Affordable housing in a generating site or MIH site shall meet each of the requirements set forth in this Section for the entire regulatory period.

(a)        Location of generating site or MIH site and compensated zoning lot or MIH zoning lot

Where a generating site or MIH site is not located within the compensated zoning lot for which it generates floor area compensation or the MIH zoning lot, as applicable:

(1)        the generating site or MIH site and the compensated zoning lot or MIH zoning lot, as applicable, shall be located within the same Community District; or

(2)        the generating site or MIH site and the compensated zoning lot or MIH zoning lot, as applicable, shall be located in adjacent community districts and within one-half mile of each other, measured from the perimeter of each zoning lot.

However, special rules for the location of a generating site and a compensated zoning lot apply in Community District 1, Borough of Brooklyn, where the provisions of paragraph (a)(2) of this Section shall apply only to adjacent community districts located in the Borough of Brooklyn; in the Special Clinton District, pursuant to the provisions of Section 96-21 (Special Regulations for 42nd Street Perimeter Area); in the Special Downtown Jamaica District, pursuant to the provisions of Section 115-211 (Special Inclusionary Housing regulations); and in the Special Southern Hunters Point District, pursuant to the provisions of Section 125-22 (Newtown Creek Subdistrict).

(b)        Distribution of affordable housing units

In new construction affordable housing or substantial rehabilitation affordable housing, 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 :

(1)        the affordable housing units shall be distributed on not less than 65 percent of the residential stories of such generating site or, if there are insufficient affordable housing units to comply with this requirement, the distribution of affordable housing units shall be as specified in the guidelines; and

(2)        not more than one-third of the dwelling units and rooming units on any story of such generating site shall be affordable housing units, unless not less than one-third of the dwelling units and rooming units on each residential story of such generating site are affordable housing units. However, on a residential story with fewer than three dwelling units or rooming units, only one dwelling unit or rooming unit may be an affordable housing unit, unless not less than one dwelling unit or rooming unit on each floor is an affordable housing unit.

In an MIH site, where one or more of the dwelling units or rooming units, other than any super's unit, are not affordable housing units, the affordable housing units shall share a common primary entrance with the other dwelling units or rooming units.

In addition, except where all affordable housing units are rental affordable housing and all other dwelling units are homeownership housing, any affordable housing units other than supportive housing units or affordable independent residences for seniors shall be distributed on at least 65 percent of the residential stories of such MIH site or, if there are insufficient affordable housing units to comply with this requirement, the distribution of affordable housing units shall be as specified in the guidelines.

However, HPD may waive such distribution requirements for any new construction affordable housing that is participating in a Federal, State or local program where such generating site or MIH site cannot comply with both the regulations of such Federal, State or local program and those of this Section. In addition, HPD may waive these requirements for substantial rehabilitation affordable housing, or for affordable floor area created in an MIH site through enlargement, as specified in the guidelines.

(c)        Bedroom mix of affordable housing units

(1)        In new construction affordable housing and substantial rehabilitation affordable housing, where one or more of the dwelling units in a generating site or MIH site, other than any super’s unit, are not affordable housing units, either:

(i)        the dwelling units in the generating site or MIH site that are affordable housing units shall contain a bedroom mix at least proportional to the bedroom mix of the dwelling units in the generating site, other than any super’s unit, that are not affordable housing units; or

(ii)        not less than 50 percent of the dwelling units in the generating site or MIH site that are affordable housing units shall contain two or more bedrooms and not less than 75 percent of the dwelling units in the generating site or MIH site that are affordable housing units shall contain one or more bedrooms.

However, such bedroom mix requirements shall not apply to affordable independent residences for seniors in an MIH site. HPD may also waive such bedroom mix requirements for any new construction affordable housing that either is participating in a Federal, State or local program where such generating site or MIH site cannot comply with both the regulations of such Federal, State or local program and those of this Section, or is located on an interior lot or through lot with less than 50 feet of frontage along any street. In addition, HPD may waive these requirements for substantial rehabilitation affordable housing or affordable floor area created in an MIH site through enlargement, as specified in the guidelines.

