27-162

Additional requirements for homeownership affordable housing

The additional requirements of this Section shall apply to homeownership affordable housing for the entire regulatory period, except that homeownership affordable housing restricted pursuant to an affordable housing regulatory agreement shall not be required to comply with this Section.

  1. #Affordable housing application
    1. An affordable housing application# shall:
      1. include the building plans;
      2. state the number and bedroom mix of the homeownership affordable housing units to be developed, converted, or preserved and the income band applicable to each homeownership affordable housing unit; and
      3. include such additional information as HPD deems necessary to ensure the satisfaction of the requirements of Section 27-10, inclusive.
    2. A copy of any affordable housing application shall be delivered, concurrently with its submission to HPD, to the affected Community Board.
  2. Homeownership affordable housing units shall only be occupied by eligible buyers, and HPD shall establish the initial and resale prices based on the incomes of households in accordance with the guidelines. Homeownership affordable housing on an MIH site or UAP site shall comply with the additional requirements set forth in the guidelines for the entire regulatory period.
  3. Special requirements for homeownership preservation affordable housing

    The additional requirements in this paragraph (g) shall apply to homeownership preservation affordable housing:
    1. on the restrictive declaration date, the UAP site shall be an existing building containing residences;
    2. on the restrictive declaration date, the average of the legal regulated rents, as such term is defined in Section 27-112 (Definitions applying to rental affordable housing), for all homeownership affordable housing units in the UAP site that are occupied by grandfathered tenants shall not exceed 30 percent of 60 percent of the income index divided by 12;
    3. where grandfathered tenants continue in residence subsequent to the restrictive declaration date, any affordable housing unit that is occupied by a grandfathered tenant shall be operated subject to the restrictions of Section 27-161 (Additional requirements for rental affordable housing) until such affordable housing unit is purchased and occupied by an eligible buyer;
    4. on the restrictive declaration date, HPD shall have determined that the condition of the UAP site is sufficient, or will be sufficient after required improvements specified in the affordable housing application and the restrictive declaration , to ensure that, with normal maintenance and normal scheduled replacement of capital elements, the affordable housing units will provide a decent, safe and sanitary living environment for the entire regulatory period;
    5. on the restrictive declaration date, HPD shall have determined either that no capital element is likely to require replacement within 30 years from the restrictive declaration date or that, with regard to any capital element that is likely to require replacement within 30 years from the restrictive declaration date, a sufficient reserve has been established to fully fund the replacement of such capital element;
    6. proceeds from sales of offsite affordable floor area must be approved by HPD as set forth in the guidelines or #restrictive declaration; and
    7. such affordable housing shall comply with such additional criteria as may be specified by HPD in the guidelines.
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