Narrative of Resolution:
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Enact a Local Law Entitled “Local Law Designating Affordable Housing As a Sullivan County Public Purpose”
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RESOLUTION INTRODUCED BY DISTRICT 1 LEGISLATOR MATT MCPHILLIPS TO ENACT A LOCAL LAW ENTITLED “LOCAL LAW DESIGNATING AFFORDABLE HOUSING AS A SULLIVAN COUNTY PUBLIC PURPOSE”
WHEREAS, a proposed Local Law entitled “Local Law Designating Affordable Housing As A Sullivan County Public Purpose”, having been presented to the Sullivan County Legislature at a meeting and a public hearing held on October 10, 2024, at the County Government Center, Monticello, New York to consider said proposed local law, and notice of a public hearing having been duly published and posted as required by law, and said public hearing having been held and all persons appearing at said public hearing deeming to be heard.
NOW, THEREFORE, BE IT RESOLVED, that the Sullivan County Legislature does hereby enact and adopt this Local Law entitled “Local Law Designating Affordable Housing As A Sullivan County Public Purpose”.
BE IT ENACTED, by the Legislature of the County of Sullivan, as follows:
SECTION 1. LEGISLATIVE FINDINGS AND INTENT.
The Sullivan County Legislature finds that all residents of Sullivan County deserve safe housing at an affordable cost. There is a housing crisis in Sullivan County, stemming from an alarming scarcity of affordable housing available to Sullivan County residents.
Data compiled by the Hudson Valley Pattern for Progress has revealed that there is an insufficient inventory of homes at an affordable price point. 6.3% of owner households are considered to be cost-burdened, meaning they spend between 30% and 50% of total household income on housing, or severe cost-burdened, meaning they spend more than half their income on housing costs. However, 18% of renter households are cost -burdened, and 22% of renter households are severe cost-burdened. These figures confirm that housing represents a cost burden that is untenable for many of Sullivan County’s residents.
Furthermore, data further demonstrated a rapidly rising cost of home prices, increasing by 133.3% between 2017 and 2023.The median-earning household in Sullivan County falls $125,478 short of qualifying for a median priced home in the County.
Pursuant to Article IX, Section 2 (c)(ii) of the New York State Constitution and Municipal Home Rule Law Section 10(1)(ii)(a)(12), Sullivan County may exercise its broad police powers to provide comprehensive county housing programs. (NYS A.G. Informal Opinion 92-4, dated February 6, 1992, Pg. 2 and Pg. 7)
Based upon the critical shortage of affordable housing confronting Sullivan County residents the Sullivan County Legislature finds that county affordable housing programs serve a valid public purpose, (NYS Constitution Article VIII, Section 1), by promoting public health, safety and well-being. New York State Constitution, Article IX, Section 2(c)(ii) and NYS Municipal Home Rule Law, Section 10(1)(ii). See also AG Informal Opinion 92-4, dated February 6, 1992, Pg. 6-7.
SECTION 2. DEFINITIONS
A. Housing: shall be defined as and include all Housing Accommodations within Sullivan County.
B. Housing Accommodations: shall be defined as any building structure or portion thereof that is occupied, as or intended for occupancy as, a residence by one or more families and any vacant land that is offered for sale or lease for the construction thereon of any building structure, or portion thereof intended to be so occupied.
C. Affordable Housing: shall be generally defined as Housing on which the occupant is paying no more than 30 percent of gross income for housing costs, including utilities for persons or families deemed to be or eligible to be deemed to be of extremely low, very low, low or moderate income by any state or federal housing program. Nothing in the definition shall prevent the County from funding housing services either above or below this affordability level when such funding is in keeping with federal or state programs providing housing assistance or where any income restricted housing whether intended for rental or homeownership is subject to a regulatory agreement with a local, state, or federal government entity.
SECTION 3. DESIGNATING HOUSING AS A COUNTY PURPOSE
A. The Sullivan County Legislature hereby determines that the development, maintenance, management, and/or provision of Affordable Housing is a public purpose in accordance with the New York State Constitution Sections IX and Municipal Home Rule Law Section 10.
B. This Local Law and the designation set forth herein shall apply to all Affordable Housing initiatives within Sullivan County.
SECTION 4. SEVERABILITY
If any provision of this act, or any application of any provision of this article, is held to be invalid, that shall mot affect the validity or effectiveness of any other provision of this act, or of any other application of any provision of this article, which can be given effect without that provision or application; and to that end, the provisions and applications of this article are severable.
SECTION 5. EFFECTIVE DATE
This Local Law shall become effective immediately upon the filing with the Office of the Secretary of State of the State of New York.
Adopted by the County Legislature