§ 27-14 Methods of Providing Affordable Housing
ZR § 27-14
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.
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.
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.
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.
Affordable housing units shall be either rental affordable housing or homeownership affordable housing.
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: 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 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. 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.
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
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.
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.
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).
