Huntington, N.Y., Code of Ordinances ch. 74 (eCode360 ed. 2026) § 74-18

The following shall be established conditions of the change of zone, whether or not specifically incorporated in the Town Board Resolution granting such change of zone: (A) Unless approved by the Town Board, the affordable housing shall be offered to first-time homebuyers and shall not be age-restricted except in the R-RM Retirement Community District. (B) In residential districts, fifty (50%) percent of the non-age restricted units shall have two (2) or more bedrooms. In commercial or industrial districts where mixed-use is applied, the units may be an equal mix of one (1) bedroom units and studios, and in the event an odd number of affordable units are required, the Director of the Huntington Community Development Agency shall determine whether the unit is a studio or one bedroom, as circumstances warrant. (C) Once a certificate of occupancy is issued, the affordable housing units shall not be expanded (made larger). (D) To maintain consistency with market rate units, affordable housing units shall be substantially the same as the development's market rate housing units in appearance, finishes, or other features, as determined by the Director of the Community Development Agency, and shall be distributed evenly among market rate housing. (E) Builder's upgrades shall not be permitted in affordable housing units for an additional cost. (F) Affordable housing units shall not be leased, rented, subleased, or offered for lease, rent, or sublease other than as set forth in the Town of Huntington's Affordable Housing Law. (G) Ownership, possession or occupancy of affordable housing units shall not be transferred by will, devise, intestacy, gift, purchase on the open market, or by any means other than as set forth in the Town of Huntington's Affordable Housing Law. (H) The gross floor area of affordable housing units shall not be increased, and the basements, garages, or attics shall not be converted into habitable space. (I) Owners of affordable housing units shall, upon request of the Huntington Community Development Agency or other housing administrator, submit an Affidavit and Disclosure Statement annually certifying that their unit is their domicile (primary residence). (J) Handicapped accessibility shall be addressed during the site plan or building permit review process. (K) Covenants and Restrictions. To insure continued compliance with this legislation, and as a condition of any change of zone or the development of a building containing residential units in an overlay district, all affordable units shall be subject to covenants and restrictions that run with the land, and restrict the sale, resale and rental of such units in accordance with the requirements of the District. The covenants shall contain other restrictions established by the Town Board on the rezone. Said covenants and restrictions shall be prepared by the applicant and submitted to the Town Attorney and the Director of the Huntington Community Development Agency for review and approval as to form and content. Upon approval by the Town Attorney and the Director of the Huntington Community Development Agency, the applicant shall record the covenants and restrictions in the Office of the Suffolk County Clerk, at his or her own expense and provide the Town Attorney and the Department of Planning and Environment with a copy of the recorded instrument before the local law will be filed. A copy of the recorded instrument shall be submitted to the Planning Board as part of any application for site plan, subdivision or resubdivision approval for the property, and shall be noted on the map or plan signed by the Director. All deeds transferring title to affordable units shall contain a reference to the Liber and Page of the recorded covenants and restrictions.