-3 of Chapter 104 establishes that rental housing prices in Wawayanda's affordable housing program are meant to keep total monthly housing costs — including rent, utilities, and other payments to the landlord — at or below 30% of the maximum gross monthly income for a household's family size. Tenants in moderately priced dwelling units have an interest in knowing what income thresholds and rent ceilings the Town Board has currently established, since those figures directly affect what a landlord may lawfully charge under this chapter. Tenants who believe a rental price exceeds the applicable maximum under § 104-3 may wish to consult a tenant-rights organization or contact the Town of Wawayanda directly to learn about available complaint or review processes.
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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