Wawayanda, N.Y., Code of Ordinances ch. 104 (eCode360 ed. 2026) § 104-5
Application; standards for occupancy
Operative Text
A. Any individual or family seeking to avail themselves of affordable housing constructed pursuant to this chapter shall file an application with the Town Board of the Town of Wawayanda. The Town Board shall be entitled to require such information as it deems necessary to implement the provisions of this chapter. Upon determining that the individual or family meets the criteria for occupancy of affordable housing pursuant to this chapter, the individual's or family's name shall be placed on a list maintained by the Town Board, which list shall then be provided to the owners of existing affordable housing for their use in rentals and sales. (1) For rental housing, the following standards shall apply, following original eligibility: (a) Continued eligibility. Applicants for any rental dwelling units shall, if eligible and if selected for occupancy by the developer, sign a lease for a term of not less than one year nor more than two years. Each family shall be recertified for continued eligibility, and thereby continued occupancy, annually. (b) As long as a resident family remains eligible, as defined in this chapter, and has complied with the terms of its lease, said resident family shall be offered a lease renewal of not less than one year nor more than two years. If a resident family's annual gross income should subsequently exceed, by more than 10%, the moderate income for a family of its size, as defined above, and if there is at that time an otherwise eligible applicant, said resident family may complete its current lease term. If said resident family cannot find a non-moderate-income apartment to rent prior to the lease termination of the moderate-income unit it occupies, it may receive one six-month extension but shall not be offered any additional lease extensions beyond said term. (2) For sale housing. In purchasing moderate-income single-family dwellings or cooperative or condominium units, applicants must exhibit a good faith inability to acquire similar housing, plus a twenty-mile radius therefrom in every direction. Purchasers must, however, meet any requirements imposed by the lender who will supply financing for the premises. B. In awarding privately owned residences, the Town will establish, at a meeting of the Town Board, exactly what factors shall be used to determine eligibility, but it is hereby determined that a good faith examination of each applicant's gross income, as described above, will be the prevailing determining factor of eligibility.
Section 104-5 of Wawayanda's Code of Ordinances establishes the process by which individuals and families apply for affordable housing developed under Chapter 104. Applicants must submit an application to the Town Board, which maintains an eligibility list and shares it with affordable housing owners for use in rentals and sales. Rental occupants face annual recertification requirements, and those whose incomes rise more than 10% above the moderate-income threshold may be required to vacate after completing their current lease term, with at most one six-month extension if alternative housing cannot be found. For sale housing, applicants must demonstrate a good-faith inability to find comparable housing within a twenty-mile radius.
Plain English — not legal advice.
Owners of affordable housing units subject to Wawayanda Code ch. 104 § 104-5 generally draw prospective tenants from the eligibility list maintained and distributed by the Town Board rather than conducting independent open-market outreach. Compliant operators offer lease terms of one to two years to eligible, selected applicants and participate in the annual recertification process to confirm continued tenant eligibility. When a tenant's income exceeds the moderate-income threshold by more than 10% and an otherwise eligible applicant is waiting, operators under § 104-5 are generally positioned to decline lease renewal beyond the allowable extension period once the current term and any single six-month extension have concluded.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Wawayanda Code ch. 104 § 104-5, eligible renters have the right to lease renewals of one to two years so long as they remain income-eligible and have complied with their lease terms. If annual recertification shows that a household's income has grown more than 10% above the moderate-income limit and a qualified applicant is on the waiting list, the household retains the right to finish its current lease and may request one six-month extension if alternative housing has not been secured. Tenants who believe their eligibility has been incorrectly assessed or that their renewal rights under § 104-5 have not been honored may wish to contact the Town Board of the Town of Wawayanda directly or consult a tenant-rights organization familiar with New York affordable housing regulations.
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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