Zoning Resolution Article II Chapter 3 (sections 23-90 to 23-96) and Mandatory Inclusionary Housing under section 23-154(d) grant up to 33 percent floor-area bonuses in designated R10 and rezoned MIH areas in exchange for permanently affordable units.
Two density-bonus programs run side by side. Voluntary Inclusionary Housing under ZR section 23-90 allows R10 and certain C6 districts to add up to 33 percent FAR if the developer creates or preserves permanently affordable units. Mandatory Inclusionary Housing, adopted in 2016 under ZR section 23-154(d), requires 20 to 30 percent affordability in any rezoning that increases residential capacity. HPD oversees affordable-unit regulatory agreements for at least 60 years. Other bonuses exist for senior housing under ZR section 23-15, transit-station improvements (ZR section 66-50), and plazas (ZR section 37-70).
Mis-claimed density bonuses void the certificate of occupancy and trigger DOB stop-work orders. Failure to maintain affordability covenants under HPD regulatory agreements exposes owners to property-tax exemption clawbacks and Admin Code section 26-1102 housing-violation penalties.
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