Pelham, N.Y., Code of Ordinances ch. 25 (eCode360 ed. 2026) § 25-5
Property restriction
Operative Text
A property containing an AFFH unit must be restricted using a mechanism such as a declaration of restrictive covenants in recordable form acceptable to the Village Board which shall ensure that each AFFH unit shall remain subject to affordable regulations for the minimum 50-year period of affordability. Among other provisions, the covenants shall require that the unit be the primary residence of the resident household selected to occupy the unit. Upon approval, such a declaration shall be recorded against the property containing the AFFH unit prior to the issuance of a certificate of occupancy for any dwelling unit on the property.
Under Pelham, N.Y., Code of Ordinances ch. 25 § 25-5, any property that includes an Affirmatively Furthering Fair Housing (AFFH) unit must be legally encumbered with a recorded restriction—such as a declaration of restrictive covenants—that keeps the unit subject to affordability requirements for at least 50 years. The covenants must include a requirement that the unit serve as the primary residence of the household chosen to live there. This recorded declaration must be in place before a certificate of occupancy is issued for any dwelling unit on the same property.
Plain English — not legal advice.
Operators developing or managing a property with an AFFH unit under ch. 25 § 25-5 generally prepare a declaration of restrictive covenants in a recordable form that the Village Board finds acceptable, ensuring the affordability restrictions run with the land for a minimum of 50 years. The declaration must address primary-residency requirements for the selected household, among other provisions. Compliant operators secure Village Board approval and record the declaration against the property before any certificate of occupancy is issued for any unit on the site.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 25-5 of Pelham's Code of Ordinances provides that households selected to occupy an AFFH unit have the protection of a recorded covenant guaranteeing affordability for at least 50 years, which is a matter of public record. Tenants in an AFFH unit may verify that the required declaration has been recorded against the property through the local land records office. Those who believe the affordability restrictions or primary-residency requirements are not being honored may wish to contact the Village of Pelham directly or consult a tenant-rights organization familiar with local affordable housing covenants.
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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