Hamburg Town, N.Y., Code of Ordinances ch. 109 (eCode360 ed. 2026) § 109-11
Affirmatively furthering fair housing
Operative Text
It shall be the policy of the Town to affirmatively further fair housing by adopting zoning ordinances which promote the inclusion of affordable rental housing in all multifamily developments of eight or more units. A. Affordable housing shall be defined as housing for which rent and utilities shall constitute no more than 30% of the gross annual income for a household whose income is greater than 50% but does not exceed 80% of the Erie County median income. B. The Town shall offer a density bonus which allows the developer to increase the number of market-rate units permitted to be built on a site at a rate of one additional market-rate unit for each affordable unit. C. In calculating the number of affordable units, the total number of proposed units shall be multiplied by 10%. If the product produces a fraction, a fraction of 0.5 shall be rounded up to the next higher whole number, and a fraction of less than 0.5 shall be rounded down to the next lower whole number. D. In order to assure integration within a multifamily development, affordable units shall not be clustered, but mixed with market-rate units. Additionally, the exterior appearance of affordable units shall be made similar to market-rate units by the provision of exterior finishes and materials of substantially the same type and quality. E. Developers shall be required to maintain affordability of designated units for a period of not less than 30 years from the date a certificate of occupancy is issued. In the event a multifamily development is sold, the new owner shall be responsible for maintaining affordability of units for the balance of the regulatory period.
Hamburg Town Code § 109-11 establishes a policy of affirmatively furthering fair housing by requiring that multifamily developments of eight or more units include a share of affordable rental units—defined as housing where rent and utilities do not exceed 30% of gross income for households earning between 50% and 80% of Erie County's median income. Developers who include these affordable units receive a density bonus of one additional market-rate unit for each affordable unit provided. Affordable units must be dispersed throughout the development, must resemble market-rate units in exterior appearance, and must remain affordable for at least 30 years from the issuance of a certificate of occupancy.
Plain English — not legal advice.
Under § 109-11, operators of multifamily developments of eight or more units in Hamburg Town generally calculate the required affordable unit count by multiplying total proposed units by 10%, rounding per the provision's rules. Compliant developers integrate affordable units among market-rate units rather than clustering them, and ensure exterior finishes are of substantially the same type and quality. The affordability obligation runs with the property for at least 30 years, meaning any subsequent owner assumes responsibility for the remaining regulatory period.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 109-11 gives tenants in qualifying Hamburg Town multifamily developments the right to live in units that meet the affordability standard—rent and utilities capped at 30% of gross income for households in the 50–80% Erie County median income range. Affordable units must look and feel comparable to market-rate units, with no clustering or inferior exterior finishes. Tenants who believe a development is not complying with these requirements may contact Hamburg Town's code enforcement office or consult a tenant-rights organization for guidance on available options.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation