The following definitions shall apply to rental affordable housing :

        

Legal regulated rent

A “legal regulated rent” is, with respect to any affordable housing unit, the initial monthly rent registered with the Division of Housing and Community Renewal at rent-up in accordance with paragraph (b) of Section 23-961 (Additional requirements for rental affordable housing).

        

Maximum monthly rent

The “maximum monthly rent” is:

(a)        30 percent of the low income limit for an affordable housing unit restricted to occupancy by low income households, divided by 12, minus the amount of any applicable utility allowance;

 

(b)        30 percent of the moderate income limit for an affordable housing unit restricted to occupancy by moderate income households, divided by 12, minus the amount of any applicable utility allowance; and

 

(c)        30 percent of the middle income limit for an affordable housing unit restricted to occupancy by middle income households, divided by 12, minus the amount of any applicable utility allowance.

 

For MIH sites, the maximum monthly rent for an affordable housing unit restricted to occupancy by a qualifying household is 30 percent of the income band applicable to that unit, divided by 12, minus any applicable utility allowance.

        

Monthly rent

The “monthly rent” is the monthly amount charged, pursuant to paragraph (b) of Section 23-961 (Additional requirements for rental affordable housing), to a tenant in an affordable housing unit.

        

Rent stabilization

“Rent stabilization” is the Rent Stabilization Law of 1969 and the Emergency Tenant Protection Act of 1974 and all regulations promulgated pursuant thereto or in connection therewith. If the Rent Stabilization Law of 1969 or the Emergency Tenant Protection Act of 1974 is repealed, invalidated or allowed to expire, rent stabilization shall be defined as set forth in the guidelines.

        

Rent-up

“Rent-up” is the first rental of vacant affordable housing units on or after the regulatory agreement date, except that, where one or more affordable housing units in preservation affordable housing or substantial rehabilitation affordable housing were occupied by grandfathered tenants on the regulatory agreement date, rent-up shall have the same meaning as regulatory agreement date.

        

Rent-up date

The “rent-up date” is the date upon which leases for a percentage of vacant affordable housing units set forth in the guidelines have been executed, except that, where one or more affordable housing units in preservation affordable housing or substantial rehabilitation affordable housing were occupied by grandfathered tenants on the regulatory agreement date, the rent-up date is the regulatory agreement date.

        

Supportive housing project

A “supportive housing project” is a non-profit institution with sleeping accommodations listed under Use Group III(A) , where:

 

(a)        100 percent of the supportive housing units within such generating site, have been restricted to use as affordable housing for persons with special needs pursuant to a regulatory agreement;

 

(b)        such generating site does not contain any dwelling unit or rooming unit that is not accessory; and

 

(c)        such generating site is not a compensated development.

 

However, with respect to the requirements of paragraphs (d)(3)(i) through (d)(3)(iv) or (d)(5) of Section 23-154 (Inclusionary Housing), a supportive housing project is a building or a portion thereof that is a non-profit institution with sleeping accommodations, as specified in Section 22-13 restricted to use as affordable housing for persons with special needs pursuant to a regulatory agreement.

        

Supportive housing unit

A “supportive housing unit” is floor area in a supportive housing project that consists of sleeping quarters for persons with special needs and any private living space appurtenant thereto.

        

Utility allowance

A “utility allowance” is a monthly allowance set by HPD for the payment of utilities where the tenant of an affordable housing unit is required to pay all or a portion of the utility costs with respect to such affordable housing unit in addition to any payments of monthly rent.