Wawayanda, N.Y., Code of Ordinances ch. 104 (eCode360 ed. 2026) § 104-7
Eligibility standards
Operative Text
A. Eligibility standards for ownership. Any person wishing to acquire ownership in fee or cooperative means of a residential unit constructed pursuant to the provisions of this chapter shall complete a certification to the Town of Wawayanda showing that such person meets the moderate-income standards as the same are from time to time established pursuant to this chapter. B. Eligibility standards for rental housing. Any person seeking to rent a residential unit created pursuant to this chapter shall file a certification with the Town of Wawayanda demonstrating that such person meets the moderate-income standards established from time to time pursuant to this chapter. Any such renter shall be required not less than biannually nor greater than annually to submit a recertification to the Town Board demonstrating that such person meets the moderate-income standards set forth above. In the event that any such person's income exceeds the standards, such person shall be entitled to no more than six months' occupancy of any rental unit following the expiration of the term during which the moderate-income level has been exceeded. C. Sale and subletting restrictions. Every purchaser at the time of certification of income shall further certify that his intention is to occupy the dwelling unit to be acquired. Such certification shall include an acknowledgment that a subsequent rental of the premises shall be made in accordance with the provisions of this chapter concerning rental of affordable housing. Any resale of a dwelling unit subject to this chapter shall have a restricted sales price, which price shall not exceed the sum of the following: (1) The original sales price. (2) The cost of any improvements as demonstrated by production of paid bills. (3) An additional sum calculated by factoring in the annual increase in value utilizing the federally established consumer price index for the greater New York metropolitan area or its equivalent formula. (4) Five percent of the sum of the foregoing three items. D. Subleasing or rentals. Any owner of a dwelling unit who wishes to rent and any tenant within a dwelling unit who wishes to sublet shall be bound to the same rental restrictions as herein before set forth.
Section 104-7 of Wawayanda's Code of Ordinances establishes who may own or rent residential units built under Chapter 104's affordable housing program. Both buyers and renters must certify to the Town that they meet the moderate-income standards defined under the chapter, and renters must recertify at least once a year but no more than twice a year. If a renter's income rises above the qualifying threshold, they may remain in the unit for no more than six months after the end of the term in which the excess income was first recorded. Resales of these units are subject to a restricted price formula that accounts for the original purchase price, documented improvement costs, a consumer price index adjustment, and an additional five percent of that combined total.
Plain English — not legal advice.
Operators of affordable housing units created under Wawayanda Code ch. 104 § 104-7 generally collect and retain income certifications from prospective tenants before occupancy begins and track the required recertification cycle, which must occur at least annually but no more frequently than twice per year. When a tenant's income is found to exceed the moderate-income threshold during recertification, compliant operators recognize that the tenant's right to remain is limited to no more than six months following the end of the non-compliant term. Owners who wish to rent or resell their units must also adhere to the same income-eligibility and restricted-price requirements, including documenting improvement costs and applying the consumer price index formula set out in § 104-7(C).
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 § 104-7, tenants in units built through the Town's affordable housing program have the right to occupy those units so long as they continue to meet the moderate-income standards and submit timely recertifications to the Town Board. If a tenant's income grows beyond the qualifying level, § 104-7(B) provides a transition period of up to six months after the affected term expires before the tenancy must end. Tenants who believe a landlord is not following the certification, recertification, or subletting rules of § 104-7 may consider raising the issue with the Town of Wawayanda directly or consulting a tenant-rights organization familiar with local 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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