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09 - Chapter 9 - HousingPlan Rye Brook  Chapter 9: Housing  109  9. HOUSING 9.1 History and Overview The unincorporated area of the Town of Rye maintained its agricultural character well into the mid-20th century. It did not develop as a significant cultural, commercial or industrial center as did its neighboring communities. With rail access to New York City beginning in the late 19th century, Port Chester developed into one of the leading manufacturing towns of the Lower Hudson Valley, and the City of Rye and Town of Harrison both expanded as recreational and commercial centers for suburban families commuting to Manhattan and elsewhere in Westchester County for work. The land that would become the Village of Rye Brook developed gradually from an agrarian to a residential community through the 19th and 20th centuries. During these years, large residential estates were built south of Westchester Avenue, in part due to their proximity to Port Chester’s thriving business center.14 As the Great Depression and World War II created pent-up demand for people seeking homes outside of central cities, the construction of regional highways, along with the introduction of affordable home loans by the Federal Housing Administration (FHA) and the Veterans Administration (VA), all played a role in the shift from the cities of New York and Connecticut to their suburbs. The 1950 Census counted just 704 housing units in the area that today is Rye Brook; however, over the next 20 years, that total would more than triple to 2,426 units (see Chart 10). Since 1960, the village’s housing stock has doubled in size, yet more than 40% of its current stock was constructed during the post-war boom years from 1950 to 1970. Chart 10: Rye Brook Housing Units, 1950-2010 Source: U.S. Census, 1950-2010                                                              14 Village of Rye Brook Vision Plan, December 2000. 704 1,692 2,426 2,680 2,835 3,224 3,603 0 500 1,000 1,500 2,000 2,500 3,000 3,500 4,000 1950 1960 1970 1980 1990 2000 2010 Plan Rye Brook  Chapter 9: Housing  110  Substantial residential growth continued in Rye Brook in the latter part of the 20th century, with the number of housing units in the village increasing by 768 in the last two decades (see Table 21). New construction is divided rather equally between 1990 and 2000, during which time the number of units rose by 13.7%, and between 2000 and 2010, when they increased by 11.8%. As shown in the table, the rate of growth in units was much higher in Rye Brook than in neighboring communities, or in Westchester as a whole. However, the village had more available land in the 1990s and early 2000s than older communities, which were essentially built out. Table 21: Rye Brook and Neighboring Areas Housing Units, 1990 to 2010 1990 2000 2010 % Change 1990-2000 % Change 2000-2010 Rye Brook 2,835 3,224 3,603 13.7% 11.8% Rye 5,616 5,559 5,957 -1.0% 7.2% Harrison 7,985 8,680 8,956 8.7% 3.2% Port Chester 9,516 9,772 10,046 2.7% 2.8% Westchester 336,727 349,445 370,821 3.8% 6.1% Source: US Census, 1990 to 2010 The increase in housing units (27.1%) outpaced overall population growth (20.4%) between 1990 and 2010, as seen in the table below. The ratio of persons per unit has remained fairly stable, showing a dip between 1990 and 2000 following by an increase in the next decade to 2.7 in 2010. Table 22: Rye Brook Total Population and Housing Units, 1990 to 2010 Year Population Housing Units Persons per Unit 1990 7,765 2,835 2.74 2000 8,602 3,224 2.67 2010 9,347 3,603 2.70 1990-2010 Change 1,582 768 -0.04 Percent Change 20.4% 27.1%-1.5% Source: US Census, 1990 to 2010 As shown in Chart 11 and Table 23, Rye Brook’s housing stock is much younger than in neighboring communities and the county overall. Only 13.8% of the village’s housing stock was built in 1939 or earlier, compared with 40.7% of Rye City’s, 38.9% of Port Chester’s, 23.3% of Harrison’s and 31.2% of the county’s stock overall. Moreover, with 22.1% of Rye Brook’s stock constructed in the last 20 years, its share of newly built housing is nearly twice as high as surrounding areas and the county. In Harrison, 13.1% of homes were built since 1990, compared with 10.5% in Rye and 9.4% in Westchester County. At 4% of the housing stock, Port Chester’s share of housing constructed in the last 20 years is more than five times lower than Rye Brook’s. However, given that the share of housing built in the last five years in Rye Brook is lower than surrounding communities, its recent housing boom seems to have leveled off. Plan Rye Brook  Chapter 9: Housing  111  Chart 11: Housing Stock Share by Year Structure Built, 2011 Source: US Census, American Community Survey 2007-2011 5-Year Estimate Table 23: Housing Stock by Year Structure Built, 2011 Year Structure Built Rye Brook Rye Port Chester Westchester County Total 3,631 5,865 10,472 369,753 2005 or later 19 139 170 6,245 2000 to 2004 380 186 89 11,086 1990 to 1999 403 291 156 17,494 1980 to 1989 273 417 965 28,127 1970 to 1979 374 295 722 32,979 1960 to 1969 698 654 1,690 50,841 1950 to 1959 841 921 1,619 72,952 1940 to 1949 141 577 987 34,846 1939 or earlier 502 2,385 4,074 115,183 Source: US Census, American Community Survey 2007-2011 5-Year Estimate Table 24 shows Rye Brook housing