The following definitions shall apply throughout Section 23-90 (INCLUSIONARY HOUSING), inclusive:

Administering agent

An “administering agent” is the entity responsible for ensuring, pursuant to a regulatory agreement, that:

(a)        each subject rental affordable housing unit is rented in compliance with such regulatory agreement at rent-up and upon each subsequent vacancy; or

(b)        each subject homeownership affordable housing unit is owned and occupied in compliance with such regulatory agreement at sale and upon each resale.

Affordable floor area

(a)        Where all of the dwelling units, rooming units and supportive housing units in a generating site or MIH site, other than any super’s unit, are affordable housing units, all of the residential floor area, or community facility floor area for a supportive housing project, in such generating site or MIH site is “affordable floor area.”

(b)        Where one or more of the dwelling units or rooming units in a generating site, other than any super’s unit, are not affordable housing units, the affordable floor area in such generating site is the sum of:

(1)        all of the residential floor area within the perimeter walls of the affordable housing units in such generating site; plus

(2)        a figure determined by multiplying the residential floor area of the eligible common areas in such generating site by a fraction, the numerator of which is all of the residential floor area within the perimeter walls of the affordable housing units in such generating site and the denominator of which is the sum of the residential floor area within the perimeter walls of the affordable housing units in such generating site plus the residential floor area within the perimeter walls of the dwelling units or rooming units in such generating site, other than any super’s unit, that are not affordable housing units.

(c)        Where one or more of the dwelling units or rooming units in an MIH site, other than any super’s unit, are not affordable housing units, the affordable floor area in such MIH site is the sum of:

(1)        all of the residential floor area of the affordable housing units in such MIH site; plus

(2)        a figure determined by multiplying the residential floor area of the eligible common areas in such MIH site by a fraction, the numerator of which is all of the residential floor area of the affordable housing units in such MIH site and the denominator of which is the sum of the residential floor area of the affordable housing units in such MIH site plus the residential floor area of the dwelling units or rooming units in such MIH site, other than any super’s unit, that are not affordable housing units.

Affordable housing

“Affordable housing” consists of:

(a)        affordable housing units; and

(b)        eligible common areas.

Affordable housing fund

With respect to the requirements of paragraph (d)(3)(v) of Section 23-154, the “affordable housing fund” is a fund administered by HPD, all contributions to which shall be used for development, acquisition, rehabilitation, or preservation of affordable housing, or other affordable housing purposes as set forth in the guidelines. Each contribution into such fund shall be reserved for use within the borough in which the MIH development making such contribution is located, and for a minimum of 10 years, shall be reserved for use in the same Community District in which the MIH development making such contribution is located. HPD shall issue a public report on the use of such fund no less frequently than on an annual basis.

Further provisions for the use of such funds may be set forth in the guidelines.

Affordable housing plan

An “affordable housing plan” is a plan approved by HPD to develop, rehabilitate or preserve rental or homeownership affordable housing on a generating site, pursuant to the provisions of Section 23-90, inclusive.

Affordable housing unit

An “affordable housing unit” is:

(a)        a dwelling unit, other than a super’s unit, that is used for class A occupancy as defined in the Multiple Dwelling Law and that is or will be restricted, pursuant to a regulatory agreement, to occupancy by:

(1)        low income households;

(2)        where permitted by paragraph (c) of Section 23-154 (Inclusionary Housing), either low income households or a combination of low income households and moderate income households or middle income households;

(3)        upon resale of homeownership affordable housing units, other eligible buyers, as applicable; or

(4)        qualifying households;

(b)        a rooming unit, other than a super’s unit, that is used for class B occupancy as defined in the Multiple Dwelling Law and that is or will be restricted, pursuant to a regulatory agreement, to occupancy by low income households; or

(c)        a supportive housing unit within a supportive housing project.

Affordable housing units that are restricted to homeownership, as defined in Section 23-913, pursuant to a regulatory agreement, must be dwelling units.

Capital element

“Capital elements” are, with respect to any generating site or MIH site, the electrical, plumbing, heating and ventilation systems in such generating site, any air conditioning system in such generating site and all facades, parapets, roofs, windows, doors, elevators, concrete and masonry in such generating site and any other portions of such generating site or MIH site specified in the guidelines.

