27-16 - Requirements for MIH Sites or UAP Sites LAST AMENDED 12/5/2024 #Affordable housing# in an #MIH site# or #UAP site# shall meet each of the requirements set forth in this Section for the entire #regulatory period#, except that #affordable housing# restricted pursuant to an #affordable housing regulatory agreement# shall only be required to comply with paragraphs (a) and (j) of this Section. (a) Location of #MIH site# or #UAP site# and #MIH zoning lot# or #UAP zoning lot# Where an #MIH site# or #UAP site# is not located within the #MIH zoning lot# or the #UAP zoning lot#, as applicable: (1) the #MIH site# or #UAP site# and the #MIH zoning lot# or #UAP development#, as applicable, shall be located within the same Community District; or (2) the #MIH site# or #UAP site# and the #MIH zoning lot# or #UAP zoning lot#, as applicable, shall be located in adjacent Community Districts and within one-half mile of each other, measured from the perimeter of each #zoning lot#. Outside of #UAP offsite option areas#, a #UAP site# must be located within the #UAP zoning lot#. (b) Distribution of #affordable housing units# In #new construction affordable housing#, where one or more of the #dwelling units# or #rooming units# in an #MIH site# or #UAP site#, other than any #super’s unit#, are not #affordable housing units#: (1) the #affordable housing units# shall be distributed on not less than 65 percent of the #residential stories# of such #MIH site# or #UAP site#, or, if there are insufficient #affordable housing units# to comply with this requirement, the distribution of #affordable housing units# shall be as specified in the #guidelines#; and (2) not more than two-thirds of the #dwelling units# and #rooming units# on any #story# of such #MIH site# or #UAP site# shall be #affordable housing units#, unless not less than two-thirds of the #dwelling units# and #rooming units# on each #residential story# of such #MIH site# or #UAP site# are #affordable housing units#. #HPD# may waive such requirement for any #new construction affordable housing# that is located on an #interior lot# or #through lot# with less than 50 feet of frontage along any #street#. Where one or more of the #dwelling units# or #rooming units#, other than any #super’s unit#, are not #affordable housing units#, the #affordable housing units# shall share a common primary entrance with the other #dwelling units# or #rooming units#. However, if an #MIH site# or #UAP site# contains both #homeownership# and rental housing and no #affordable housing units# are #homeownership# housing, the distribution requirements above shall only apply to #residential stories# containing rental housing. In addition, the distribution requirements above shall not apply if all #affordable housing units# are rental #affordable housing# and all other #dwelling units# are #homeownership# housing, and shall not apply to any #affordable housing units# that are also #supportive housing units# or #affordable independent residences for seniors#. In addition, #HPD# may waive these requirements for #affordable floor area# created in an #MIH site# or #UAP site# through #enlargement#, as specified in the #guidelines#. #HPD# may disapprove any #building# configuration that would frustrate the intent and purpose of this Section by segregating #affordable housing units# or stigmatizing residents of such #affordable housing units#. (c) Bedroom mix of #affordable housing units# (1) In #new construction affordable housing#, where one or more of the #dwelling units# in an #MIH site# or #UAP site#, other than any #super’s unit#, are not #affordable housing units#, either: (i) the #dwelling units# that are #affordable housing units# shall contain a bedroom mix at least proportional to the bedroom mix of the #dwelling units#, other than any #super’s unit#, that are not #affordable housing units#; or (ii) not less than 50 percent of the #dwelling units# that are #affordable housing units# shall contain two or more bedrooms and not less than 75 percent of the #dwelling units# that are #affordable housing units# shall contain one or more bedrooms. However, such bedroom mix requirements shall not apply to #affordable independent residences for seniors#. #HPD# may also waive such bedroom mix requirements for any #new construction affordable housing# that is located on an #interior lot# or #through lot# with less than 50 feet of frontage along any #street#. In addition, #HPD# may waive these requirements for #affordable floor area# created in an #MIH site# or #UAP site# through #enlargement#, as specified in the #guidelines#. (2) Where all of the #dwelling units# in an #MIH site# or #UAP site#, other than any #super’s unit#, in #new construction affordable housing# are #affordable housing units#, the bedroom mix shall be as set forth in the #guidelines#. (3) #Supportive housing