(2)        Where all of the dwelling units in a generating site or MIH site, other than any super's unit, in new construction affordable housing and substantial rehabilitation affordable housing are affordable housing units, not less than 50 percent of such affordable housing units shall contain two or more bedrooms and not less than 75 percent of such affordable housing units shall contain one or more bedrooms. However, such bedroom mix requirements shall not apply to affordable independent residences for seniors in an MIH site. HPD may also waive these requirements for any affordable housing that is participating in a Federal, State or local program where such generating site or MIH site cannot comply with both the regulations of such Federal, State or local program and those of this Section. In addition, HPD may waive these requirements for substantial rehabilitation affordable housing or affordable floor area created in an MIH site through enlargement, as specified in the guidelines.

(3)        All of the supportive housing units in a generating site or MIH site shall be affordable housing units and shall contain such configuration as HPD shall require.

(4)        For purposes of this paragraph, (c), inclusive, fractions equal to or greater than one-half resulting from any calculation shall be considered to be one dwelling unit.

(d)        Size of affordable housing units

(1)        In new construction affordable housing and substantial rehabilitation affordable housing, an affordable housing unit in a generating site shall contain not less than:

(i)        400 square feet of floor area within the perimeter walls for a zero bedroom dwelling unit; or

(ii)        575 square feet of floor area within the perimeter walls for a one bedroom dwelling unit; or

(iii)        775 square feet of floor area within the perimeter walls for a two bedroom dwelling unit; or

(iv)        950 square feet of floor area within the perimeter walls for a three bedroom dwelling unit.

For an MIH site, the average size of affordable housing units of a particular bedroom count shall be not less than either the average size of dwelling units that are not affordable housing units with the same number of bedrooms, or the minimum size specified above for a dwelling unit of a particular bedroom count, whichever is less.

However, these unit size requirements shall not apply to affordable independent residences for seniors in an MIH site. HPD may also waive such unit size requirements for any new construction affordable housing that is participating in a Federal, State or local program where such generating site cannot comply with both the regulations of such Federal, State or local program and those of this Section. In addition, HPD may waive these requirements for substantial rehabilitation affordable housing or affordable floor area created in an MIH site through enlargement, as specified in the guidelines.

For an MIH site, HPD may specify the method of measuring floor area within affordable housing units in the guidelines, compliant with Department of Buildings practice; and

(2)        Where all of the dwelling units in a generating site or MIH site, other than any super’s unit, in new construction or substantial rehabilitation affordable housing are affordable housing units, HPD may waive such square footage requirements for any affordable housing unit that is participating in a Federal, State or local program where such generating site or MIH site cannot comply with both the regulations of such Federal, State or local program and those of this Section. In addition, HPD may waive such square footage requirements for substantial rehabilitation affordable housing or affordable floor area created in an MIH site through enlargement, as specified in the guidelines.

(3)        Supportive housing units shall comply with the size requirements specified by HPD.

(e)        Administering agent

(1)        HPD shall approve each administering agent and may revoke such approval at any time before or during the regulatory period.

(2)        For generating sites, an administering agent shall be a not-for-profit entity and shall not be, or be an affiliate of, an owner or managing agent of the generating site, unless HPD approves such owner, managing agent or affiliate to serve as the administering agent upon a determination that either:

(i)        the affordable housing is participating in a Federal, State or local program that provides adequate independent means of ensuring compliance with the regulatory agreement; or

(ii)        the owner and any such managing agent or affiliate are not-for-profit entities and there are adequate safeguards to ensure that such entities comply with the regulatory agreement.

(3)        For MIH sites, the administering agent may be selected as provided for generating sites, or HPD may require that the administering agent be selected from a list of qualified not-for-profit or public entities as specified in the guidelines.

(4)        For a period of time specified in the guidelines, the administering agent shall maintain all records setting forth the facts that form the basis of any affidavit submitted to HPD. The administering agent shall maintain such records, and such other records as HPD may require, at the offices of the administering agent or at such other location as may be approved by HPD. The administering agent shall make such records, and all facets of the operations of the administering agent, available for inspection and audit by HPD upon request.