Compensated development

In areas other than Mandatory Inclusionary Housing areas, a “compensated development” is a development, an enlargement of more than 50 percent of the floor area of an existing building or, where permitted by the provisions of Section 98-262 (Floor area increase), a conversion of a building, or portion thereof, from non-residential use to dwelling units, that is located within a compensated zoning lot.

Compensated zoning lot

A “compensated zoning lot” is a zoning lot not located in a Mandatory Inclusionary Housing area, that contains a compensated development and receives an increased floor area ratio, pursuant to the provisions of Sections 23-154 and 23-90, inclusive.

Completion notice

A “completion notice” is a notice from HPD to the Department of Buildings stating that the affordable housing in all or a portion of any generating site or MIH site is complete and stating the affordable floor area of such affordable housing.

Eligible common area

In a generating site, “eligible common area” includes any residential floor area that is located within the perimeter walls of a super’s unit, and also includes any residential floor area in such generating site that is not located within the perimeter walls of any other dwelling unit or rooming unit, except any residential floor area for which a user fee is charged to residents of affordable housing units.

In an MIH site, an eligible common area includes any residential floor area that is located within a super’s unit, and any residential floor area in such MIH site that is not located within any other dwelling unit or rooming unit, but shall not include any residential floor area for which a user fee is charged to residents of affordable housing units.

Floor area compensation

“Floor area compensation” is any additional residential floor area permitted in a compensated development, pursuant to the provisions of Sections 23-154 and 23-90, inclusive.

Generating site

A “generating site” is a building or building segment containing either residential affordable floor area or a supportive housing project, which generates floor area compensation. Non-residential floor area on a generating site, other than a supportive housing project, may not generate floor area compensation.

A generating site may also be an MIH site, provided that no floor area that satisfies the requirements of paragraphs (d)(3)(i) through (d)(3)(iv) or (d)(5) of Section 23-154 (Inclusionary Housing) may also generate floor area compensation.

Grandfathered tenant

A “grandfathered tenant” is any household that:

(a)        occupied an affordable housing unit in preservation affordable housing or substantial rehabilitation affordable housing on the regulatory agreement date, pursuant to a lease, occupancy agreement or statutory tenancy under which one or more members of such household was a primary tenant of such affordable housing unit; and

(b)        has not been certified by the administering agent to have an annual income below the low income limit, moderate income limit or middle income limit, as applicable to such affordable housing unit; or

(c)        in homeownership preservation affordable housing or homeownership substantial rehabilitation affordable housing, has been certified by the administering agent to have an annual income below the low income limit, moderate income limit or middle income limit, as applicable to such affordable housing unit, but has elected not to purchase such affordable housing unit.

In Mandatory Inclusionary Housing areas, grandfathered tenants may include tenants of buildings on an MIH site that have been or will be demolished, as set forth in the guidelines.

Guidelines

The “guidelines” are the guidelines adopted by HPD, pursuant to paragraph (k) of Section 23-96 (Requirements for Generating Sites or MIH Sites).

Household

Prior to initial occupancy of an affordable housing unit, a “household” is, collectively, all of the persons intending to occupy such affordable housing unit at initial occupancy. After initial occupancy of an affordable housing unit, a household is, collectively, all of the persons occupying such affordable housing unit.

HPD

“HPD” is the Department of Housing Preservation and Development or its successor agency or designee, acting by or through its Commissioner or his or her designee.

Income band

An “income band” is a percentage of the income index that is the maximum income for a qualifying household at initial occupancy of an affordable housing unit. Income bands shall all be multiples of 10 percent of the income index, except for an income band at 135 percent of the income index provided pursuant to paragraph (d)(3)(iv) of Section 23-154 (Inclusionary Housing).

Income index

The “income index” is 200 percent of the Very Low-Income Limit established by the U.S. Department of Housing and Urban Development (HUD) for Multifamily Tax Subsidy Projects (MTSPs) in accordance with Internal Revenue Code Sections 42 and 142, as amended by Section 3009(a) of the Housing and Economic Recovery Act of 2008, as adjusted for household size. HPD shall adjust such figure for the number of persons in a household in accordance with such methodology as may be specified by HUD or in the guidelines. HPD may round such figure to the nearest 50 dollars or in accordance with such methodology as may be specified by HUD or in the guidelines. If HUD ceases to establish, or changes the standards or methodology for the establishment of, such income limit for MTSPs or ceases to establish the methodology for adjusting such figure for household size, the standards and methodology for establishment of the income index shall be specified in the guidelines.

