Mandatory Inclusionary Housing

Mandatory Inclusionary Housing (MIH), enacted in March 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 city neighborhood plan or a private rezoning application—to be permanently affordable.

Within geographies established as MIH areas, the text amendment requires permanently affordable housing set-asides for all developments over 10 units or 12,500 zoning square feet, or, as an additional option 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 subsequently 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 the program. HPD is responsible for the administration of MIH Program.

MIH Development Process

  • Applicants must submit a completed Mandatory Inclusionary Housing Application ("Application").
  • Once an Application is complete and approved, the developer or owner will sign a Restrictive Declaration, 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 (or proof that the document was submitted to the Office of the City Register for recordation), 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 the affordable housing, HPD will issue a Completion Notice to DOB that states the amount affordable floor area constructed. Thereafter DOB may issue a Certificate of Occupancy for a project.

MIH Fee Payment

Please see the Mandatory Inclusionary Housing Application checklist.

Announcement of a Hearing

Hearing on Rule on Fee Payment In Lieu of Providing Affordable Housing

Additional Materials