Huntington, N.Y., Code of Ordinances ch. 74 (eCode360 ed. 2026) § 74-38
Covenants and Restrictions
Operative Text
(A) To insure continued compliance with § 699-b(3) of the General Municipal Law requiring workforce housing to remain affordable in perpetuity, as a condition of approval, all workforce housing shall be subject to covenants and restrictions that run with the land, and restrict the sale and resale of such units in accordance with the requirements of § 74-21 of this Chapter. In addition, the restrictions set forth in § 74-18 of this Chapter shall be equally applicable to affordable workforce housing. (B) The Planning Board may establish such other restrictions as it deems necessary during the review process. (C) Said covenants and restrictions shall be prepared by the applicant and submitted to the Town Attorney and the Director of Huntington Community Development for approval as to form and content. Upon approval by the Town Attorney, 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 an application for a building permit will be accepted for filing.
Section 74-38 of Huntington's Code of Ordinances requires that workforce housing units approved under the town's affordable housing program be permanently bound by covenants and restrictions that travel with the property itself, not just its current owner. These legal restrictions govern how units may be sold or resold, in line with the affordability requirements set out elsewhere in Chapter 74 and New York's General Municipal Law § 699-b(3). The Planning Board retains authority to impose additional restrictions during its review, and all covenants must be formally recorded with the Suffolk County Clerk after approval by the Town Attorney.
Plain English — not legal advice.
Developers and property owners seeking approval for workforce housing under § 74-38 are generally expected to draft covenants and restrictions, submit them to both the Town Attorney and the Director of Huntington Community Development for review, and record the approved documents with the Suffolk County Clerk at their own cost. A copy of the recorded instrument must be delivered to the Town Attorney and the Department of Planning and Environment before a building permit application will be accepted. Compliant operators also account for the possibility that the Planning Board may impose additional restrictions during the review process, and they ensure their resale practices align with the requirements cross-referenced in §§ 74-18 and 74-21.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 74-38 establishes that affordable workforce housing units in Huntington are protected by permanent land-use covenants, meaning affordability restrictions are intended to remain in place regardless of who owns the property in the future. Tenants or prospective buyers of workforce housing units may have grounds to raise these recorded covenants if a sale or resale appears to conflict with the restrictions required under Chapter 74. Those seeking to understand how these protections apply to a specific unit can review the recorded instrument on file with the Suffolk County Clerk or reach out to the Huntington Community Development office or a tenant-rights organization for general guidance.
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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