27-14 - Methods of Providing Affordable Housing

LAST AMENDED
12/5/2024


(a)    For #UAP developments#, #affordable housing# shall be either #new construction affordable housing#, #preservation
       affordable housing# or a #conversion# from non-#residential# to #residential use#. For #MIH developments#, #affordable
       housing# shall be either #new construction affordable housing# or a #conversion# from non-#residential# to #residential
       use#. #Conversions# shall comply with the requirements of Section 27-10 (ADMINISTRATION OF AFFORDABLE
       HOUSING), inclusive, applicable to #new construction affordable housing#.

(b)    When determining whether #affordable housing# is #new construction affordable housing# or #preservation affordable
       housing#, or when making a determination as to which #building# constitutes a #UAP site#, #HPD# may separately
       consider each #building# on a #zoning lot#. Where any such #building# consists of two or more contiguous sections
       separated by walls or other barriers, #HPD# may consider all relevant facts and circumstances when determining whether
       to consider the sections of such #building# separately or collectively, including, but not limited to, whether such sections
       share systems, utilities, entrances, common areas or other common elements and whether such sections have separate
       deeds, ownership, tax lots, certificates of occupancy, independent entrances, independent addresses or other evidence of
       independent functional use.

(c)    The amount of #affordable floor area# in any #MIH site# or #UAP site# shall be determined based upon plans for such
       #MIH site# or #UAP site# which have been approved by the Department of Buildings and which indicate thereon the
       amount of #floor area# devoted to #affordable housing# and the amount of #floor area# devoted to other #residential
       uses#. However, for #UAP sites# where the Department of Buildings does not require #floor area# calculations, the
       amount of #affordable floor area# shall be determined by methods specified in the #guidelines#.

(d)    The amount of qualifying #floor area# for any #income band# in an #MIH site# or #UAP site# shall be determined by the
       same method as the calculation of #affordable floor area#.

(e)    #Affordable housing units# shall be either rental #affordable housing# or #homeownership affordable housing#.

(f)    An #MIH site# that is part of an #MIH zoning lot#, or a #UAP site# that is part of a #UAP zoning lot#, in which at least
       two-thirds of the #dwelling units# are #affordable housing units# shall be either a #building# that:

       (1)    shares a common #street# entrance with another #building# on the #zoning lot# in which less than one-third of
              the #dwelling units# are #affordable housing units#; or

       (2)    is independent, from grade at the #street wall line# to the sky, of any other #building# on the #zoning lot# in
             which less than one-third of the #dwelling units# are #affordable housing units#, and such #building# shall have
             its primary entrance on a #street# frontage that has primary entrances for other #residential buildings#.

      (3)    #HPD# may waive the requirements of this paragraph (f) if it determines that the #buildings# on the #zoning lot#
             are otherwise located in a manner that does not stigmatize occupants of #affordable housing units#.

(g)   #HPD# shall have the right, in its sole discretion, to deny any #affordable housing application# proposing #preservation
      affordable housing#, and shall have the right, in its sole discretion, to deny any #affordable housing application# that
      includes #homeownership affordable housing#, #qualifying senior housing#, or a #supportive housing project#, and
      instead require that such #MIH site# or #UAP site# be developed with rental #affordable housing#. Pursuant to
      paragraph (k) of Section 27-16 (Requirements for MIH Sites or UAP Sites), #HPD# may adopt #guidelines# for the
      implementation of this paragraph (g).