23-94 Methods of Providing Affordable Housing

(a)        Except for MIH developments, affordable housing shall be either new construction affordable housing, substantial rehabilitation affordable housing or preservation affordable housing. For MIH developments, affordable housing shall be either new construction affordable housing or a conversion from non-residential to residential use. Such conversions shall comply with the requirements of Section 23-90, inclusive, applicable to new construction affordable housing.

(b)        When determining whether affordable housing is new construction affordable housing, substantial rehabilitation affordable housing or preservation affordable housing in order to calculate floor area compensation, or when making a determination of which building or building segment constitutes a generating site, HPD may separately consider each building or building segment on a zoning lot. Where any such building consists of two or more contiguous sections separated by walls or other barriers, HPD may consider all relevant facts and circumstances when determining whether to consider the sections of such building separately or collectively, including, but not limited to, whether such sections share systems, utilities, entrances, common areas or other common elements and whether such sections have separate deeds, ownership, tax lots, certificates of occupancy, independent entrances, independent addresses or other evidence of independent functional use.

(c)        The amount of affordable floor area in any generating site or MIH site shall be determined based upon plans for such generating site or MIH site which have been approved by the Department of Buildings and which indicate thereon the amount of floor area devoted to affordable housing and the amount of floor area devoted to other residential uses. However, for generating sites where the Department of Buildings does not require floor area calculations, the amount of affordable floor area shall be determined by methods specified in the guidelines.

(d)        The amount of low income, moderate income and middle income floor area in a generating site and the amount of qualifying floor area for any income band in an MIH site shall be determined by the same method as the calculation of affordable floor area.

(e)        Affordable housing units shall be either rental affordable housing or homeownership affordable housing.

(f)        An MIH site that is part of an MIH zoning lot and contains no dwelling units other than affordable housing units shall be either a building that:

(1)        shares a common street entrance with another building on the zoning lot that contains dwelling units other than affordable housing units ; or

(2)        is independent, from grade at the street wall line to the sky, of any other building on the zoning lot containing dwelling units other than affordable housing units. Such building shall have its primary entrance on a street frontage that has primary entrances for other residential buildings, except where HPD determines that the primary entrance is located in a manner that does not stigmatize occupants of affordable housing units.