units by structure type in 2000 and 2011. As is customary in the suburban New York region, the majority of housing is single-family: a total of 2,643 of 3,247 units in 2000, and 2,759 of 3,631 units in 2011, or 81.4% and 76%, respectively. Data on housing types for the period indicate that detached single-family homes are replacing attached single-family and two-family housing, while growth is also evident in three- to four-family homes and larger apartment buildings. Both two-family homes (7.9% of the village’s housing stock) and multifamily housing of three units or more (16% of housing stock) are permitted only in the southern portion of Rye Brook. The village’s 248 condominium units (as of 2000) are found in two locations: Doral Greens at Arrowwood on Anderson Hill Road and Avon Circle on North Ridge Street. 0.0 5.0 10.0 15.0 20.0 25.0 30.0 35.0 40.0 45.0 2005 or later 2000 to 2004 1990 to 1999 1980 to 1989 1970 to 1979 1960 to 1969 1950 to 1959 1940 to 1949 1939 or earlier Pe r c e n t o f T o t a l Rye Brook Rye Port Chester Harrison Westchester County Plan Rye Brook  Chapter 9: Housing  112  Table 24: Rye Brook Housing Units by Type, 2000 to 2011 Unit Type Units Percent Share Change 2000 2011 2000 2011 Absolute Percent Total 3,247 3,631 100.0% 100.0% 384 11.8% 1, detached 2,128 2,283 65.5% 62.9% 155 7.8% 1, attached 515 476 15.9% 13.1%-39 -7.6% 2 301 287 9.3% 7.9%-14 -4.7% 3 or 4 209 310 6.4% 8.5% 101 48.3% 5 to 9 56 11 1.7% 0.3%-45 -80.4% 10 to 19 21 9 0.6% 0.2%-12 -57.1% 20 to 49 0 23 0.0% 0.6% 23 N/A 50 or more NA* 232 NA* 6.4% N/A N/A Mobile home 0 0 0.0% 0.0% N/A N/A Boat, RV, van, etc. 0 0 0.0% 0.0% N/A N/A Note: (*) There was an obvious source data error in the 50+ unit category; the data have been eliminated Source: US Census, Summary File 3, 2000 & American Community Survey 2007-2011 5-Year Estimate Other specialized types of housing are also found in the village. The 2010 U.S. Census identified 116 residents of group quarters in Rye Brook, with 93 (80.2%) residents in nursing homes and the remaining 23 (19.8%) residents living in group homes, rooming, lodging or boarding houses. In addition, several housing developments in Rye Brook are either restricted to senior citizens only or include units designated for seniors. Presently, 302 units of senior-only residences are in the village. The largest such residence is Atria Rye Brook, a 168-unit independent-living residence next to BelleFair, while King Street Nursing Home has 120 units and Gladhaven Club has 14 units. There are 46 affordable rental units for seniors at Grant Street Senior Housing (32 units) and 510 Westchester Avenue (14 units). Recent trends in building permit data (see Table 25, below) suggest that single-family units will continue to dominate the village’s housing market. Between 1996 and October 2013, 98% of building permits issued were for single-family units. Multifamily building permits were only issued in 1996, when there were permits for 14 units. There were no two-family unit permits issued throughout this period. 9.2 Occupancy Over the past decade, residential vacancies increased in Rye Brook, as well as all neighboring municipalities (see Table 26). Homeowner vacancies edged up from 0.5% to 0.9% in the village, putting its homeowner vacancy rate equal to Harrison’s but lower than the City of Rye, Port Chester and Westchester County. The vacancy rate of renter-occupied housing in Rye Brook increased from 1.6% to 6.5% over the past decade, a larger percentage-point gain than that of Port Chester’s (3.9%), Harrison’s (2.1%), and Westchester County’s (2.7%), but less than the City of Rye’s (8.6%). In Rye Brook, evidence of a weakened rental market is also visible in the decrease in gross rent over 2000 (see Table 31, below). Plan Rye Brook  Chapter 9: Housing  113  Table 25: Residential Building Permits, 1996-2013 Year Single- Family Multifamily Total 1996 9 14 23 1997 0 0 0 1998 33 0 33 1999 93 0 93 2000 72 0 72 2001 68 0 68 2002 74 0 74 2003 69 0 69 2004 55 0 55 2005 56 0 56 2006* 2 0 2 2007 3 0 3 2008 1 0 1 2009 2 0 2 2010 0 0 0 2011 1 0 1 2012 0 0 0 2013** 2 0 0 Total 540 14 551 Percentage 97.5% 2.5%100.0% (*) Beginning in 2006, building permits for new structures only are counted. Prior to 2006, permits for certain other work were also included. (**) 2013 data are preliminary as of October 2013. Source: U.S. Census Bureau Building Permits Survey, prepared by the Westchester County Department of Planning. Table 26: Homeowner and Renter Vacancy Rates, 2000 to 2010 Vacancy Rate Type Rye Brook Rye Port Chester Harrison Westchester County 2000 2010 2000 2010 2000 2010 2000 2010 2000 2010 Home Owner Vacancies 0.5% 0.9% 0.7% 1.7% 1.4% 2.3% 0.7% 0.9% 0.9% 1.8% Renter Vacancies 1.6% 6.5% 1.6% 10.1 %1.4%5.3%2.3%3.1% 3.1% 5.9% Source: US Census, Summary File 1, 2000 & 2010 Plan Rye Brook  Chapter 9: Housing  114  9.3 Tenure Residences are occupied under two primary forms of financial arrangements that guarantee the right of the individual to live in a home or apartment. Owner occupancy refers to a person/household who lives in and owns the same home whether it is a house, apartment, condominium or housing cooperative, while renter occupancy refers to a person/household that pays the home owner for use of the property. In Rye Brook, owner occupancy remains the dominant