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Huntington, NY Zoning Overlays & Bonuses: Density Bonus Law (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing chapter
Ch. 74, Affordable Housing (adopted 2017)
Trigger
5+ unit subdivision, site plan, or mixed-use project
On-site set-aside
1 affordable unit per 5 market-rate units
Fee in lieu
2.5% of unit's initial sales price (under 5 units)
Administering agency
Huntington Community Development Agency
First-offense fine
$500-$1,000 (§ 74-53)

Summary

Under the Long Island Workforce Housing Act as adopted by the Huntington Town Board, any developer seeking a density bonus or other incentive on a five-or-more-unit subdivision, site plan, or mixed-use project must establish workforce housing on-site, off-site, or by paying a fee in lieu, before the Planning Board can sign off.

When a subdivision plat or site plan for five or more residential units or a mixed-use development is being considered by the Planning Board, a developer seeking a density bonus or other incentive shall establish workforce housing in compliance with the provisions of § 699 et seq. of the General Municipal Law. Such housing shall be located on or off-site, or in lieu thereof the applicable fee shall be deposited, all as a set forth in § 699-b(1)(a),(b) and (c) of the General Municipal Law.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4940543; v75 updated 2026-06-09; through 06-09-2026).

Full Breakdown

L. No. 18-2017), ties any density bonus or other zoning incentive granted by the Planning Board to a workforce-housing obligation under General Municipal Law § 699 et seq. The bonus itself is calculated under state law: § 74-2(B) says "Density Bonus shall be calculated and defined as in § 699-a of the General Municipal Law," but the Town spells out its own set-aside math in § 74-48(B). In a commercial or industrial district where no lot-yield or density increase is granted and five or more units are proposed, the developer must set aside one affordable unit for every five market-rate units, built on-site.

5% of the affordable unit's initial sales price paid into the Town's Affordable Housing Trust and Agency Fund, an amount the Affordable Housing Advisory Board can recommend increasing. Any workforce unit created must stay affordable in perpetuity under § 74-37, backed by covenants and restrictions recorded against the property (§ 74-38) before a building permit can be accepted for filing. The Huntington Community Development Agency (HCDA) reviews unit location, size and finishes, keeps the purchaser waiting list, and collects administration fees under § 74-40: 1% of the initial sale price, then 1%-3% of the resale price depending on how many years the seller has owned the unit, plus one month's rent per rental unit and a $50 recertification fee.

Violations & Fines

Town Code § 74-53 makes a violation of the Affordable Housing chapter punishable by a fine of $500 to $1,000 for a first offense, $1,000 to $2,000 for a second offense within five years, and $2,000 to $4,000 or up to 15 days' imprisonment for a third or later offense; each week a violation continues is a separate offense. The Bureau of Administrative Adjudication can impose the same fine ranges, and the Town Attorney may seek an injunction or civil penalties of up to $500 per day.

Frequently Asked Questions

Does a developer have to build workforce housing to get a density bonus in Huntington?
Yes. Section 74-34 requires any developer seeking a density bonus or other incentive on a five-or-more-unit subdivision, site plan, or mixed-use project to establish workforce housing under General Municipal Law § 699 et seq., on-site, off-site, or through a fee paid to the Town.
What happens on a project with fewer than five units?
Under § 74-48(B)(2), a developer building fewer than five units in a commercial or industrial district pays 2.5% of the affordable unit's initial sales price into the Affordable Housing Trust and Agency Fund instead of building the unit on-site.
Who administers Huntington's workforce housing set-aside?
The Huntington Community Development Agency reviews and approves the location, size and finishes of affordable units, maintains the purchaser waiting list, and collects administration fees under § 74-40; violations of the chapter carry fines under § 74-53.

Sources & Official References

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