White Plains, N.Y., Mun. Code ch. 9-7 § 9-7-3

(A) Affordable Housing Obligation by Project Size.
(1) ARHP Applicable Rental Projects approved after September 15, 2025* are required to provide Affordable Units in accordance with the following table. Projects containing 15 or more units may select either the 8% or 12% set-aside requirement.
Total Units in Development | Number/Percentage of required ARHP units | AMI Level
1--9 | None | --
10--14 | 1 | 60% AMI
15+ | 12% | 60% AMI
8% | 40% AMI
(2) ARHP Applicable Rental Projects providing affordable housing pursuant to a site plan approved prior to September 15, 2025, remain subject to the terms and conditions of the resolution approving the project.
(3) For amendments made to site plans approved prior to September 15, 2025, the regulations herein will be applied to any increase in dwelling units beyond the previously approved plan. Site Plan extensions are not classified as site plan amendments.
(4) If calculating the number of required Affordable Units results in a decimal of 0.5 or greater, the number of affordable dwelling units required shall be the next greater whole number.
(B) Term of Affordability. The dedicated ARHP Affordable Units must remain affordable in perpetuity, for the life of the project.
(C) Affordable Unit Allocation by Size and Percent of AMI.
(1) Affordable Units must be provided onsite and allocated by unit size (bedroom and bathroom count) in the same proportion as the Market Rate Units.
(2) Affordable Units shall be distributed throughout the building(s), except that for any building ten (10) or more stories in height, the top four floors may be reserved for Market Rate Units.
(3) Each Affordable Unit in a development shall be designated as a 40% unit or a 60% unit, and it shall retain that designation regardless of whether tenant income fluctuations or market conditions necessitate a change to the Affordable Rent.
(4) Affordable Units shall maintain the AMI designation assigned at the time of site-plan approval, except if subsequently revised by the ARHP Administrative Agent upon request by the property owner or manager. Any such revision is permitted only if it increases the number of affordable units on site and/or provides deeper affordability (i.e. serves households at a lower AMI level).
(D) Marketing. The marketing of Affordable Units shall be in compliance with Federal and State Fair Housing Laws. The Planning Department maintains a pool of eligible ARHP households, and will refer them to leasing agents as units become available in participating buildings.
(E) Dwelling Unit Size and Quality.
(1) The Affordable Unit(s) shall be of comparable square footage to the Market Rate Units.
(2) Affordable Units must be maintained and updated on the same schedule and in the same manner as Market Rate Units.
(3) All tenants in the Affordable Units shall have access to the same amenities as the tenants in Market Rate Units.
(F) Occupancy. An ARHP Affordable Unit must be the primary residence of the Household. Only persons listed on the ARHP application or recertification form shall occupy an ARHP unit. Any change to Household composition must be reported to the ARHP Administrative Agent. Affordable Units may not be sublet.
(G) Timing of Construction. The Affordable Units shall be constructed and issued certificates of occupancy concurrently with, or prior to, the Market Rate Units in the development. If a project has phased construction, Affordable Units shall be provided on a pro rata basis.
(H) Methods of Meeting the Affordable Housing Obligation. The affordable housing requirement may be satisfied through one or both of the following methods:
(1) Inclusion of Affordable Units within an ARHP development as described in Section C above; or
(2) Payment of a fee-in-lieu of providing Affordable Units within the ARHP development. A fee-in-lieu payment is permitted for up to 35 Affordable Units. The per unit fee, shall be 130% (1.30X) of the HUD Westchester County AMI for a four (4) Person Household, and shall be made before the project receives its first temporary or final Certificate of Occupancy (CO).
For projects where it may be possible for an Applicant to make a fee-in-lieu payment for their entire affordable housing obligation, the Affordable Unit requirement is calculated at 12% of total project units. Applicants selecting the 8% set-aside option may choose to make a fee-in-lieu payment for a portion of their affordable housing obligation provided a minimum of 5 ARHP Affordable Units are constructed within the project.
Fee-in-lieu payments shall be calculated based on the Westchester County Area Median Income, Sales and Rent Limits Guidelines in effect at the time of payment and may be made any time after project approval but prior to the issuance of the first temporary or final Certificate of Occupancy for each building within the development. Fee-in-lieu payments will be deposited into the Affordable Housing Assistance Fund. If a project has phased construction, payments for Affordable Units shall be provided on a pro-rata basis.
The selected method of satisfying an affordable housing obligation may be modified prior to the issuance of the first Certificate of Occupancy without requiring a site plan amendment, provided that any such modification complies with and remains subject to the affordable housing regulations herein.
(I) Rental Terms.
(1) Qualifications: Other than income requirements, ARHP tenants are subject to the same leasing qualifications as those required for market rate tenants.
(2) Application Fees: Application fees charged by the developer or management agency (including the charge for any credit check) shall not exceed 5 percent of the monthly rent of the applicable ARHP Affordable Unit. Except for a security deposit, additional up-front fees shall not exceed 20 percent of the monthly rent.
(3) Rent: The maximum monthly rental rate for the ARHP Affordable Units shall be established using the Westchester County Area Median Income, Sales and Rent Limits Guide, minus the appropriate utility allowance contained therein and adjusted annually. The rent for an ARHP unit shall not be higher than the rent for a market rate unit.
(4) Additional Rental Fees: Tenants shall be responsible for security deposits and the full amount of the rent as stated on the lease. Tenants may be charged fees for optional services they choose, such as pet or parking fees associated with the rental in the same manner as other tenants of the building. However, any mandatory fees shall be considered a part of the rent and there will be a corresponding reduction in the ARHP monthly rent. No additional fees or charges shall be added to the Affordable Rent.
(5) Utilities: The ARHP rent will be reduced for utility costs not included in the rent. The deduction(s) will be made pursuant to the Utility Allowance Schedule published annually by HUD for Westchester County.
(6) A written lease is required for each ARHP rental unit, and a copy shall be provided to the ARHP Administrative Agent. The lease shall state which utilities are the tenant's responsibility, if any.
(7) All Household members 18 years and older must sign the lease.
(8) Under no circumstances shall the Affordable Unit premises be occupied by, subleased, or boarded to anyone other than the ARHP tenant(s).
(9) Renewal of a lease shall be subject to the terms and conditions of the original lease and the conditions of Federal, State, or Westchester County provisions that may be imposed by the terms of the original funding agreements for the development, and the determination of continued eligibility by the ARHP Administrative Agent.