form of tenure. Other municipalities have higher rates of renter occupancy, typically, where multifamily housing is more plentiful such as in Port Chester (see Table 27). Table 27: Housing Units by Tenure, 2000 to 2010 Rye Brook Rye Port Chester Harrison Westchester County 2000 2010 2000 2010 2000 2010 2000 2010 2000 2010 Total Occupied 3,122 3,461 5,377 9,531 9,240 8,394 8,375 337,142 347,232 Owner occupied 2,690 2,773 4,027 4,012 4,121 5,389 5,494 202,673 213,888 Renter occupied 432 688 1,350 1,508 5,250 3,005 2,881 134,469 133,344 Tenure by Percentage Share of Total Housing Units Owner occupied 86.2% 80.1% 74.9% 72.7% 43.2% 43.2% 64.2% 65.6% 60.1% 61.6% Renter occupied 13.8% 19.9% 25.1% 27.3% 56.8% 56.8% 35.8% 34.4% 39.9% 38.4% Source: US Census, Summary File 1, 2000 & 2010 Tenure plays a significant role in resident turnover. According to the U.S. Census Bureau’s 2007- 2011 American Community Survey, 93.8% of Rye Brook residents lived in the same residence in the last year, higher than Westchester County at 90.5%, the City of Rye at 91.7%, and the Town/Village of Harrison at 90.7%. The turnover rate was much higher in Port Chester, where only 84.5% of residents had lived in the same residence since the previous year. Among homeowners, Rye Brook’s rate of turnover was 95.7%, similar to that of neighboring municipalities. However, a wider disparity in turnover rates was evident among renter households. Just 78.6% of Rye Brook renting households had lived in the same residence over the previous year, compared with 81.1% in Westchester County, 68.8% in the City of Rye, 75.7% in Port Chester and 79.9% in Harrison. Rental housing is available throughout the village, regardless of zoning district or structure type. As of 2010, the U.S. Census counted 688 rental units in Rye Brook, a decennial gain over 2000 of 59.3%, or 256 units. The increase in rental housing is likely attributed to the weakening of the regional housing market in recent years as owners find it easier to rent out their homes than sell them, and developers market new units to renters given difficult access to home loans. The Village does not have any rent stabilization or rent control regulations; rents are determined entirely by supply and demand. Plan Rye Brook  Chapter 9: Housing  115  9.3 Sales Activity According to Houlihan Lawrence Real Estate, as of mid-April 2013, 52 single-family residences were for sale in Rye Brook, with prices ranging from $349,000 to $2,295,000. A variety of unit sizes were available. Among condominium units, seven garden-style one- and two-bedroom homes were available from $229,500 to $549,000. There was one two-family homes for sale for $299,000. In the past 15 years, Rye Brook has seen construction of several significant housing developments. In 1999, 40 homes were constructed at Blind Brook Estates. A year later, 37 single-family units developed on 22.5 acres of Red Roof Farms. In 1999, BelleFair, a new urbanist community of 261 units with a meetinghouse, senior residence and food market was built on 140 acres of land in the northern part of the village near the Westchester County Airport. Since the completion of these projects, recent residential construction activity has been limited, which, combined with the nationwide housing crisis that began in 2008, has led to declining sales of single-family homes and condos (see Table 28). However, new residential development is on the horizon. In winter 2014, Toll Brothers will begin construction on the Enclave at Rye Brook, a development of 30 three-bedroom townhomes on Anderson Hill Road. An 18-unit affordable housing development, Bowridge Commons on Bowman Avenue off South Ridge Street, was approved in November 2012. This development is currently proposed at 10 units. Additionally, the Hilton Westchester has proposed developing two residential buildings, a 100- unit assisted-living building and a memory-care facility with 25 units. Table 28: Home Sales, Westchester County and Village of Rye Brook, 2002 to 2011 Year Westchester County Rye Brook Total Change Total Change Absolute Percent Absolute Percent 2002 8,917 164 2003 8,878 -39 -0.4% 157 -7 -4.3% 2004 9,641 763 8.6% 191 34 21.7% 2005 9,241 -400 -4.1% 159 -32 -16.8% 2006 8,135 -1,106 -12% 111 -48 -30.2% 2007 7,643 -492 -6% 109 -2 -1.8% 2008 5,430 -2,213 -29% 70 -39 -35.8% 2009 4,207 -1,223 -22.5% 64 -6 -8.6% 2010 5,141 934 22.2% 78 14 21.9% 2011 4,956 -185 -3.6% 67 -11 -14.1% Source: New York State Office of Real Property Services, prepared by the Westchester County Department of Planning Plan Rye Brook  Chapter 9: Housing  116  Further evidence of the impact of the recent housing crisis may be found in the number of foreclosure filings. The foreclosure process in New York State generally involves three steps: notice of pre-foreclosure, filing of foreclosure (Lis Pendens) and court judgment of foreclosure. As shown in Table 29, initial foreclosure filings and court judgments in Rye Brook and surrounding communities rose significantly during the housing crisis from 2007 to 2009, but varied substantially by municipality. For most of the period from 2007 to 2012, Port Chester experienced a greater number of filings and judgments than Rye Brook, Harrison and Rye City combined. At the peak of the crisis in 2009, Rye Brook’s foreclosure rate was 0.67%, lower