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What is NYC RCNY § 51-03?

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a. If a Story contains one or more Affordable Housing Units, not less than thirty percent of the dwelling units on such Story shall be Market Units, provided, however, that the Agency may waive such requirement where either (1) the Affordable Housing Units comprise more than fifty percent of the units in an Eligible Mu

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Effective: 10/26/2017Last amended: 2/6/2021

§ 51-03 Distribution Requirements.

RCNY § 51-03

a. If a Story contains one or more Affordable Housing Units, not less than thirty percent of the dwelling units on such Story shall be Market Units, provided, however, that the Agency may waive such requirement where either (1) the Affordable Housing Units comprise more than fifty percent of the units in an Eligible Multiple Dwelling, or (2) there is only one dwelling unit on a Story in an Eligible Multiple Dwelling. b. Every Building Segment in an Eligible Multiple Dwelling in a Rental Project must contain one or more Affordable Housing Units and the same or similar proportion of Affordable Housing Units to Market Units in each Building Segment in such Rental Project. c. All Common Areas in an Eligible Multiple Dwelling in a Rental Project shall be open and accessible to the residents of all of the rental dwelling units in such Eligible Multiple Dwelling, including the residents of any Affordable Housing Units. d. Notwithstanding any inconsistent provision of this chapter, for the purpose of subparagraph (i) of paragraph (g) of the Act and subdivisions (a) through (c) of this section, a Building comprised of two or more Residential Condominium Units constitutes one Eligible Multiple Dwelling. e. The Agency may disapprove any Building configuration that would frustrate the intent and purpose of subparagraph (i) of paragraph (g) of the Act and subdivisions (a) through (c) of this section by segregating Affordable Housing Units or limiting the ability of residents of Affordable Housing Units to access an Eligible Multiple Dwelling's Common Areas. (Added City Record 9/26/2017, eff. 10/26/2017; amended City Record 1/7/2021, eff. 2/6/2021)

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