New Castle, N.Y., Code of Ordinances ch. 10 (eCode360 ed. 2026) § 10-5

A. The developer or owner of a project for which senior citizens or handicapped density incentive apartments have been granted shall transmit to the town (before issuance of a certificate of occupancy) the following data with reference to all such density incentive dwelling apartments in a development in sufficient detail for identification of each apartment: building number; apartment designation; tax lot number; approximate square foot area; location; number of rooms; the portions of the common elements to which the apartment has immediate access or the right to exclusive use; and the percentage of interest in the common elements. B. Each of the senior citizen or handicapped apartments shall be offered for sale or lease to qualified senior citizens or handicapped persons, as the case may be, for a period of 60 days from the date that the developer files in the office of the Town Clerk of the Town of New Castle a certificate or letter informing the town that the Attorney General of the State of New York has authorized the sponsor to offer the apartments for sale or that they are ready to be offered for rent, except, if the developer lowers the offering price or rental amount of any of the senior citizen or handicapped apartments, then, with respect to those apartments only, the developer shall file a second certificate in the office of the Town Clerk setting forth such lower price or rental, and the new starting date shall be the date of this second filing. Upon the expiration of the sixty-day period, any unsold or unrented senior citizen or handicapped apartment may be offered for sale or lease by the developer to any person, whether or not he or she is a qualified senior citizen or handicapped person, and the Town Clerk shall, at the request of the developer, issue a certificate stating that the developer had complied with these provisions by setting forth the applicable offering date and terms with respect to any or all of the senior citizen and handicapped apartments. The same procedure is to be followed thereafter if the developer or subsequent owner desires to further lower the selling price of the apartment or offer more favorable terms. C. Each apartment described herein as a "senior citizen apartment" or "handicapped person apartment," whether or not initially or hereafter sold or leased to a qualified senior citizen or handicapped person, shall be and and remain a senior citizen or handicapped person apartment as the case may be and shall be subject to the following restrictions upon its resale or rental. (1) At such time as the owner of a senior citizen or handicapped apartment desires to sell or lease his or her apartment, the owner shall file a written notice in the office of the Town Clerk. The notice shall state the name of the apartment owner, a description of the apartment, the selling price of the apartment, the terms of sale, the proposed closing date or the lease terms, in the case of a rental, and the name, the telephone number and the address of the person prospective purchasers or tenants should contact. (2) The owner of a senior citizen or handicapped apartment may sell or lease such apartment only to a qualified senior citizen or handicapped person for a period of 30 days after the filing of the notice in the office of the Town Clerk. After the expiration of the thirty-day period, the owner may sell or lease his or her apartment to any purchaser or tenant at a price and on terms or at a rental no less favorable than those contained in the notice, and the Town Clerk shall, at the request of the owner, issue a certificate stating that the owner had complied with these provisions by setting forth the applicable offering date and terms with respect to any or all of the senior citizen and handicapped apartments. (3) If the owner desires to lower the selling price or rent of the apartment or offer more favorable terms than those set forth in the notice, he or she shall file a second notice in the office of the Town Clerk stating the new, more favorable price and terms of sale or rental, as the case may be. For a period of 30 days after the filing of the second notice, the apartment owner may sell or lease such apartment only to a qualified senior citizen or handicapped person at a price or rent and on terms no less favorable than those contained in the second notice. After the expiration of the thirty-day period, the owner may sell or lease his or her apartment to any purchaser or tenant at a price and on terms, or at a rental no less favorable than those contained in the notice, and the Town Clerk shall, at the request of the owner, issue a certificate stating that the owner has complied with these provisions by setting forth the applicable offering date and terms with respect to any or all of the senior citizen apartments and handicapped apartments. The same procedure is to be followed thereafter if the owner desires to further lower the selling price or rent of the apartment or offer more favorable terms. (4) The senior citizen and handicapped apartments shall be encumbered by the foregoing restrictions upon the initial sale of each such apartment and upon the resale or rental of each such apartment whether or not such apartments are sold or leased to qualified senior citizens or handicapped persons unless such restrictions are removed by a resolution of the Town Board of the Town of New Castle and a declaration is filed in the office of the County Clerk of Westchester County, Division of Land Records. D. Nothing contained in this § 10-5 shall be deemed to supersede the power of attorney granted by each apartment owner to the Board of Managers of any condominium. If the Board of Managers acquires title to or leases any senior citizen or handicapped apartment, it shall be bound by this restriction in the further resale or rental of any such apartment. E. The provisions of this § 10-5 to the contrary notwithstanding: (1) An apartment owner may transfer his or her apartment to his or her spouse without having to follow the notice procedure set forth above. (2) An apartment owner may transfer his or her apartment to his or her children or to any one or more of them without having to follow the notice procedures set forth above, provided that the apartment continues to be occupied by a qualified senior citizen or handicapped person, as the case may be, and provided that within 30 days after the apartment is no longer occupied by a qualified senior citizen or handicapped person it shall be offered in the manner described in § 10-5C(3) . (3) An apartment owner may devise his or her apartment by will or have it pass by intestacy, but, unless the apartment continues to be occupied by the apartment owner's spouse or by a qualified senior citizen or handicapped person, it shall be offered for sale in the manner described in § 10-5C(3) within three months after the date of the appointment of a personal representative of the deceased apartment owner. (4) The notice procedures set forth above shall not apply if an apartment becomes the subject of a foreclosure, judgment or lien sale. (5) In any event, however, any succeeding apartment owner shall be bound by, and his or her apartment shall be subject to, the restrictions set forth in this § 10-5 .