Huntington, N.Y., Code of Ordinances ch. 74 (eCode360 ed. 2026) § 74-48
Site plan, subdivision and resubdivision approval
Operative Text
(A) No subdivision, resubdivision or site plan containing an affordable or workforce housing component pursuant to this Chapter shall be approved by the Planning Board before the Director of the Huntington Community Development Agency, or his or her designee, has approved the proposed location, layout, size, finishes and/or other feature of the lot(s) or building(s) proposed for affordable or workforce housing. (B) Commercial and industrial zoning districts. (1) In any commercial or industrial zoning district where no increase in lot yield or density is provided, and residential development of five or more dwelling units are proposed for construction, including mixed-use buildings, an applicant shall be required to set-aside and establish, as a condition of subdivision, resubdivision, or site plan approval, one affordable dwelling unit for each group of five market rate dwelling units proposed for construction, whether owner-occupied or rental units. All of the affordable housing shall be provided on-site. (2) In developments where less than five dwelling units are proposed for construction, an applicant shall pay over to the Town of Huntington Affordable Housing Trust and Agency Fund a fee equal to two and one half percent (2.5%) of the initial sales price of an affordable unit per § 74-21(A)(1) of the Town Code for each dwelling unit built. 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. (3) Applicable provisions. All of the covenants and restrictions set forth in § 74-18 shall be a condition of approval and shall be filed against the property. The Planning Board may establish such other restrictions as it deems necessary during the review process. All of the provisions relating to the sale, resale and rental prices of the affordable units; the qualifications of prospective purchasers and tenants; and the management of applications shall be the same as set forth in Article IV , unless otherwise stated in this Article. The Administration Fees set forth in § 74-29 shall be equally applicable. (4) All units shall be sold, leased, and managed in accordance with Article IV , except that rental prices and renter qualifications for development in commercial zoning districts containing one hundred and fifty (150) units or less shall be calculated as follows: (a) Projects with fifty (50) units or less shall be leased for an amount equivalent to 60% of the Nassau-Suffolk Median Family Income for studios and one-bedroom units (60% = 80% of MFI x 0.75 to adjust for average household size for unit), multiplied by 30% (maximum percentage of income that should be spent on housing), and 72% of the Nassau-Suffolk Median Family Income for two or more bedrooms (72% = 80% of MFI x 0.9 to adjust for average household size for unit), multiplied by 30% (maximum percentage of income that should be spent on housing), with each divided by twelve (12) months. If all utilities are not included, the monthly rental price shall be reduced by the monthly utility allowance in effect at the time the lease agreement is executed. The maximum household income for qualifying renters cannot exceed the annual rent divided by 0.275. (b) Projects with fifty-one (51) to one hundred and fifty (150) units shall be leased for an amount equivalent to 48.75% of the Nassau-Suffolk Median Family Income for studios and one-bedroom units (48.75% = 65% of MFI x 0.75 to adjust for average household size for unit), multiplied by 30% (maximum percentage of income that should be spent on housing), and 58.5% of the Nassau-Suffolk Median Family Income for two or more bedrooms (58.5% = 65% of MFI x 0.9 to adjust for average household size for unit), multiplied by 30% (maximum percentage of income that should be spent on housing), with each divided by twelve (12) months. If all utilities are not included, the monthly rental price shall be reduced by the monthly utility allowance in effect at the time the lease agreement is executed. The maximum household income for qualifying renters cannot exceed the annual rent divided by 0.275.
Huntington, N.Y., Code of Ordinances ch. 74 § 74-48 governs how affordable and workforce housing must be incorporated into subdivision, resubdivision, and site plan approvals in the town. In commercial and industrial zones, developers proposing five or more residential units must set aside one affordable unit for every five market-rate units, all provided on-site; smaller projects instead pay a fee of 2.5% of an affordable unit's initial sales price into the Town's Affordable Housing Trust and Agency Fund. Rental prices for affordable units in commercial districts are calculated using specific percentages of the Nassau-Suffolk Median Family Income, scaled by project size, and the Director of the Huntington Community Development Agency must sign off on the affordable housing component before any approval is finalized.
Plain English — not legal advice.
Operators and developers working in Huntington's commercial or industrial zoning districts should understand that § 74-48 ties project approval directly to affordable housing compliance. For projects of five or more units, compliant developers generally ensure that one in every five units is designated affordable and located on-site, with all covenants and restrictions from § 74-18 recorded against the property; for smaller projects, the applicable fee is calculated and paid in full before the Director signs any map or plan. Rental pricing for affordable units must be calculated using the income-percentage formulas specified in § 74-48(B)(4), adjusted for project size and utility allowances, and the Huntington Community Development Agency Director's approval of location, layout, size, and finishes is a prerequisite to Planning Board sign-off.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 74-48, tenants in qualifying affordable units within Huntington's commercial and industrial districts have the benefit of rent levels set by a formula tied to the Nassau-Suffolk Median Family Income, with adjustments for unit size, project scale, and utility allowances. Prospective renters should be aware that income qualifications and application management are governed by Article IV of the Town Code, as referenced in § 74-48(B)(3), and that the maximum qualifying household income is calculated from the annual rent figure. Those who believe a development is not complying with these requirements may consider contacting the Huntington Community Development Agency or a local tenant-rights organization to understand 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.
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