units# shall contain such configuration as #HPD# shall require. (4) For purposes of this paragraph (c), fractions equal to or greater than one-half resulting from any calculation shall be considered to be one #dwelling unit#. (d) Size of #affordable housing units# (1) In #new construction affordable housing#, the average size of #affordable housing units# of a particular bedroom count shall be not less than the average size of #dwelling units# that are not #affordable housing units# with the same number of bedrooms, or the minimum size specified below for a #dwelling unit# of a particular bedroom count, whichever is less: (i) 400 square feet of #floor area# within the perimeter walls for a zero bedroom #dwelling unit#; (ii) 575 square feet of #floor area# within the perimeter walls for a one bedroom #dwelling unit#; (iii) 775 square feet of #floor area# within the perimeter walls for a two bedroom #dwelling unit#; or (iv) 950 square feet of #floor area# within the perimeter walls for a three bedroom #dwelling unit#. However, these unit size requirements shall not apply to #affordable independent residences for seniors#. #HPD# may specify the method of measuring #floor area# within #affordable housing units# in the #guidelines#, compliant with Department of Buildings practice; and (2) Where all of the #dwelling units# in an #MIH site# or #UAP site#, other than any #super’s unit#, in #new construction affordable housing# are #affordable housing units#, such #affordable housing units# shall comply with the size requirements as set forth in the #guidelines#. (3) #Supportive housing units# shall comply with the size requirements specified by #HPD#. (e) Records For a period of time specified in the #guidelines#, the owner of the #affordable housing units# shall maintain all records setting forth the facts that form the basis of any affidavit submitted to #HPD#, and shall make such records available for inspection and audit by #HPD# upon request. (f) #Restrictive declaration# (1) The #restrictive declaration# shall require compliance with and shall incorporate by reference the #affordable housing application# and the applicable provisions of this Zoning Resolution and the #guidelines# and shall contain such additional terms and conditions as #HPD# deems necessary. (2) The #restrictive declaration# shall require that #HPD# be provided with documentation indicating the amount of #affordable floor area#. For #new construction affordable housing# such documentation shall include, but shall not be limited to, plans meeting the requirements of paragraph (c) of Section 27-14 (Methods of Providing Affordable Housing). (3) The #restrictive declaration# shall be recorded against all tax lots comprising the portion of the #zoning lot# within which the #MIH site# or #UAP site# is located and shall set forth the obligations, running with such tax lots, of the owner and all successors in interest to provide #affordable housing# in accordance with the #affordable housing application# for the entire #regulatory period#. (4) Where applicable in accordance with paragraph (b) (Monthly rent) of Section 27-161 (Additional requirements for rental affordable housing), the #restrictive declaration# shall provide that certain obligations shall survive the #regulatory period#. (g) Housing standards Upon the date that #HPD# issues the #completion notice#, the #MIH site# or #UAP site# shall be free of violations of record issued by any City or State agency pursuant to the Multiple Dwelling Law, the Building Code, the Housing Maintenance Code and this Zoning Resolution, except as may otherwise be provided in the #guidelines#. (h) Insurance The #affordable housing# shall at all times be insured against any damage or destruction in an amount not less than the replacement value of such #affordable housing#. (i) Duration of obligations The obligation to provide and maintain a specified amount of #affordable housing# on an #MIH site# or #UAP site# shall run with the #zoning lot# containing such #MIH site# or #UAP site# for not less than the #regulatory period#. (j) One #MIH site# or #UAP site# may satisfy requirements for multiple #MIH zoning lots# or #UAP zoning lots#, as applicable Any #MIH site# or #UAP site# may contain #affordable housing# that satisfies the requirements of this Chapter, for more than one #MIH development# or #UAP development#, as applicable, provided that no #affordable floor area# shall be counted more than once in satisfying the requirements of such #MIH developments# or #UAP developments#, or for the purposes of utilizing #floor area# provisions applicable to #qualifying affordable housing# in Section 23-22 (Floor Area Regulations for R6 Through R12 Districts). (k) #Guidelines# #HPD# shall adopt and may modify #guidelines# for the implementation of the provisions of Section 27-00, inclusive.