than Port Chester at 2.03% and Westchester County at 0.87%, but higher than the City of Rye at 0.28% and the Town/Village of Harrison at 0.46%. Table 29: Foreclosure Filings and Judgments, 2007-2012 Lis Pendens Filings Judgments Rye Brook Port Chester City of Rye Town of Harrison Westchester County Rye Brook Port Chester City of Rye Town of Harrison Westchester County 2007 19 58 19 21 2,182 4 22 5 6 708 2008 15 86 16 17 2,239 7 38 2 10 1,034 2009 24 121 28 41 3,219 6 22 3 9 735 2010 13 110 34 22 2,536 1 19 1 6 600 2011 14 62 16 14 1,403 1 6 4 2 177 2012 13 64 10 15 1,590 1 9 0 2 208 2007-12 98 501 123 130 13,169 20 116 15 35 3,462 Source: Office of the Westchester County Clerk, 2007-2012 Each year, the Town of Rye determines the fair market value of the real estate properties for the Village of Rye Brook, with revaluations occurring every five years to secure a more equitable distribution of the tax burden. As shown in Table 30, over the period from the peak of the housing market to the present, 2007 to 2013, the assessed value of the village’s taxable properties declined by 18.7%, and the total assessed value of all properties decreased by 15.9%. Typically, assessment values will vary between a revaluation year and prior year due to updated assessment levels. The annual change between 2009 and 2010 (a revaluation year) was -7.6%, the most significant annual decline over the years from 2007 to 2013. Increases in assessed values are usually associated with new housing, commercial developments, improvements to existing property and increased real estate values generally. Rye Brook’s decrease in property assessment values may be attributed primarily to region-wide factors including the slowed pace of construction and declining real estate values associated with the 2007-2009 recession. That economic weakness may have further contributed to lower property assessment values because of property depreciation as a result of age and deterioration, as property owners may have opted to defer maintenance and upgrades. Plan Rye Brook  Chapter 9: Housing  117  Table 30: Assessed Value in the Village of Rye Brook, 2007-2013 Assessed Value Total Annual ChangeYear Taxable Tax Exempt Total 2007 $ 3,031,702,427 $ 379,832,700 $ 3,411,535,127 2008 $ 2,973,654,661 $ 388,919,365 $ 3,362,574,026 -1.4% 2009 $ 2,882,704,164 $ 396,249,665 $ 3,278,953,829 -2.5% 2010 $ 2,639,722,212 $ 389,604,100 $ 3,029,326,312 -7.6% 2011 $ 2,526,387,271 $ 419,790,800 $ 2,946,178,071 -2.7% 2012 $ 2,467,385,023 $ 417,175,400 $ 2,884,560,423 -2.1% 2013 $ 2,466,283,243 $ 401,850,800 $ 2,868,134,043 -0.6% Absolute Change $ (565,419,184) $ 22,018,100 $ (543,401,084) Percent Change -18.7% 5.8% -15.9% Note: Town-wide revaluations occurred in 2005 and 2010. Source: Town of Rye Assessor, 2013  9.4 Housing Affordability Affordable housing is a general term that can mean private or public housing, workforce housing or even temporary shelters. Throughout New York metropolitan region, affordability of housing is an issue, as the financial situations of owners and renters has often not kept pace with the rise in value of new and existing homes, creating an affordability gap. As a rule of thumb, housing is considered affordable when it costs no more than 30% of a household’s monthly household income for rent/mortgage, taxes and utilities. Designated affordable housing is guaranteed to remain affordable for a set period to households qualifying under specific income guidelines. 9.4.1 Rental Households Adjusted for inflation, median gross rent, including the cost of rent plus utilities, has declined in recent years, compared with 1999, in Rye Brook (-6%), Port Chester (-6.9%) and Westchester County (-26.1%). Both Harrison and the City of Rye saw increases in gross rent of 20.6% and 9.4%, respectively (see Table 31, below). At $1,488 in 2011, Rye Brook’s median gross rent is $337 less than the County’s 100% Area Median Income (AMI) standard for one-person households, and $597 less for a two-person household for 2013, including the cost of utilities. Plan Rye Brook  Chapter 9: Housing  118  Table 31: Gross Rent, 1999 to 2011 (in 2011$) Rye Brook Rye Port Chester Harrison Westchester County 1999 2011 1999 2011 1999 2011 1999 2011 1999 2011 $ 1,584 $1,488 $ 1,794 $1,670 $ 1,234 $1,364 $1,576 $1,724 $1,133 $1,252 Change Change Change Change Change Absolute Percent Absolute Percent Absolute Percent Absolute Percent Absolute Percent $ -96 -6.0% $306 20.6% $ -124 -6.9% $148 9.4% $ -436 -26.1% Source: US Census, Summary File 3, 2000 & American Community Survey 2007-2011 5-Year Estimate Chart 12 shows the monthly share of household income that renters spent on housing costs over the five-year period from 2007 to 2011. As it is generally accepted that households spending 30% or more of monthly income on housing are cost-burdened, 63.8% of Rye Brook renters overspent on housing in 2011, versus 33.9% in the City of Rye, 59.5% in Port Chester, 50% in Harrison and 52% in Westchester County overall. The problem of rental affordability in Rye Brook appears to be growing, as the share of overburdened renters grew from 33.2% in 1999 to 63.8% in 2011, a difference of 30.6 percentage points, or 153 households. This likely reflects in large part the severe economic recession of 2008-2009 and the slow recovery through 2013. Chart 12: Gross Rent as a Percentage of Household Income, 2011 Source: US Census, American Community Survey 2007-2011 5-Year Estimate According to the recent Housing Settlement (see discussion below), affordable housing in Westchester County must be offered to residents whose incomes are equal or less than 60% of AMI for rental units (for homeownership, it is 80% of AMI). Rye Brook’s median gross rent is higher than this threshold for one-, two-, and three-person households, but is below the threshold for four-person households or more, signifying the strong need for affordable housing for families with children. 