The Inclusionary Housing Program (IHP) is designed to preserve and promote affordable housing within neighborhoods where zoning has been modified to encourage new development. The Division of Inclusionary Housing administers the following programs:
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Voluntary Inclusionary Housing
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.
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.
Please see the Mandatory Inclusionary Housing Application checklist.
IMPORTANT NOTICE REGARDING THE RESCISSION OF HPD’S PRIVATELY FINANCED AFFORDABLE SENIOR HOUSING (“PFASH”) TERM SHEET
PLEASE NOTE THAT HPD WILL BE RESCINDING THE PRIVATELY FINANCED AFFORDABLE SENIOR HOUSING (“PFASH”) TERM SHEET. SINCE THE PFASH TERM SHEET WAS FIRST RELEASED IN JULY 2019, HPD HAS DETERMINED THAT THIS TERM SHEET IS NOT COMPATIBLE WITH OTHER AGENCY PRIORITIES, INCLUDING ENSURING THAT PRIVATELY FINANCED AFFORDABLE HOMES PRODUCED THROUGH THE MANDATORY INCLUSIONARY HOUSING (MIH) PROGRAM ARE OPEN TO ALL INCOME-ELIGIBLE NEW YORKERS.
IN ORDER FOR A PROJECT TO UTILIZE THE PFASH TERM SHEET BEFORE IT IS RESCINDED, ALL OF THE FOLLOWING MUST OCCUR:
(1) THE PROJECT’S DEVELOPER MUST SUBMIT TO HPD BY NO LATER THAN MARCH 30, 2021, BOTH (A) DRAWINGS AND SUPPORTING DOCUMENTS, AS STIPULATED IN THE HPD BLDS NEW CONSTRUCTION DESIGN REVIEW SUBMISSION CHECKLIST, THAT ARE DEVELOPED TO A LEVEL CONSISTENT WITH THAT OF A DOB PLAN REVIEW SUBMISSION, AND (B) APPLICATION FOR THE CONSTRUCTION OF AFFORDABLE INDEPENDENT RESIDENCES FOR SENIORS (“AIRS”); AND
(2) THE PROJECT’S PFASH CLOSING AND EXECUTION OF AN AFFORDABLE HOUSING REGULATORY AGREEMENT MUST OCCUR NO LATER THAN JUNE 30, 2021.
THERE WILL BE NO EXTENSIONS OF EITHER DEADLINE
DEVELOPERS WHO ARE INTERESTED IN PRODUCING AIRS AFTER JUNE 30, 2021, SHOULD CONSULT OTHER HPD PROGRAMS, SUCH AS SENIOR AFFORDABLE RENTAL APARTMENTS (“SARA”)
The Inclusionary Housing Program administers the Privately Financed Affordable Senior Housing (PFASH) program to facilitate Affordable Independent Residences for Seniors (AIRS) in privately-financed developments throughout the City. AIRS enables zoning allowances permitted under the NYC Zoning Resolution to encourage the creation of affordable housing for households with seniors 62 years of age or older.
The Inclusionary Housing Sites Map provides information on Inclusionary Housing (IH) projects to the public. The map allows users to locate IH projects, which are called generating sites in the Voluntary Inclusionary Housing (VIH) program, or MIH Sites in the Mandatory Inclusionary Housing (MIH) program, and contain permanently affordable IH apartments. The map also displays the sites that have received IH floor area compensation from VIH generating sites; these are called compensated developments in the VIH program.
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. If you believe there is an error on the map, please email firstname.lastname@example.org.
This Program Overview contains general information about the Inclusionary Housing Program adopted in the New York City Zoning Resolution (Zoning Resolution) and the Inclusionary Housing Program Guidelines (Guidelines) and is not intended to provide legal advice or to be relied on in any way by any persons or entity. It is important to rely only upon the actual text of the Zoning Resolution and the Guidelines and to consult with an attorney as to their meaning.