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What is NYC ZR § 27-132?

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This section outlines the conditions under which generating sites remain subject to the Inclusionary Housing Program prior to December 5, 2024. It specifies requirements for new construction and preservation affordable housing applications, as well as provisions for large-scale developments. Applies to building owners involved in affordable housing projects.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 27-132 Affordable housing plans approved prior to December 5, 2024

ZR § 27-132

All terms in this Section shall be as defined by Section 23-911 prior to December 5, 2024.

Any generating site that, as of December 5, 2024, is subject to a regulatory agreement, shall continue to be subject to the Inclusionary Housing Program as set forth in Sections 23-154 and 23-90, as such Sections existed prior to December 5, 2024.

Any generating site for which (i) on or before December 5, 2024, an application for new construction affordable housing has been filed with the Department of Buildings, (ii) on or before December 5, 2025, the Department of Buildings has approved an application for a foundation, a new building or an alteration based on a complete zoning analysis showing zoning compliance for such new construction affordable housing with the applicable rules existing prior to December 5, 2024, and (iii) on or before December 5, 2026, a regulatory agreement has been executed and recorded against such generating site, shall continue to be subject to the Inclusionary Housing Program as set forth in Sections 23-154 and 23-90, as such Sections existed prior to December 5, 2024.

Any generating site for which (i) on or before December 5, 2024, an application for preservation affordable housing has been filed with HPD, and (ii) on or before December 5, 2025, a regulatory agreement for preservation affordable housing has been executed and recorded against such generating site, shall continue to be subject to the Inclusionary Housing Program as set forth in Sections 23-154 and 23-90, as such Sections existed prior to December 5, 2024.

Properties being developed pursuant to a special permit for a large-scale general development or a large-scale residential development pursuant to Article VII, Chapter 4 that has been certified by the City Planning Commission on or before December 5, 2024, and generating sites that generate floor area compensation for a large-scale general development meeting the criteria of this paragraph, may continue to be subject to the provisions of the Inclusionary Housing Program in effect prior to December 5, 2024.

Parcels declared, prior to December 5, 2024, as properties to be developed as a single parcel pursuant to Section 62-362 prior to December 5, 2024 may continue to be subject to the provisions of the Inclusionary Housing Program set forth in Sections 62-352 and 62-354 in effect prior to December 5, 2024.

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