17% 5% 12% 18% 46% 3% 36% 17% 10%6% 28% 4% 15% 7% 15% 10% 49% 3% 26% 16% 6%7% 43% 2% 21% 12%11%9% 43% 4% 0.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0% Less than 20% 20 to 24% 25 to 29% 30 to 34% 35% or more Not computed Rye Brook Rye Port Chester Harrison Westchester County Plan Rye Brook  Chapter 9: Housing  119  9.4.2 Monthly Owner Costs Because monthly owner costs are generally lower for homeowners that have paid off their mortgage than those who have not, Chart 13 and Chart 14 show monthly owner costs according to mortgage status. Among mortgage holders over the years from 2007-2011, 40.3% of Rye Brook households paid more than 30% of their income on housing, higher than the City of Rye (35.9%) but lower than Port Chester (58.5%), Harrison (47.1%) and Westchester County (44.2%). Residents in all of these areas spent a larger share of their monthly income on owner costs over the 2007-2011 than in 2000. In the Village of Rye Brook, the share of income spent on housing increased from 36.9% to 40.3%. Chart 13: Selected Monthly Mortgage Holding Owner Costs as a Percentage of Household Income, 2011 Source: US Census, American Community Survey 2007-2011 5-Year Estimate Compared with surrounding municipalities and the county for the 2007-2011 period (see Chart 14, below), Rye Brook was the only area where the share of homeowners that paid more than 30% of their income on monthly costs was higher among those that had paid off their mortgages in full (42.9%) than those that were still paying their mortgage (40.3%). Among these municipalities in 2007-2011, Rye Brook also had the highest share of households without a mortgage paying 30% or more of their income on housing, an increase over 2000, when only 21.6% of village households paid 30% or more on housing, a gain of 15.3 percentage points. Plan Rye Brook  Chapter 9: Housing  120  Chart 14: Selected Monthly Non-Mortgage Holding Owner Costs as a Percentage of Household Income, 2011 39% 6% 11% 6% 37% 2% 57% 6%5%3% 28% 0% 46% 8% 6%4% 36% 0% 54% 10% 7% 4% 25% 0% 54% 9%7%5% 25% 1% 0.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0% 70.0% Less than 20% 20 to 24% 25 to 29% 30 to 34% 35% or more Not computed Rye Brook Rye Port Chester Harrison Westchester County Source: US Census, American Community Survey 2007-2011 5-Year Estimate 9.4.3 Westchester Housing Settlement The 2009 Westchester Housing Settlement (Stipulation and Order of Settlement and Dismissal in United States ex rel Anti-Discrimination Center of Metro New York, Inc. v. Westchester County, New York) provides an extensive background for the Village of Rye Brook’s approach to affordable housing. As part of the Settlement, 750 units of affordable housing are to be developed by the end of 2016 in certain areas of 31 municipalities in Westchester County, including Rye Brook. The County was ordered to produce an Implementation Plan and allocate $50 million for the development of these units, 630 of which were to be provided in municipalities where black residents make up less than 3% of the population and Hispanic residents make up less than 7%. The remaining 120 units must meet different criteria for cost and ethnic concentrations. In an effort to comply with the Settlement, the Village of Rye Brook commissioned a 2011 study that analyzed existing affordable housing needs and potential development opportunities. The study found that, within the village, a number of properties in commercial, office and residential zoning districts have potential for redevelopment or adaptive reuse as affordable housing. Most of the properties are privately owned, while others are owned and used by the Village for municipal purposes, and some are underutilized or not developed at all. The study identified the following properties as a starting point from which a short list of properties could be agreed upon as having potential for affordable housing developments: Plan Rye Brook  Chapter 9: Housing  121   United Cerebral Palsy (UCP) Property, Lincoln Avenue (3.45 acres)  Village Property, Upper Lincoln Avenue adjacent to King Street (8.42 acres)  Reckson Office Park, Phase III, King Street (32.48 acres)  900 King Street (18.13 acres)  10 Bishop Drive South (0.46 acres)  King Street Home (King Street buffer area, 8.6 acres)  259 North Ridge Street and sloped area behind single-family residence (4.1 acres)  8 Berkley Drive (0.62 acre)  Elm Hill Park, Elm Hill Drive (1.45 acres)  Rye Town Hilton, Westchester Avenue (35.61 acres)  51 Hawthorne Avenue and adjacent lot (1.01 acres)  800 Westchester Avenue (undeveloped buffer area, 40 acres)  Port Chester Middle School lot on Ridge Street (0.1 acre)  Vacant lot, Barber Place (0.23 acre)  City of Rye