Initial occupancy

“Initial occupancy” is:

(a)        in rental affordable housing, the first date upon which a particular household occupies a particular affordable housing unit as a tenant, and shall not refer to any subsequent renewal lease of the same affordable housing unit to the same tenant household; or

(b)        in homeownership affordable housing, the first date upon which a particular household occupies a particular affordable housing unit as a homeowner.

For any household occupying an affordable housing unit of preservation affordable housing or substantial rehabilitation affordable housing on the regulatory agreement date, initial occupancy is the regulatory agreement date.

Low income floor area

The “low income floor area" is the affordable floor area that is provided for low income households or, upon resale as defined in Section 23-913, for eligible buyers.

Low income household

A “low income household” is a household having an income less than or equal to the low income limit at initial occupancy, except that, with regard to low income floor area within preservation affordable housing or substantial rehabilitation affordable housing, a grandfathered tenant shall also be a low income household.

Low income limit

The “low income limit” is 80 percent of the income index.

Middle income floor area

The “middle income floor area” is the affordable floor area that is provided for middle income households or, upon resale as defined in Section 23-913, for eligible buyers.

Middle income household

A “middle income household” is a household having an income greater than the moderate income limit and less than or equal to the middle income limit at initial occupancy, except that, with regard to middle income floor area within substantial rehabilitation affordable housing, a grandfathered tenant shall also be a middle income household.

Middle income limit

The “middle income limit” is 175 percent of the income index.

MIH application

An “MIH application” is an application submitted to HPD that specifies how affordable housing will be provided on an MIH site, in compliance with the provisions of Section 23-90 (INCLUSIONARY HOUSING), inclusive.

MIH development

An “MIH development” is a development, enlargement or conversion that complies with the provisions of paragraphs (d)(3)(i) through (d)(3)(v) or (d)(5) of Section 23-154 (Inclusionary Housing), or provides affordable housing or a contribution to the affordable housing fund pursuant to such provisions as modified by special permit of the Board of Standards and Appeals pursuant to Section 73-624 (Reduction or modification of Mandatory Inclusionary Housing requirements).

MIH site

An “MIH site” is a building containing affordable floor area that satisfies either the special floor area provisions for zoning lots in Mandatory Inclusionary Housing areas in paragraphs (d)(3)(i) through (d)(3)(iv) and (d)(5), as applicable, of Section 23-154 (Inclusionary Housing) for an MIH development in a Mandatory Inclusionary Housing area, or such provisions as modified by special permit of the Board of Standards and Appeals pursuant to Section 73-624 (Reduction or modification of Mandatory Inclusionary Housing requirements).

An MIH site may also be a generating site, provided that no floor area that satisfies the requirements of paragraphs (d)(3)(i) through (d)(3)(iv) or (d)(5) of Section 23-154 may also generate floor area compensation.

MIH zoning lot

An “MIH zoning lot” is a zoning lot that contains an MIH development.

Moderate income floor area

The “moderate income floor area” is the affordable floor area that is provided for moderate income households or, upon resale as defined in Section 23-913, for eligible buyers.

Moderate income household

A “moderate income household” is a household having an income greater than the low income limit and less than or equal to the moderate income limit at initial occupancy, except that, with regard to moderate income floor area within substantial rehabilitation affordable housing, a grandfathered tenant shall also be a moderate income household.

Moderate income limit

The “moderate income limit” is 125 percent of the income index.

New construction affordable housing

“New construction affordable housing” is affordable housing that:

(a)        is located in a building or portion thereof that did not exist on a date which is 36 months prior to the regulatory agreement date;

(b)        is located in floor area for which the Department of Buildings first issued a temporary or permanent certificate of occupancy on or after the regulatory agreement date; and

(c)        complies with such additional criteria as may be specified by HPD in the guidelines.

Permit notice

For compensated developments, a “permit notice” is a notice from HPD to the Department of Buildings stating that building permits may be issued to utilize floor area compensation from all or a portion of the affordable floor area on a generating site. Any permit notice shall:

(a)        state the amount of low income floor area, moderate income floor area or middle income floor area attributable to such generating site;

(b)        state whether the affordable housing comprising such low income floor area, moderate income floor area or middle income floor area is new construction affordable housing, substantial rehabilitation affordable housing or preservation affordable housing;

(c)        state whether the affordable housing comprising such low income floor area, moderate income floor area or middle income floor area has utilized public funding; and

(d)        specify the amount of such affordable housing that the compensated development may utilize to generate floor area compensation.

