Pelham, N.Y., Code of Ordinances ch. 25 (eCode360 ed. 2026) § 25-14
Adjustments to requirements
Operative Text
Mixed-use development projects that include other critical community priorities — such as new commercial and retail space, age-restricted housing, off-street public parking in excess of any required, infrastructure modernization, historic preservation, adaptive reuse, or the provision of nonprofit or civic spaces — may face unique financial and design constraints that make deep affordability levels difficult to achieve. Upon a finding by the Village Board that compliance with affordability requirements in this chapter would either render a proposed mixed-use development financially infeasible, or materially constrain the realization of a project that delivers a significant public benefit, the Village Board may authorize, by resolution, an adjustment to the total percentage of AFFH units required in a project and/or the area median income (AMI) threshold required for such units.
Section 25-14 of Pelham's Code of Ordinances establishes a process by which the Village Board can modify the standard affordability requirements that would otherwise apply to a mixed-use development. Specifically, if the Board finds that meeting those requirements would make a project financially unworkable or would significantly undermine a project that delivers meaningful public benefits — such as historic preservation, public parking, or civic space — it may pass a resolution reducing either the required share of affordable units, the income-targeting thresholds for those units, or both. This adjustment mechanism is not automatic; it requires a formal finding and Board action.
Plain English — not legal advice.
Developers and property owners pursuing mixed-use projects in Pelham that incorporate community-benefit elements — such as adaptive reuse, nonprofit space, or infrastructure improvements — should be aware that Section 25-14 provides a formal pathway to seek relief from standard affordability obligations. A compliant operator pursuing this route typically documents the financial feasibility analysis and articulates the specific public benefits the project delivers, presenting that case to the Village Board for a resolution. The adjustment is discretionary, meaning the Board evaluates each project on its own merits before authorizing any change to the AFFH unit percentage or AMI thresholds.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 25-14 means that in some mixed-use developments in Pelham, the number of affordable units or the income levels they serve may be lower than the chapter's standard requirements, if the Village Board has formally approved an adjustment. Tenants and community members interested in a specific project can review Village Board resolutions and meeting records to determine whether such an adjustment was granted and on what grounds. Tenant-rights organizations and local housing advocates can help residents understand how affordability adjustments under this provision may affect housing availability in a given development.
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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