Affordable housing in an MIH site or UAP site shall meet each of the requirements set forth in this Section for the entire regulatory period, except that affordable housing restricted pursuant to an affordable housing regulatory agreement shall only be required to comply with paragraphs (a) and (j) of this Section.

1. Location of MIH site or UAP site and MIH zoning lot or UAP zoning lot
   
   Where an MIH site or UAP site is not located within the MIH zoning lot or the UAP zoning lot, as applicable:
   1. the MIH site or UAP site and the MIH zoning lot or UAP development, as applicable, shall be located within the same Community District; or
   2. the MIH site or UAP site and the MIH zoning lot or UAP 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.
       

      Outside of UAP offsite option areas, a UAP site must be located within the UAP zoning lot. 

2. Distribution of affordable housing units
   
   In new construction affordable housing, where one or more of the dwelling units or rooming units in an MIH site or UAP 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 MIH site or UAP 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 two-thirds of the dwelling units and rooming units on any story of such MIH site or UAP site shall be affordable housing units, unless not less than two-thirds of the dwelling units and rooming units on each residential story of such MIH site or UAP site are affordable housing units. HPD may waive such requirement for any new construction affordable housing that is located on an interior lot or through lot with less than 50 feet of frontage along any street.

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. However, if an MIH site or UAP site contains both homeownership and rental housing and no affordable housing units are homeownership housing, the distribution requirements above shall only apply to residential stories containing rental housing. In addition, the distribution requirements above shall not apply if all affordable housing units are rental affordable housing and all other dwelling units are homeownership housing, and shall not apply to any affordable housing units that are also supportive housing units or affordable independent residences for seniors.

In addition, HPD may waive these requirements for affordable floor area created in an MIH site or UAP site through enlargement, as specified in the guidelines.

HPD may disapprove any building configuration that would frustrate the intent and purpose of this Section by segregating affordable housing units or stigmatizing residents of such affordable housing units.

1. Bedroom mix of affordable housing units
   1. In new construction affordable housing, where one or more of the dwelling units in an MIH site or UAP site, other than any super’s unit, are not affordable housing units, either:
      1. the dwelling units that are affordable housing units shall contain a bedroom mix at least proportional to the bedroom mix of the dwelling units, other than any super’s unit, that are not affordable housing units; or
      2. not less than 50 percent of the dwelling units that are affordable housing units shall contain two or more bedrooms and not less than 75 percent of the dwelling units 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. HPD may also waive such bedroom mix requirements for any new construction affordable housing that 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 affordable floor area created in an MIH site or UAP site through enlargement, as specified in the guidelines.

   2. Where all of the dwelling units in an MIH site or UAP site, other than any super’s unit, in new construction affordable housing are affordable housing units, the bedroom mix shall be as set forth in the guidelines. 
   3. Supportive housing units shall contain such configuration as HPD shall require.
   4. For purposes of this paragraph (c), fractions equal to or greater than one-half resulting from any calculation shall be considered to be one dwelling unit.
2. Size of affordable housing units
   1. In new construction affordable housing, the average size of affordable housing units of a particular bedroom count shall be not less than the average size of dwelling units that are not affordable housing units with the same number of bedrooms, or the minimum size specified below for a dwelling unit of a particular bedroom count, whichever is less:
      1. 400 square feet of floor area within the perimeter walls for a zero bedroom dwelling unit; or
      2. 575 square feet of floor area within the perimeter walls for a one bedroom dwelling unit; or
      3. 775 square feet of floor area within the perimeter walls for a two bedroom dwelling unit; or
      4. 950 square feet of floor area within the perimeter walls for a three bedroom dwelling unit.
          

          However, these unit size requirements shall not apply to affordable independent residences for seniors. 
         
         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 an MIH site or UAP site, other than any super’s unit, in new construction affordable housing are affordable housing units, such affordable housing units shall comply with the size requirements as set forth in the guidelines. 
   3. Supportive housing units shall comply with the size requirements specified by HPD.
3. Records
   
   For a period of time specified in the guidelines, the owner of the affordable housing units shall maintain all records setting forth the facts that form the basis of any affidavit submitted to HPD, and shall make such records available for inspection and audit by HPD upon request.
4. Restrictive declaration
   1. The restrictive declaration shall require compliance with and shall incorporate by reference the affordable housing application 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 restrictive declaration 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 27-14 (Methods of Providing Affordable Housing).
   3. The restrictive declaration shall be recorded against all tax lots comprising the portion of the zoning lot within which the MIH site or UAP 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 application for the entire regulatory period.
   4. Where applicable in accordance with paragraph (b) (Monthly rent) of Section 27-161 (Additional requirements for rental affordable housing), the restrictive declaration shall provide that certain obligations shall survive the regulatory period.
5. Housing standards
   
   Upon the date that HPD issues the completion notice, the MIH site or UAP site shall be 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 otherwise be provided in the guidelines.
6. Insurance
   
   The affordable housing shall at all times be insured against any damage or destruction in an amount not less than the replacement value of such affordable housing. 
7. Duration of obligations
   
   The obligation to provide and maintain a specified amount of affordable housing on an MIH site or UAP site shall run with the zoning lot containing such MIH site or UAP site for not less than the regulatory period.
8. One MIH site or UAP site may satisfy requirements for multiple MIH zoning lots or UAP zoning lots, as applicable
   
   Any MIH site or UAP site may contain affordable housing that satisfies the requirements of this Chapter, for more than one MIH development or UAP development, as applicable, provided that no affordable floor area shall be counted more than once in satisfying the requirements of such MIH developments or UAP developments, or for the purposes of utilizing floor area provisions applicable to qualifying affordable housing in Section 23-22 (Floor Area Regulations for R6 Through R12 Districts). 

(k)    Guidelines

HPD shall adopt and may modify guidelines for the implementation of the provisions of Section 27-00, inclusive.