For MIH developments, a permit notice is a notice from HPD to the Department of Buildings stating that building permits may be issued for any development, enlargement or conversion subject to the special floor area requirements of paragraph (d) of Section 23-154 (Inclusionary Housing), or any modification of such provisions by special permit of the Board of Standards and Appeals pursuant to Section 73-624 (Reduction or modification of Mandatory Inclusionary Housing requirements). Such permit notice shall state the amount of affordable floor area provided on an MIH site or the amount of floor area for which a contribution to the affordable housing fund has been made.

Preservation affordable housing

“Preservation affordable housing” is affordable housing that:

(a)        is a generating site that existed and was legally permitted to be occupied on the regulatory agreement date, except as permitted in the guidelines; and

(b)        complies with the provisions of Section 23-961, paragraph (e)(Special requirements for rental preservation affordable housing) or Section 23-962, paragraph (f)(Special requirements for homeownership preservation affordable housing), as applicable.

Public funding

“Public funding” is any grant, loan or subsidy from any Federal, State or local agency or instrumentality, including, but not limited to, the disposition of real property for less than market value, purchase money financing, construction financing, permanent financing, the utilization of bond proceeds and allocations of low income housing tax credits. Public funding shall not include the receipt of rent subsidies pursuant to Section 8 of the United States Housing Act of 1937, as amended, or an exemption or abatement of real property taxes pursuant to Section 420-a, Section 420-c, Section 421-a, Section 422, Section 488-a or Section 489 of the Real Property Tax Law, Article XI of the Private Housing Finance Law or such other programs of full or partial exemption from or abatement of real property taxation as may be specified in the guidelines.

Qualifying household

A “qualifying household” is a low income household, moderate income household or middle income household that satisfies the applicable income band requirements of paragraphs (d)(3)(i) through (d)(3)(iv) or (d)(5) of Section 23-154 (Inclusionary Housing) or as provided by special permit of the Board of Standards and Appeals pursuant to Section 73-624 (Reduction or modification of Mandatory Inclusionary Housing requirements).

Regulatory agreement

A “regulatory agreement” is an agreement between HPD and the owner of the affordable housing or, for MIH sites, a restrictive declaration or other document as provided in the guidelines, that requires compliance with all applicable provisions of an affordable housing plan or MIH application, Section 23-90, inclusive, other applicable provisions of this Resolution and the guidelines.

Regulatory agreement date

The “regulatory agreement date” is, with respect to any affordable housing, the date of execution of the applicable regulatory agreement. If a regulatory agreement is amended at any time, the regulatory agreement date is the original date of execution of such regulatory agreement, without regard to the date of any amendment.

Regulatory period

The “regulatory period” is, with respect to any generating site, the entire period of time during which any floor area compensation generated by the affordable floor area on such generating site is the subject of a permit, temporary certificate of occupancy or permanent certificate of occupancy issued by the Department of Buildings, or is otherwise under construction or in use in a compensated development.

With respect to any MIH site, the regulatory period is the entire period of time during which affordable floor area on such MIH site satisfies the requirements of the special floor area provisions for zoning lots in Mandatory Inclusionary Housing areas in paragraph (d) of Section 23-154 (Inclusionary Housing) for an MIH development or any modification of such provisions by special permit of the Board of Standards and Appeals pursuant to Section 73-624 (Reduction or modification of Mandatory Inclusionary Housing requirements), is the subject of a permit, temporary certificate of occupancy or permanent certificate of occupancy issued by the Department of Buildings, or is otherwise under construction or in use.

Substantial rehabilitation affordable housing

“Substantial rehabilitation affordable housing” is affordable housing that:

(a)        is a generating site that existed on the regulatory agreement date; and

(b)        complies with the provisions of Section 23-961, paragraph (f) (Special requirements for rental substantial rehabilitation affordable housing), or Section 23-962, paragraph (g) (Special requirements for homeownership substantial rehabilitation affordable housing), as applicable.

Super’s unit

A “super’s unit” is, in any generating site or MIH site, not more than one dwelling unit or rooming unit that is reserved for occupancy by the superintendent of such building.