Property, Bowman Avenue (10.54 acres)  K&M Realty Group Property, Bowman Avenue (4.04 acres)  525 Ellendale Avenue (0.17 acre)  DPW Properties, 511 West William Street/Ellendale Avenue (1.23 acres)  Roanoke Park, Roanoke Avenue (1.45 acres)  Washington Park Plaza Shopping Center and adjacent lot on Ridge Street  Various lots in the two-family zoning district As of September 30, 2013, the Village had approved plans for two sites that will support the development of at least 20 units of affordable housing. The first, 525 Ellendale Avenue, is anticipated to produce 4 one-bedroom affordable condominium units and will qualify under the Settlement. All four units will be sold to households at or below 80% of AMI. The second, 80 Bowman Avenue, is expected to produce 16 units and will also qualify under the Settlement. Half of the proposed units will be structured as one-bedroom apartments for leasing, with the remainder be sold as two-bedroom condominium units to eligible households based on income guidelines. Figure 21 depicts these approvals in relation to other proposed affordable housing developments in Westchester County. At 259 North Ridge Street, a conceptual sketch has been prepared that would include up to affordable housing 13 units including one-, two- and three- bedroom homes. No application has been submitted to the Village. These potential affordable units would add to the total of 58 affordable housing units already present in Rye Brook (see Figure 22 for a map):  510 Westchester Avenue (14 units) - Built in 1996, this development includes four units of affordable senior apartments funded by the federal HOME program administered through Westchester County, available to seniors with up to 50% AMI. The remaining 10 units are available to seniors with income up to 60% up the AMI for the County. VILLAGE OF RYE BROOK, NY SOURCE: WESTCHESTER COUNTY DEPARTMENT OF PLANNING PLAN RYE BROOK FIGURE 21: AFFORDABLE HOUSING DEVELOPMENT IN WESTCHESTER COUNTY PEEKSKILL RYE VERNON MOUNT ROCHELLE NEW WHITE PLAINS YONKERS SOMERS NORTH SALEM SCARSDALE CORTLANDT LEWISBORO OSSINING MOUNT PLEASANT NORTH CASTLE BEDFORD POUND RIDGE YORKTOWN GREENBURGH HARRISON MOUNT KISCO NEW CASTLE EA S T C H E S T E R MAMARO- NECK P U T N A M C O U N T Y C O N N E C T I C U T NEW YO R K C ITY Westchester County Department of Planning, September 30, 2013 WESTCHESTER COUNTY September 30, 2013 Affordable AFFH Developments Non-eligible municipalities Number of AFFH units 46-100 16-45 5-15 under 5 Ownership Housing Ownership Housing w/Rental Unit(s) Rental Housing 37 Wildwood Rd (P) 1 unit Roundtop (P) 83 units (7b/c) 54 Hunts Place 28 units Cottage Landings (P)18 units 445 North State Rd (P) 14 units 55 Pleasant Ave (P) - 2 units 293 Manville Rd (P) - 1 unit Crompond Crossing (P) 26 units Freedom Gardens (P) 3 units 42 1st Ave (P) 3 units (7b) Waterwheel 17 units Crotonon Hudson Mamaroneck Larchmont Tuckahoe Bronxville Pelham Pelham Manor ArdsleyDobbs Ferry Buchanan ManorBriarcliff Ossining Sleepy Hollow Irvington Tarrytown Elmsford Pinebrook Commons 46 units 52 Washington Ave - 3 units 184 Farragut Ave - 2 units Total Ownership Units: 198 Total Rental Units: 493 Subtotal Ownership and Rental Units: 691 Acquisition/Rehab Units (location TBD): 4 TOTAL UNITS: 695 MAP NOTE: This map shows affordable AFFH (Affirmatively Furthering Fair Housing) developments that are both under development and under review. Unless noted, all projects are located in 7(a) eligible areas. 525 Ellendale 4 units (7c) (P)Building Permit Issued Rivertowns Square 10 units (7c) Hastings on Hudson 425 Saw Mill River Rd 12 units Bridleside (P) 65 units 555 Route 22 84 units Over 100 Chappaqua Crossing 20 units Somers Green 72 units Clayton Blvd 75 units 17 Kaldenberg Place 2 units (7c) Port Chester 80 Bowman 16 units Brook Rye 25 Saxon Woods Rd 4 units 230 Westchester Ave 1 unit 2 Woodland Ave - 2 units 240 Underhill Ave (P) 26 units Adams Bernstein House 1 unit 602 Route 22 3 units 21 Cooley St - 3 units 2-4 Weaver St 1 unit 37 Stewart Place 2 units 10 Byron Place 10 units 557 North State Rd 3 units (7c) Symphony Knoll 1 unit 16 Route 6 16 units Pleasantville 485-501 Washington Ave - 7 units (P)(P) (P) (P) Plan Rye Brook  Chapter 9: Housing  123   Grant Street Senior Housing Phase I (26 units) - Completed in 2001, the development offers one-bedroom units of senior rental housing. Of the total, 11 units funded by the federal HOME program and are available to those with incomes up to 50% of AMI, while the remaining 15 units are available to seniors with up to 60% of AMI.  Grant Street Senior Housing Phase II (6 units) – This senior rental housing complex with federal HOME funding is available to those with incomes at or below 50% and up to 60% of AMI.  BelleFair (12 units) - BelleFair is a planned unit development completed in 2001. Of the existing 261 units, 12 units have been set aside as affordable middle income residences as defined by the Code of the Village of Rye Brook (see Section 9.4.4, below).15 All of these middle income residences are restricted for employees of the Village and school districts serving Rye Brook with income limits up to 115% of AMI for the County. 