On March 22, 2016, the City Council approved the Mandatory Inclusionary Housing text amendment with modifications, including:
***All references to income and AMI are from 2016, when New York City adopted Mandatory Inclusionary Housing (MIH). For the latest area median incomes, please see https://www1.nyc.gov/site/hpd/renters/area-median-income.page.
View a one-page summary of the MIH program as adopted in English or Spanish.
View the zoning text amendment as adopted by the City Council.
As a key initiative of Mayor de Blasio’s housing plan, Housing New York, the Department of City Planning is launching a Mandatory Inclusionary Housing program that will require through zoning actions a share of new housing to be permanently affordable. Developed in close consultation with the Department of Housing Preservation and Development and informed by extensive policy and financial feasibility analysis, this program marks a new approach to ensuring neighborhood economic diversity as we plan for growth.
View the policy study conducted by the Department
View the financial feasibility assessment
The requirement will work together with City housing subsidies and other incentives, and future zoning changes. NYC’s Mandatory Inclusionary Housing is the most rigorous zoning requirement for affordable housing of any major U.S. city.
Affordable housing would be mandatory, not voluntary. Production of affordable housing becomes a condition of residential development when developers build in an area zoned for Mandatory Inclusionary Housing, whether rezoned as part of a City neighborhood plan or a private rezoning application.
Affordable housing would be permanent. There is no expiration to the affordability requirement of apartments generated through Mandatory Inclusionary Housing, making them a long-term, stable reservoir of affordable housing.
Levels of Affordability
Mandatory Inclusionary Housing will result in more affordable housing for a wider range of New Yorkers, all of it required as a condition to build housing on the land. It is responsive to neighborhood needs, with a set of income mix options that the City Planning Commission and Council can work together to apply within each rezoned area through the land use process.
Under the proposal, the City Planning Commission and ultimately the City Council would apply one or both of these two requirements to each Mandatory Inclusionary Housing area:
25% of residential floor area must be for affordable housing units for residents with incomes averaging 60% AMI ($46,620 per year for a family of three), or
30% of residential floor area must be for affordable housing units for residents with incomes averaging 80% AMI ($62,150 per year for a family of three)
*In addition to one or both of the options above, the City Council and the City Planning Commission could decide to apply one or both of the following options:
Deep Affordability Option
Mandatory Inclusionary Housing represents the floor, not the ceiling, of affordability that would ultimately be achieved in new development. In City-initiated neighborhood rezonings, each area will be evaluated to determine the role that HPD programs could play in broadening and deepening affordability, in addition to new City capital investments in services, facilities and infrastructure to support smart growth.
This zoning text amendment was reviewed through the City’s full public land use review process.
|Beginning of Public Review
|September 21, 2015
|Community Board Review
|Borough President and Borough Board Review
|City Planning Commission Review
|City Planning Commission Hearing
|December 16, 2015
|City Planning Commission Vote - View the CPC Report
|February 3, 2016
|City Council Vote
|March 22, 2016
Every land use action to apply Mandatory Inclusionary Housing to a specific area would also go through a full public land-use review process, with final approval resting with the City Council.