Huntington, N.Y., Code of Ordinances ch. 74 (eCode360 ed. 2026) § 74-16
Fulfillment of Requirements
Operative Text
(A) The applicant shall provide at least seventy-five (75%) percent of the required affordable housing on site, unless the applicant proposes and the Planning Board finds, in its discretion after applying planning principles, that the location of such housing is better suited off-site, and provided further that the property proposed for development of off-site affordable housing is (1) located within the same school district as the subject property; and (2) is zoned so as to yield the same or greater yield of affordable housing than would have been attained on the original site; and (3) is designated for affordable for-sale or rental unit(s), whichever the Planning Board may deem appropriate for the off-site affordable housing, provided that: (1) The for-sale unit(s) shall be comparable in size and provide the same number of bedrooms as those that would be built on the original site. (2) In the event rental units will be utilized to satisfy the off-site affordable housing requirement, there shall be two (2) rental units for every for-sale unit where the median market price of the original site for-sale units is equal to or less than $975,000 and there shall be three (3) rental units for every for-sale unit where the median market price of the original site for-sale units is greater than $975,000. (3) In all instances, the for-sale or rental units shall be available for occupancy on or before the time that the original site units are made available for occupancy. (B) In lieu of providing the remaining twenty-five (25%) percent of the affordable units, the applicant may pay over to the Town of Huntington Affordable Housing Trust and Agency Fund the amounts shown below. The Affordable Housing Advisory Board may recommend increases in the amounts payable from time to time, and/or such increases may be instituted as approved by the Town Board. The Planning Board shall specify the amount to be paid in any resolution granting preliminary or conditional final approval of a subdivision, re-subdivision or site plan, and the amount shall be paid in full prior to the signing of a map or plan by the Director. (1) One Hundred Thousand ($100,000) Dollars per lot/dwelling in the R-5, R-7, R-10, R-15, R-3M and R-RM Zoning Districts. (2) One Hundred Seventy-Five Thousand ($175,000) Dollars per lot/dwelling in the R-20 Zoning District. (3) Two Hundred Twenty-Five Thousand ($225,000) Dollars per lot/dwelling in the R-40 Zoning District. (4) The amount payable in non-residential zoning districts where residential development is permitted, or in any newly-created zoning district containing a residential component shall be the same as in the zoning classification which has the closest yield.
Section 74-16 of Huntington, N.Y., Code of Ordinances ch. 74 establishes how developers must fulfill affordable housing requirements when building in the town. At least 75% of required affordable units must be built on the same site as the primary development, though the Planning Board may approve off-site placement if specific conditions are met—including being in the same school district, achieving equivalent or greater affordable housing yield, and being ready for occupancy no later than the original units. For the remaining 25%, developers may instead pay into the Town of Huntington Affordable Housing Trust and Agency Fund, with per-lot fees ranging from $100,000 to $225,000 depending on the zoning district.
Plain English — not legal advice.
Operators and developers subject to § 74-16 of Huntington's Code of Ordinances ch. 74 generally ensure that at least three-quarters of required affordable units are built on the primary development site, unless the Planning Board approves an off-site alternative meeting all enumerated criteria. When off-site rental units are used to satisfy the requirement, compliant developers account for the two-to-one or three-to-one rental-to-for-sale ratio depending on whether the median market price of original-site units falls above or below $975,000. Those opting to pay the in-lieu fee for the remaining 25% of units confirm the applicable per-lot amount for their zoning district—ranging from $100,000 in lower-density residential zones to $225,000 in R-40—and remit full payment before any map or plan is signed by the Director.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 74-16 of Huntington, N.Y., Code of Ordinances ch. 74, residents and prospective tenants of affordable units have an interest in knowing that off-site affordable housing must be ready for occupancy no later than the market-rate units on the original site, and that off-site rental units must meet specific quantity ratios relative to for-sale units. If affordable units in a development appear to be unavailable or delayed relative to market-rate units, tenants and community members can raise concerns with the Town of Huntington Planning Board or the Affordable Housing Advisory Board, which oversees recommendations related to in-lieu fee amounts. Tenant-rights organizations familiar with Huntington's affordable housing program can help individuals understand whether a particular development's affordable housing obligations have been properly fulfilled.
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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