Asbury Terrace: Information in Reference to Tenant Concerns April 2024

Information in Reference to Tenant Concerns at Asbury Terrace

On February 28, 2024, residents of Asbury Terrace (at 1 River Plaza, Tarrytown, NY) received a notice from the Community Housing Management Corporation (“CHMC”), the entity that has managed Asbury Terrace for more than fifty years and currently manages the property for the current owner, Asbury Apartments LLC. The notice stated that effective Sept 1, 2024, rents at Asbury Terrace will increase to HUD approved Fair Market Rents for Westchester County as follows:

1 Bedroom : $1934

2 Bedroom: $2352

3 Bedroom: $2885

This is a 70%-80% increase over previous rents. These rates reflect approximately 30% of incomes set by HUD at 80% of Westchester County’s Average Median Income. This rent increase does not apply to residents in the building who have been participating in the Section 8 program, and therefore impacts approximately 40 households. Asbury Apartments LLC has asked that any tenant who believes that the posted market rents represent more than 30% of their household’s income, that they reach out to the CHMC (the management company) to work with them and ensure that they are not paying more than 30% of their income as calculated by HUD.

A Declaration of Restricted Covenant made by Asbury Apartments LLC on December 16, 2020 commits the owner of the building to maintain Asbury Terrace as an Affordable Housing Development for fifty years from December 16, 2020. For the non-Section 8 units, the covenant states they “shall be operated as affordable housing as follows: (i) each unit occupied on the date hereof shall be considered an affordable housing unit for as long as such household occupies the unit, and (ii) following the vacancy of any such units, each unit shall be leased to households meeting the eligibility and income targeting at eighty percent (80%) or less of AMI, as adjusted for household size, as published by HUD from time to time, and such household's portion of the rent payable for its unit shall not exceed 30% of its income for the remainder of the Restricted Period. [50 years]”

At the Board of Trustee meetings on March 4 and on April 1, tenants of Asbury Terrace raised their concerns about the rent increase. The Village of Tarrytown and the Board of Trustees have no legal authority over Asbury Terrace’s management and no legal authority to set rents or limit rent increases at Asbury Terrace.  The Village never had authority over Asbury Terrace’s sale, including the authority to approve or disapprove of Asbury Terrace’s sale. The 2020 sale of Asbury Terrace to Asbury Terrace LLC required approval of New York State Attorney General and the New York State Supreme Court.

Nevertheless, in an effort to help tenants obtain important information and resources for assistance, the Village hosted a meeting for tenants on Monday, April 8^th at 6pm at the Tarrytown Senior Center with  representatives from the building’s current owner in attendance to answer questions. The meeting video is posted below.

At the Board of Trustees Meeting on April 1, 2024, a tenant from Asbury Terrace inquired about whether the Tarrytown Affordable Housing Fund is available to individuals struggling to pay rent in light of the increase set to begin on September 1. The Tarrytown Affordable Housing Fund was established in October 2020 “to support the development, construction or rehabilitation of affordable housing projects in the Village of Tarrytown consistent with the affordable housing components of the Village’s comprehensive plan.” The Fund was established by the non-profit Housing Action Council (HAC) from the proceeds of the sale of Asbury Terrace Housing Development Company (HDFC) in 2020 as directed by the Board of Directors of the HDFC and by court order. The Tarrytown Affordable Housing Fund is not a Village Fund and the Village does not have any authority to determine how it is used. The Board of Directors of the Housing Action Council determines how the funds are used, and appoints a three-member Committee, currently comprised of three members of the HAC Board of Directors, to  decide on the use of the Fund. Developers who are increasing, preserving or developing affordable housing stock in Tarrytown are eligible to apply to the Housing Action Council for use of these funds.

Resources

The following are some of the organizations in Westchester that address issues of affordable housing:

Westchester County Housing Programs: Housing Assistance Programs administered by Westchester County

Westchester Residential Opportunities: non-profit organization whose mission is to promote equal, affordable and accessible housing opportunities for all residents in our region

The Bridge Fund : The Bridge Fund of Westchester can answer your questions about rental arrears and help with utility bills. Call (914)949-8146 ext.0.

Community Housing Innovations: a not-for-profit organization that provides housing and human services that support social and economic independence.

Legal Services of the Hudson Valley: Provides free legal services for low income individuals in the Hudson Valley

 Welcome Home Westchester: Political advocacy group made up of non-profits supporting affordable housing development in Westchester.

NYHousinggSearch.gov: New York State housing search engine to find affordable and accessible units.

Additional resources pertaining to affordable housing and tenants rights can be found here.