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What is NYC AC § 26-2201?

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This section defines various terms related to affordable housing, including 'affordable housing unit', 'area median income', and different income household categories. The definitions are relevant for understanding regulations and agreements administered by the Department of Housing Preservation and Development. Applies to property operators involved in affordable housing programs.

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§ 26-2201 Definitions.

AC § 26-2201

For the purposes of this chapter, the following terms have the following meanings: Affordable housing unit. The term "affordable housing unit" means a dwelling unit that is (i) required, pursuant to a federal, state or local law, rule or program administered by the city or an agreement with the city or a person acting on the city's behalf, to be affordable for an extremely low income household, a very low income household, a low income household, a moderate income household or a middle income household and (ii) operates pursuant to an agreement administered by the department. Area median income. The term "area median income" means the Income Limits as defined annually by the U.S. Department of Housing and Urban Development (HUD) for the New York, NY HUD Metro FMR Area (HMFA), as established in Section 3 of the Housing Act of 1937, as amended. Department. The term "department" means the department of housing preservation and development. Dwelling unit. The term "dwelling unit" has the meaning ascribed to such term in the housing maintenance code. Expiring affordable housing unit. The term "expiring affordable housing unit" means, with respect to the report required by sections 26-2204 and 26-2205, an affordable housing unit that, without a change in a federal, state or local law, rule or program or an agreement with the city or a person acting on the city's behalf, will cease to be an affordable housing unit in or before the end of the second calendar year that commences after the due date of such report. Extremely low income household. The term "extremely low income household" means a household that has an income of no more than 30 percent of the area median income, adjusted for the size of the household. Extremely low income affordable housing (ELI-AH) unit. The term "extremely low income affordable housing (ELI-AH) unit" means an affordable housing unit that is required to be occupied upon initial occupancy by an extremely low income household. Low income household. The term "low income household" means a household that has an income of more than 50 percent of the area median income but no more than 80 percent of the area median income, adjusted for the size of the household. Low income affordable housing (LI-AH) unit. The term "low income affordable housing (LI-AH) unit" means an affordable housing unit that is required to be occupied upon initial occupancy by a low income household. Moderate income household. The term "moderate income household" means a household that has an income of more than 80 percent of the area median income but no more than 120 percent of the area median income, adjusted for the size of the household. Moderate income affordable housing (MI-AH) unit. The term "moderate income affordable housing (MI-AH) unit" means an affordable housing unit that is required to be occupied upon initial occupancy by a moderate income household. Middle income household. The term "middle income household" means a household that has an income of more than 120 percent of the area median income but no more than 165 percent of the area median income, adjusted for the size of the household. Middle income affordable housing (MIDI-AH) unit. The term "middle income affordable housing (MIDI-AH) unit" means an affordable housing unit that is required to be occupied upon initial occupancy by a middle income household. Very low income household. The term "very low income household" means a household that has an income of more than 30 percent of the area median income but no more than 50 percent of the area median income, adjusted for the size of the household. Very low income affordable housing (VLI-AH) unit. The term "very low income affordable housing (VLI-AH) unit" means an affordable housing unit that is required to be occupied upon initial occupancy by a very low income household. (L.L. 2018/136, 7/29/2018, eff. 7/29/2018)

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