Applications to and questions for HPD regarding the Inclusionary Housing Program should be directed to the Division of Housing Incentives.

Mandatory Inclusionary Housing, enacted on March 22, 2016, requires a share of new housing in medium- and high-density areas that are rezoned to promote new housing production—whether rezoned as part of a neighborhood plan or a private rezoning application—to be permanently affordable.

Within geographies established as MIH areas, permanently affordable housing set-asides are required for all developments over 10 units or 12,500 zoning square feet, or, for developments between 10 and 25 units (or 12,500 and 25,000 square feet), a payment into an affordable housing fund. MIH requires permanently affordable housing within new residential developments, enlargements, and conversions from non-residential to residential use within mapped MIH areas. Developments, enlargements or conversions that do not exceed either 10 units or 12,500 square feet of residential floor area are exempt from the requirements of MIH. HPD is responsible for the administration of MIH.

The December 5, 2024, City of Yes for Housing Opportunity (COYHO) text amendment to the New York City Zoning Resolution created distinct requirements for projects which vested under the pre-COYHO MIH text and the post-COYHO MIH text. Project development teams should consult with their representatives and counsel as to the governing text specific to their project.

Projects intending to comply with the pre-COYHO zoning text must submit materials dated May 2021, which are available here:

• MIH Fact Sheet
• MIH Online Application
• MIH Paper Application and Checklist
• MIH Architect's Affidavit
• MIH Distribution and Stacking Charts
• Community Board Notification

Projects seeking to comply with COYHO zoning requirements promulgated under ZR § 27-00 must submit application materials dated April 2025 or later, which are available here:

• MIH Fact Sheet (updated April 2025)
• MIH Online Application
• MIH Application and Checklist (updated April 2025)
• MIH Distribution, Stacking Charts & Architect’s Certification (updated April 2025)
• Community Board Notification (updated April 2025)

MIH Development Process

• Applicants must submit a completed Mandatory Inclusionary Housing Application.
• Once an application is complete and approved by HPD, the developer or owner must execute a restrictive declaration approved by HPD, which must be recorded against the property containing the affordable units, as a restriction running with the land.
• Upon execution and recordation of the Restrictive Declaration, HPD will generate a Permit Notice, for delivery to the NYC Department of Buildings (DOB). The Permit Notice will state the amount of affordable floor area in the project and will allow DOB to issue a New Building permit.
• Upon completion of construction of the affordable housing, HPD will issue a Completion Notice to DOB that states the amount of affordable floor area constructed. Thereafter DOB may issue a Certificate of Occupancy for a project.

MIH Fee Payment

• A one-hundred-dollar fee ($100) is required for an Application;
• A separate one-hundred-dollar fee ($100) is required towards obtaining an HPD construction sign;
• A one-thousand, one-hundred dollar ($1,100) filing fee per affordable unit in an Application;
• The total filing fee must be paid upon execution of the restrictive declaration.

Additional MIH Materials

• Income Limits and Maximum Rents
• MIH Fee in Lieu Application
• Affordable Housing Fund Contribution (Fee in Lieu) Schedule FY 24-25

Universal Affordability Preference, enacted on December 5, 2024, allows buildings in all medium and high-density districts outside of Mandatory Inclusionary Housing areas to add at least 20% more housing, provided the additional homes are permanently income-restricted and affordable to households earning an average of 60% of the Area Median Income (AMI). HPD is responsible for the administration of UAP.

UAP Development Process

• Applicants must submit a completed UAP Affordable Housing Application and all information required as stated on the UAP Application Checklist (which is included in the Application).
• Once an application is complete and approved, the developer or owner must execute a restrictive declaration approved by HPD, which must be recorded against the property containing the affordable units, as a restriction running with the land.
• Upon execution and recordation of the Restrictive Declaration, HPD will generate a Permit Notice, for delivery to the NYC Department of Buildings (DOB). The Permit Notice will state the amount of affordable floor area in the project and will allow DOB to issue a New Building permit.
• Upon completion of construction of the affordable housing, HPD will issue a Completion Notice to DOB that states the amount of affordable floor area constructed. Thereafter DOB may issue a Certificate of Occupancy for a project.

UAP Fee Payment

• A one-hundred-dollar fee ($100) is required for an Application;
• A separate one-hundred-dollar fee ($100) is required towards obtaining an HPD construction sign;
• A one-thousand, one-hundred dollar ($1,100) filing fee per affordable unit;
• The total filing fee must be paid upon execution of the restrictive declaration.

Additional UAP Materials

• UAP Fact Sheet
• UAP Stacking Charts & Architect Certification
• UAP Affordable Housing Application and Checklist
• Income Limits and Maximum Rents
• Community Board Notification

Qualifying Residential Sites, enacted on December 5, 2024, requires new buildings in certain low-density residential districts where the maximum permitted floor area exceeds 50,000 square feet to provide permanently affordable housing at a weighted average of 80% AMI. Please check back to this webpage for additional information and materials pursuant to QRS as made available by HPD. Please contact the Inclusionary Housing Program for any questions.