9.4.4 Fair and Affordable Housing Following the Settlement, the Village of Rye Brook formed an Affordable Housing Model Ordinance Task Force in October 2010 to review model affordable housing ordinances identified in the County’s Implementation Plan and make recommendations for ordinance revisions to the Village Board. This effort culminated in 2011 with amendments to the Village’s site plan and subdivision regulations, adopting most provisions of the County’s Model Ordinance, and the establishment of a new Fair and Affordable Housing Floating Zoning District. The Floating Zoning District is applicable throughout the village upon request by developers to sites and residential developments approved by the Village Board where at least 50% of residential units will be guaranteed affordable for a period of 50 years or more. Fair and affordable housing has been termed in the Settlement’s Model Ordinance Provisions and the Village of Rye Brook’s Floating Zoning District as “Affordable Affirmatively Furthering Fair Housing (AFFH),“ which refers to for-sale homes that are affordable to households earning no more than 80% of Westchester County’s AMI, and where the annual housing cost per unit, including common charges, principal, interest, taxes, and insurance, does not exceed 33% of 80% AMI, adjusted for family size. Rental units must be affordable to households with annual income not exceeding 60% of Westchester County’s AMI, with annual housing costs including rent plus utilities not to exceed 30% of the 60% AMI, adjusted for family size. All AFFH units must be marketed according to rules set forth in the Westchester County Fair and Affordable Housing Affirmative Marketing Plan.16                                                              15 These locally defined units do not meet Westchester County’s definition of affordable housing. 16 Village of Rye Brook Planning Base Studies, Westchester County Planning Department, 2012.  VILLAGE OF RYE BROOK, NY SOURCE: GOOGLE MAPS, BFJ PLANNING PLAN RYE BROOK FIGURE 22: EXISTING AND POTENTIAL AFFORDABLE HOUSING IN RYE BROOK 80 Bowman Avenue 525 Ellendale Avenue 510 Westchester Avenue Grant Street Senior Housing BelleFair Built Planned Plan Rye Brook  Chapter 9: Housing  125  To receive the benefits of the floating zone, including expedited review and approval processes and dimensional/bulk requirement modifications, affordable units must meet several standards:  Conformity to the County’s definition of affordable housing  Marketing efforts must follow the requirements of the Westchester County Fair and Affordable Housing Affirmative Marketing Plan  Affordable units must be integrated within the development  Conformity to minimum floor area and occupancy standards: o The minimum gross floor area per affordable unit shall not be less than 80% of the average floor area of non-restricted housing units in the development, if any, and no less than the gross floor area set forth below, except as required by State building codes:  Efficiency: 450 square feet  One-bedroom: 675 square feet  Two-bedroom: 750 square feet  Three-bedroom: 1,000 square feet (including at least 1.5 baths)  Four bedroom: 1,200 square feet (including at least 1.5 baths) o The following occupancy standards apply, except as required by State building codes:  Efficiency: Minimum 1 person, maximum 1 people  One-bedroom: Minimum 1 person, maximum 3 people  Two-bedroom: Minimum 2 people, maximum 5 people  Three-bedroom: Minimum 3 people, maximum 7 people  Four-bedroom: Minimum 4 people, maximum 9 people  Conformity to resale and lease renewal requirements 9.4 Issues and Opportunities Preserve and Enhance Rye Brook’s Neighborhoods Rye Brook is known for its attractive, stable neighborhoods, which greatly contribute to the village’s appeal. This Comprehensive Plan seeks to support these neighborhoods, retaining their overall appearance, character and quality of life. Recommendations in other chapters of the Plan suggest various measures with the potential to enhance the village without detracting from its existing residential areas, and in fact, to further quality-of-life improvements in neighborhoods. The Village should continue to maintain good relationships with homeowners’ associations, major property owners and landlords to ensure that lines of communication are open and that Plan Rye Brook  Chapter 9: Housing  126  properties are well maintained. The Building Department should remain diligent in enforcement of State and Village regulations and the conditions of approved site plans, subdivisions and other land-use approvals. Such consistent oversight of residential areas, as well as commercial areas that abut them, will assure that Rye Brook upholds its strong reputation as a desirable community. Continue to Pursue Expanded Housing Choices and Create and Preserve Affordable Housing The Village of Rye Brook has been proactive in studying the issue of affordable housing, including a comprehensive analysis of potential development sites, adoption of most provisions of the County’s Model Ordinance and establishment of a Fair and Affordable Housing Floating Zone. As noted above, the Village already has a total of 58 affordable units in place, with the potential for an additional 20 affordable units in the pipeline. As illustrated in Figure 21, not all other communities in Westchester County have been as successful in promoting affordable housing. Rye Brook’s efforts are to be commended, and it should