New Paltz Village, N.Y., Code of Ordinances ch. 132 (eCode360 ed. 2026) § 132-3
Housing unit standards
Operative Text
A. Qualifying developments; density bonus. Applicants who propose a qualifying development under this chapter are required to set aside at least 10% of the total units for affordable housing for developments of 20 or less total units. For developments of 21 or more total units there shall be at least a 15% set aside for affordable units. A "qualifying development" shall be defined as a proposal to develop 10 or more dwelling units ("base density") for sale or rent, whether on one or more contiguous parcels, wherein the applicant can demonstrate to the satisfaction of the Village Attorney and Village Engineer that the base density can be accomplished in accordance with existing bulk and area requirements for the zoning district in which it is situated. When the base density calculation is not a whole number, it will be rounded up to the next whole number. Where the applicant proposes to provide more than 10% of the units of a qualifying development as AH units, the applicant shall be entitled to increased total density equal to the number of additional AH units proposed over 10% on a one-for-one basis ("density bonus market rate units"). B. Approval. Where a qualified development would require site plan, special permit, subdivision, or variance approval, the application shall be made to the appropriate board or boards as the Code would otherwise require, and, except where modified by this chapter, shall be processed in accordance with the procedures set forth in the Village Code for such applications. Notwithstanding the foregoing, where the proposed total density is more than 30% of the base density, the application shall first be made to the Village Board, which shall in such cases render conceptual approval of the proposed project. In such cases, the Village Board shall thereafter refer the application to the Planning Board for its review and determination as to site plan, special permit and/or subdivision, which review shall be undertaken by the Planning Board in accordance with the Village Code and all applicable laws, rules and regulations, including SEQRA, for such applications as if the application had been made directly to the Planning Board, subject to payment by the applicant of all appropriate application fees and escrow deposits. The Village Board shall be empowered to modify the bulk and area requirements of this chapter and the Village of New Paltz Zoning Code to accommodate approved bonus density where it is found that to do so would advance the interests of this chapter without significantly adversely impacting the health, safety and welfare of the community. The applicant shall be entitled to waiver of 50% of the recreation fee attributable to the creation of AH units. C. Exemptions. (1) Projects in the Village proposed and funded in accordance with the standards of a federal or state affordable housing program and subject to a verifiable regulatory compliance agreement to ensure affordability shall be exempt from the requirements of this chapter, except that the provisions of § 132-3B concerning modified bulk and area requirements and recreation fee waiver shall apply. (2) Projects in the Village approved under Article 46 of the Public Health Law of New York State as continuing-care retirement communities shall be exempt from the requirements of this chapter. D. Integration of units. All AH units shall be physically integrated into the design of the subdivision or development. AH units shall be constructed to the same quality standards as market-rate units, and they shall include a comparable number of bedrooms. The exterior finishes of AH units shall be indistinguishable from all other units. The developer may, however, propose different appliances and interior hardware where such substitutions would not adversely impact the habitability of the unit. All AH units shall be physically distributed throughout the subdivision or development in the same proportion as other housing units. E. Minimum gross floor area (living space) per dwelling unit shall not be less than the following: (1) Efficiency: 450 square feet. (2) One-bedroom: 700 square feet. (3) Two-bedroom: 900 square feet. (4) Three-bedroom: 1,100 square feet. (5) Four-bedroom: 1,200 square feet with at least 1.5 baths. F. At the time of sale or lease, the following schedule of occupancy shall apply to AH units: Number of Persons Number of Bedrooms Minimum Maximum Efficiency 1 1 1 1 2 2 2 4 3 3 6 4 4 8Section 132-3 of the New Paltz Village Code establishes standards for residential developments of 10 or more units, requiring that a portion of those units be set aside as affordable housing — at least 10% for developments of 20 or fewer total units, and at least 15% for developments of 21 or more. Developers who exceed the minimum affordable housing threshold may receive a density bonus, allowing additional market-rate units on a one-for-one basis. The provision also sets minimum square footage requirements by unit type, mandates that affordable units be physically integrated and built to the same exterior and quality standards as market-rate units, and establishes occupancy schedules tied to bedroom count.
Plain English — not legal advice.
Operators and developers planning qualifying developments under § 132-3 generally ensure that affordable housing (AH) unit set-asides are calculated correctly at the outset — 10% for up to 20 total units, 15% for 21 or more — and that those units meet the minimum gross floor area thresholds specified in the provision. Compliant developers integrate AH units throughout the project in the same proportion as other units, match exterior finishes and quality standards to market-rate units, and adhere to the occupancy schedule tied to bedroom count at the time of sale or lease. Developers proposing density bonuses above 30% of base density should be aware that § 132-3B requires conceptual approval from the Village Board before proceeding to the Planning Board, and that a 50% waiver of recreation fees applies to AH units.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 132-3 gives prospective tenants and buyers of affordable units in New Paltz Village certain baseline protections: AH units must meet minimum size standards, be built to the same quality as market-rate units, and be indistinguishable on the exterior from other units in the development. The occupancy schedule in § 132-3F sets both minimum and maximum household sizes for each bedroom type, which can be relevant when a household is evaluating eligibility or challenging an occupancy determination. Tenants who believe a development is not complying with these standards may consider raising the issue with the Village of New Paltz directly, consulting a tenant-rights organization familiar with New York affordable housing law, or reviewing whether the project is subject to a regulatory compliance agreement under § 132-3C.
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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Rules and statutes that cite this regulation