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Affordable Housing Fund contributions for the Mandatory Inclusionary Housing Program – No Public Hearing

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Rule status: Adopted

Agency: HPD

Effective date: June 27, 2021

Proposed Rule Full Text

Adopted Rule Full Text

Adopted rule summary:

The Mandatory Inclusionary Housing (“MIH”) program requires new housing developments, enlargements, or conversions of more than 10 dwelling units or more than 12,500 square feet of residential floor area constructed in areas designated for MIH in the Zoning Resolution of the City of New York (“Zoning Resolution”) to provide permanently affordable housing to qualified households.
MIH areas are designated through the land use review process as part of zoning actions that increase housing capacity. The MIH program allows developments, enlargements or conversions that increase the number of dwelling units by no more than 25 and increase the residential floor area on the zoning lot by less than 25,000 square feet of residential floor area to instead make a contribution to the Affordable Housing Fund, which is defined in section 23-911 of the Zoning Resolution. The contribution amount must approximate the cost of providing affordable floor area in the community district where the MIH Development is located.
HPD established the methodology for calculating the Affordable Housing Fund contribution amounts and the schedule setting forth those amounts in Section 41-24 of Chapter 41 of Title 28 of the Rules of the City of New York. The Zoning Resolution requires this schedule to be updated annually. In order to enable HPD to perform this ministerial annual schedule update in a more efficient manner, the adopted rule amendment provides that the annual update of the schedule is published on the HPD website rather than in the Rules of the City of New York.
In addition, the rule amendment spells out the methodology for assigning community districts to fee tiers. Because the contribution amounts will no longer be reflected in HPD rules, HPD considers it important that parties affected by the rule understand the methodology HPD uses to complete the annual schedule, including how fee tiers are determined.

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