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|  Inclusionary Housing Program Overview Please note: The following incentive program is for developers and future or current property owners. If you are looking for an affordable apartment, please visit our Affordable Housing Hotline. Additionally, HPD's partners are required to advertise available affordable apartments in daily and local newspapers. Inclusionary Housing Program Overview The following provides a general outline of the Inclusionary Housing Program and variations by zoning district listed. The Inclusionary Housing Program provides additional floor area for multiple dwelling developments in return for new construction, substantial rehabilitation, or preservation of permanently affordable housing. The Program is designed to preserve and promote affordable housing within neighborhoods where zoning changes encourage new development. Floor Area Compensation (FAC) Developments providing affordable housing are eligible to develop additional floor area, within height and bulk regulations tailored specifically to each district. Affordable units can be provided in two ways:
Eligible Applicants Owners of existing affordable units or developers of sites to be built as affordable must apply for a Regulatory Agreement with the Department of Housing Preservation and Development (HPD). Owners of market-rate developments wishing to purchase FACs from an off-site development must contact affordable housing developers directly to discuss the terms of their Inclusionary Housing relationship. Development Process Applicants must submit the information indicated on the Affordable Housing (Plan) application to HPD, and send a copy of the application to the local Community Board. Upon HPD approval of the application, based on all necessary reviews, the developer or owner will enter into a regulatory agreement with HPD that will ensure affordability in perpetuity. If the FAC is being used on-site, HPD will inform DOB that applicant is entitled to a building permit for the additional FAC. If the FAC is being used off-site, HPD will inform DOB that the FAC purchaser is entitled to a building permit for the additional FAC. The building generating the FAC must be marketed in accordance with HPD marketing guidelines under HPD supervision. Upon completion of the affordable housing, HPD will issue certificates for the amount of qualifying affordable floor area; thereafter the Department of Buildings may issue a certificate of occupancy for each development using the FAC based on this affordable floor area. A single affordable development may generate FAC for multiple compensated developments. A one hundred dollar ($100) deposit is required at the time of filing of the Plan, to be applied toward the following filing fee: one thousand dollars ($1000) per affordable unit to be created for the first fifty (50) units and five hundred dollars ($500) for each additional affordable unit. The total fee must be paid prior to execution of the Regulatory Agreement. Inclusionary Housing Text Amendment Changes An amendment to the program, aimed at increasing the range of options to produce affordable housing and improving implementation, was adopted by the New York City Council on July 29, 2009. The zoning text amendment adopted by the City Council is available at the New York Department of City Planning Inclusionary Webpage. The zoning text amendment allows for the following programmatic changes:
The amendment does not change the areas in which the Inclusionary Housing program applies, or the basic parameters of the program. The Inclusionary Homeownership Option The affordable homeownership option fosters the creation of permanently affordable homeownership units in neighborhoods across the city where the Inclusionary Housing Program applies through new construction, substantial rehabilitation and/or preservation. The components of the affordable homeownership option include the following:
This page contains general information about changes to the Inclusionary Housing Program adopted in the New York City Zoning Resolution (the "Zoning Resolution") and is not intended to provide legal advice or to be relied upon in any way by any person or entity. It is important to rely only upon the actual text of the Zoning Resolution and to consult with an attorney as to its meaning.
Additional Materials Inclusionary
Housing Text Amendment – Frequently Asked Questions
(PDF) DCP Inclusionary Housing Overview Zoning Districts 125th
Street Zoning District For More information contact: Anthony Cortese More Info: NYC Department of City Planning NYC Housing Development Corporation Division of Housing & Community Renewal | |
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