continue to encourage developers to utilize its affordable housing zoning. Nonetheless, there are additional tools at the Village’s disposal to further promote the development of affordable housing. One strategy that many communities employ is expanding the available locations for multifamily uses. Currently, multifamily is only allowed as-of-right in one zoning district within Rye Brook, the RA-1, and this is mapped in just one location: Avon Circle at Westchester and Bowman Avenues. As discussed in Chapter 4, Rye Brook could consider allowing multifamily residential uses by special permit in the C1 and C1-P zones, subject to clearly defined criteria, including co-location with commercial and/or office uses, limits on residential uses to upper floors and frontage on Westchester Avenue, Bowman Avenue or South Ridge Street. The Town of Mamaroneck – which, like Rye Brook, was subject to the County’s Settlement – recently adopted zoning changes code to allow multifamily residential uses either as of right or by special permit in its business districts, and included a provision for some of the allowable units to be affordable. If the C1 and C1-P zoning were adjusted to allow for multifamily development, the Village could also adopt a requirement that 10% of new units must be set aside for affordable units as defined in its ordinance. These units should be limited to studios and one-bedrooms, to minimize potential negative impacts on the Port Chester school district, and to appeal to single, young couples and empty-nesters. Promoting affordable multifamily units within commercial zones makes sense, particularly given the findings in the Village’s Affordable Housing Discussion Paper that “the ideal location for affordable housing is within walking distance to public transportation, schools and neighborhood shopping.” In the future, the Village may also consider opening up selected office zones to carefully specified multifamily development, an approach being explored by other communities. For example, Harrison, faced with significant office vacancies in its Platinum Mile area along I-287, is considering allowing by special permit the development of senior, assisted-care and other housing, as well as complementary retail. Rye Brook may explore a similar strategy for some of its office areas, particularly those that have long-term vacancy issues, such as 900 King Street. Plan Rye Brook  Chapter 9: Housing  127  This Comprehensive Plan suggests that any zoning change (including mixed-use) requested by an applicant to sites in Rye Brook that would add value by expanding the permitted uses should include a provision for affordable units in future development or redevelopment. This would balance the benefit received by the property owner with the clear community benefit of achieving more affordable housing. Finally, to provide for a greater range of housing choices – particularly for seniors and young adults – the Village should consider allowing accessory apartments (or “in-law apartments”) in some single-family zones. This Plan does not suggest that such apartments be required to be affordable, because of potential issues with resale of the property stemming from deed restrictions. The intent would be to give village residents more economic flexibility, so that they can remain in their homes. In addition, accessory apartments could serve to expand Rye Brook’s housing stock to appeal to a broader range of age groups, especially young singles or couples who may not yet need or be able to afford a traditional single-family home.   9.5 Housing Recommendations  Maintain good communications with HOAs, major property owners and landlords.  Continue strong enforcement of land use regulations and the conditions of site plan, subdivision or other land-use approvals.  In the event that multifamily residences are allowed in commercial zones, include a provision that 10% of any new units be set aside for fair and affordable housing.  Consider allowing multifamily uses (senior as well as market-rate) by special permit in office zones.  Adopt a policy that any zoning change (including mixed-use) sought by an applicant that would expand the permitted uses should include a provision for affordable housing units.  Explore allowing accessory apartments (“in-law apartments”) in low-density single-family zones subject to criteria including: o They would be allowable only in the R-12, R-15, R-20 and R-25 zones (this ensures a lot size large enough for parking and privacy). o They would require a special permit from the Village Board. o They would be required to satisfy parking requirements for both the principal and accessory residential use. o They may be no larger than 20% to 25% of the principal residential use and limited to studios or one-bedroom units. This helps to ensure that a single0family home does not become a two-family house. The accessory unit must be subsidiary and incidental to the primary single-family use. o Either the principal residential use or the accessory apartment must be occupied by the property owner or a family member.  Continue to encourage affordable housing developers to utilize the Village’s affordable housing floating zone and other land use provisions adopted as part of the Westchester County model ordinance. Plan Rye Brook  Chapter 9: Housing  128