• UPDATE: The COYHO text amendment to the New York City Zoning Resolution included certain updates taking effect as of December 5, 2024. Voluntary Inclusionary Housing is now applicable only to projects which have vested under the pre-COYHO zoning text. A link to such text can be found in the IHP Provisions section below.
• Vested projects are those that:
1. 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
2. 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.
3. 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#
4. 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.
5. 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.
• Projects in former Inclusionary Housing Designated Areas (IHDAs) utilizing zoning text provisions available after the passage of COYHO must apply under the UAP or MIH provisions detailed above.
• In areas where VIH was available prior to December 5, 2024 (R10 Districts, former IHDAs and certain Special Districts), a development may receive a density bonus in return for the new construction, substantial rehabilitation, or preservation of permanently affordable housing.
• The density bonus generated can be utilized to increase residential floor area on-site and/or off-site. Generally speaking, VIH affordable units must be affordable to low-income households earning up to 80% of Area Median Income (AMI) and rents capped at 30% of 80% of AMI. However, in some Special Districts, depending on the district, a density bonus may be granted for moderate and/or middle-income units (125% - 175% AMI).
• All existing certificates and certificates of vested projects issued by the Department of Housing Preservation and Development may continue to be used in accordance with Zoning Resolution Section 23-90.

VIH Development Process

• Applicants must submit a completed Inclusionary Housing Program Affordable Housing Plan Application and Checklist and all information required as stated on the Inclusionary Housing Program Application Checklist (which is included in the application).
• Once an application is complete, based on all necessary review, the developer or owner must enter into a regulatory agreement with HPD. The fully executed regulatory agreement must be recorded against the property containing the affordable units, for as long as the density bonus is in use, as a restriction running with the land.
• Upon full execution of the regulatory agreement, HPD will generate a Permit Notice. The Permit Notice states the amount of affordable floor area that a project will generate and allows DOB to issue a permit to build the additional density created pursuant to VIH.
• Upon completion of the affordable housing construction, HPD will issue certificate(s) that state the amount of affordable floor area generated. Thereafter, DOB may issue a certificate of occupancy for a project using density bonus generated by this affordable floor area.
• A single affordable development may generate a density bonus for multiple Compensated Developments. See Section 23-911 of the pre-December 2024 Zoning Resolution text for a definition of the term Compensated Development.

VIH Fee Payment

• A one-hundred-dollar fee ($100) is required upon submission of an Application;
• A separate one-hundred-dollar fee ($100) is required towards obtaining an HPD construction sign;
• A one-thousand, one-hundred dollar ($1,100) filing fee per affordable unit.
• The total filing fee must be paid upon execution of the regulatory agreement.

Additional VIH Materials

• VIH Fact Sheet
• VIH Architect Affidavit
• Inclusionary Housing Program Affordable Housing Plan Application and Checklist
• Income Limits and Maximum Rents
• VIH Stacking Charts
• Inclusionary Housing Term Sheet: Preservation Projects
• Community Board Notification

If HPD denies a Certificate of No Harassment (CONH) or if a building owner elects to comply with cure provisions in lieu of seeking a CONH (not applicable to SRO buildings located outside an anti-harassment area), the building owner may apply to the Inclusionary Housing Program to cure the record of harassment by entering into a Cure Agreement with HPD.

• Certificate of No Harassment (CONH) - CURE Fact Sheet
• Cure Program Application
• Cure Architect Affidavit
• Cure Closing Checklist
• Cure Unit Summary and Size Chart

Important notice regarding HPD's privately financed affordable senior housing (PFASH) term sheet

Please note that HPD rescinded the privately financed affordable senior housing (PFASH) term sheet on June 30, 2021. Developers who are interested in producing affordable independent residences for seniors should consult other HPD programs, such as Senior Affordable Rental Apartments (SARA).

• Article II Chapter 7 Section 27-10 and Appendix F (Maps of Mandatory Inclusionary Housing Areas and former Inclusionary Housing Designated Areas) of the Zoning Resolution
• Chapter 41 of the Rules of the City of New York
• Article II Chapter 3 Sections 23-154 and 23-90 of the Zoning Resolution prior to December 5, 2024, is available here.

General Resources

• Administering Agents
• NYC Department of City Planning
• DCP Inclusionary Housing Overview

The Inclusionary Housing Sites Map provides information on Inclusionary Housing Program projects to the public. The map allows users to locate IH projects, which are called generating sites under Voluntary Inclusionary Housing , or MIH Sites under Mandatory Inclusionary Housing, and contain permanently affordable apartments. The map also displays the sites that have received affordable floor area compensation from VIH generating sites; these are called compensated developments under VIH.

To see the relationship between a specific VIH generating site and its compensated developments, search using the Query by Generating Project Name function. The map will simultaneously highlight a VIH generating site and its compensated development(s) with a blue box. Projects are often on-site, in which case the generating site and the compensated development are the same building.

Users can also search or query by City Council District (CD) to see all the IH production in the CD, or, for information about a specific project, query by address or by Borough, Block and Lot (BBL). Users can also see the balance of floor area remaining at a generating site just by clicking on the site. The layers tool lets users see information such as the city's zoning districts and community boards. Please note the source of most layers is the NYC Department of City Planning (DCP), not HPD.

The map is updated monthly.