Oyster Bay Councilwoman Bonnie Eisler announced last week a series of proposed changes to the town's S-2 "Golden Age" housing to better protect the rights of those seniors purchasing and currently residing in the Town's S-2 housing developments.
Under the town's S-2 Zoning, a developer may build up to 25 units per acre on a minimum two-acre parcel for senior housing. Potential buyers must meet age and income eligibility requirements established by the town. According to Eisler, "while the law was well-intentioned, it has permitted unscrupulous real estate agents and developers to take advantage of our seniors and it must be fixed."
"The most common concerns I hear from seniors regarding S-2 housing are substandard building materials and construction; real estate agents and developers encouraging seniors to sell their homes far in advance of their unit's completion; unscrupulous developers and real estate agents engaging in bait and switch tactics; seniors who own second homes purchasing units while other eligible seniors are languishing for years on waiting lists; seniors being forced to pay for features that should be standard; contracts of adhesion being forced upon seniors by developers; homeowner associations being forced to pay legal fees to address ownership and other issues; and insufficient parking.
"I have discussed many of these issues with Supervisor Vendito and members of his staff in an effort to change S-2 law and procedure. Today, Councilwoman Mary McCaffery and I delivered a series of proposals to the supervisor that will, if enacted, level the playing field for seniors and ensure that those seniors who need this housing the most will benefit. It is heartbreaking to hear time and again of seniors having to reach into their own pockets to repair a developer's shoddy work, to pay for interim housing because the developer and real estate agent encouraged them to move before their unit was ready, to pay for features that should be standard in each unit, such as grab bars and security systems and to hire legal counsel to deal with ownership issues that frequently arise. It is also very disheartening hearing from so many seniors who so desperately need ant want to live in these developments while many current S-2 residents own second homes.
"Councilwoman McCaffery and I are proposing that the town do the following: require all S-2 developers to escrow 10 percent of the value of each unit for three years; eliminate the use of real estate agents in the sale of S-2 units; impose penalties on developers for units not available when promised; establish mandatory senior-friendly standards on all new S-2 construction; prohibit the ownership of second homes by S-2 residents; increase parking requirements; prohibit town board members from providing legal advice on S-2 matters; and establish a Senior Advisory Council to assist individual seniors and homeowner's associations with legal issues.
"Over the past few years, developers and real estate agents have reaped a windfall off our seniors. It's time to protect and defend the interests of our seniors who were the intended beneficiaries of S-2 housing but who have too often been its victims. We are looking forward to working with our town employees and our seniors to put our proposals into action."