In areas where the Voluntary Inclusionary Housing (VIH) Program, enacted in 1987, is applicable (R-10 Districts, IH Designated Areas and 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. An on-site project is one where the density bonus is located in the same building as the affordable units that generate the bonus. An off-site project is one where the density bonus is not located in the same building as the affordable units that generate the bonus. For off-site projects, the density bonus must be located on a zoning lot either: 1) within the same Community District as the zoning lot containing the affordable units, or 2) within an adjacent Community District and within ½ mile from the zoning lot that contains the affordable units.
In R10 Districts, the amount of density bonus that a project produces varies by type of construction (new construction, substantial rehabilitation and preservation) and funding source (public vs. private financing). While in IH Designated areas and Special Districts, density ratios are the same regardless of type and funding source. Generally speaking, Inclusionary 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).
The total filing fee must be paid upon execution of the regulatory agreement.