New Paltz Village, N.Y., Code of Ordinances ch. 132 (eCode360 ed. 2026) § 132-8
Occupancy requirements
Operative Text
All AH units shall be occupied by the qualified person(s) owning or renting such units. All eligible applicants who are owners of any other residences shall satisfy the Housing Board that they have divested themselves of any other residences prior to the purchase of an AH unit. For the purposes of this section, real estate used by the applicant to derive income shall be excluded from this requirement. Such income is to be calculated in determining the applicant's gross annual family income. Notwithstanding the foregoing, it is intended that lenders retain all of their rights in foreclosure such that a lender may take title to the premises for the limited purpose of transferring title to or leasing of such premises only to a purchaser or lessee qualified under and pursuant to this chapter.
New Paltz Village Code ch. 132 § 132-8 establishes that affordable housing (AH) units must be occupied by the qualified owner or renter of that unit — they cannot be left vacant or used as secondary residences. Applicants who own other homes must demonstrate to the Housing Board that those properties have been sold or otherwise divested before acquiring an AH unit, though income-producing real estate is treated differently and counts toward gross annual family income calculations instead. Lenders retain their standard foreclosure rights, but any transfer or lease of an AH unit resulting from foreclosure must still go to a buyer or tenant who meets the program's eligibility requirements under this chapter.
Plain English — not legal advice.
Operators and administrators of AH units under ch. 132 § 132-8 generally verify that each unit is occupied by the qualified individual who owns or rents it, and do not permit the unit to serve as a secondary or investment property for the occupant. Compliant programs typically require applicants to document divestiture of other residential properties to the Housing Board's satisfaction before a sale closes, while separately accounting for any income-producing real estate in the applicant's gross annual family income calculation. When a lender exercises foreclosure rights, the program ensures that any subsequent transfer or lease of the unit is limited to a purchaser or lessee who meets the eligibility criteria set out in this chapter.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under New Paltz Village Code ch. 132 § 132-8, tenants of AH units have a right to occupy their unit as their primary residence, and the program is designed so that AH housing remains available to income-qualified individuals rather than being used as secondary homes. If you own income-producing real estate, that property is generally excluded from the divestiture requirement, though the income it generates is factored into your gross annual family income for eligibility purposes. Tenants who believe a unit is not being administered in accordance with § 132-8's occupancy requirements may consider raising the issue with the local Housing Board or consulting a tenant-rights organization familiar with New Paltz Village's affordable housing program.
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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