(f)        Regulatory agreement

The following provisions shall apply to generating sites :

(1)        the regulatory agreement shall require compliance with and shall incorporate by reference the affordable housing plan and the applicable provisions of this Zoning Resolution and the guidelines and shall contain such additional terms and conditions as HPD deems necessary;

(2)        the regulatory agreement shall require that HPD be provided with documentation indicating the amount of affordable floor area. For new construction affordable housing or substantial rehabilitation affordable housing, such documentation shall include, but shall not be limited to, plans meeting the requirements of paragraph (c) of Section 23-94;

(3)        the regulatory agreement shall be recorded against all tax lots comprising the portion of the zoning lot within which the generating site is located and shall set forth the obligations, running with such tax lots, of the owner and all successors in interest to provide affordable housing in accordance with the affordable housing plan for the entire regulatory period;

(4)        affordable housing may serve to secure debt with the prior approval of HPD. Any lien securing such debt shall be subordinated to the regulatory agreement;

(5)        the regulatory agreement may, but shall not be required to, provide that such regulatory agreement may be terminated prior to the issuance of a temporary or permanent certificate of occupancy for any compensated development by the Department of Buildings; and

(6)        where all of the dwelling units, rooming units or supportive housing units in a generating site, other than any super's unit, are affordable housing units, the regulatory agreement shall provide that, following a default and any applicable opportunity to cure, HPD may, in addition to any other remedies provided therein or by applicable law:

(i)        appoint a receiver to manage such generating site; or

(ii)        take control of the board of directors of any housing development fund company or not-for-profit corporation that owns, controls or operates such generating site.

(7)        Where applicable in accordance with paragraph (b) (Monthly rent) of Section 23-961, the regulatory agreement shall provide that certain obligations shall survive the regulatory period.

For MIH sites, the following provisions shall apply:

(8)        The regulatory agreement shall require compliance with and shall incorporate by reference the MIH application and the applicable provisions of this Zoning Resolution and the guidelines and shall contain such additional terms and conditions as HPD deems necessary.

(9)        The regulatory agreement shall require that HPD be provided with documentation indicating the amount of affordable floor area. For new construction affordable housing such documentation shall include, but shall not be limited to, plans meeting the requirements of paragraph (c) of Section 23-94.

(10)        The regulatory agreement shall be recorded against all tax lots comprising the portion of the zoning lot within which the MIH site is located and shall set forth the obligations, running with such tax lots, of the owner and all successors in interest to provide affordable housing in accordance with the MIH application for the entire regulatory period.

(11)        Where applicable in accordance with paragraph (b) (Monthly rent) of Section 23-961, the regulatory agreement shall provide that certain obligations shall survive the regulatory period.

(g)        Housing standards

Upon the date that HPD issues the completion notice, the generating site or MIH site shall be entirely free of violations of record issued by any City or State agency pursuant to the Multiple Dwelling Law, the Building Code, the Housing Maintenance Code and this Zoning Resolution, except as may be otherwise provided in the guidelines with respect to non-hazardous violations in occupied affordable housing units of preservation affordable housing or substantial rehabilitation affordable housing.

(h)        Insurance

The affordable housing in a generating site or MIH site shall at all times be insured against any damage or destruction in an amount not less than the replacement value of such affordable housing. Any insurance proceeds resulting from damage or destruction of all or part of the generating site or MIH site containing such affordable housing shall be used first to restore any damaged or destroyed affordable housing, except that HPD may provide priority for lenders participating in the financing of affordable housing that is assisted under City, State or Federal programs.

(i)        Duration of obligations

The obligation to provide and maintain a specified amount of affordable housing on a generating site or MIH site shall run with the zoning lot containing such generating site or MIH site for not less than the regulatory period. If any portion of such affordable housing is damaged or destroyed, no floor area shall be developed, reconstructed or repaired on such zoning lot, and no development, enlargement, extension or change of use shall occur on such zoning lot, unless:

(1)        the amount of such floor area devoted to affordable housing is not less than the floor area of the affordable housing that was damaged or destroyed; or

(2)        100 percent of such developed, reconstructed or repaired floor area is affordable housing.

(j)        One generating site or MIH site may satisfy requirements for multiple compensated zoning lots or MIH zoning lots, as applicable

Any generating site or MIH site may contain affordable housing that satisfies the requirements of Section 23-90, inclusive, for more than one compensated development or MIH development, as applicable, provided that no affordable floor area shall be counted more than once in determining the amount of floor area compensation for such compensated developments or in satisfying the floor area provisions for zoning lots in paragraph (d) of Section 23-154 (Inclusionary Housing).

(k)        Guidelines

HPD shall adopt and may modify guidelines for the implementation of the provisions of Section 23-90, inclusive.