Any lower income housing plan, as defined by Section 23-93 prior to July 29, 2009, that has been approved by HPD prior to such date, and results, within one year after such approval, in the execution of a restrictive declaration pursuant to Section 23-95, paragraph (e), as such Section existed prior to July 29, 2009, shall be governed solely by the regulations in effect prior to July 29, 2009, unless a regulatory agreement with respect thereto specifically provides to the contrary. However, Section 23-953 (Additional requirements for compensated developments and MIH developments) shall apply to any permits or certificates of occupancy for compensated developments issued on or after July 29, 2009.

The floor area ratio of a compensated development may be increased in exchange for lower income housing, pursuant to a lower income housing plan, as both terms were defined by Section 23-93 prior to July 29, 2009, provided such lower income housing complies with all applicable provisions of Section 23-90 (INCLUSIONARY HOUSING) in effect prior to July 29, 2009, except as provided in this Section. Where such a compensated development is located in an R10 District outside of Inclusionary Housing designated areas, the provisions of paragraph (a) of Section 23-154 (Inclusionary Housing) shall not apply, and Section 23-941 (In R10 Districts other than Inclusionary Housing designated areas) as such Section existed prior to July 29, 2009, shall apply.

Any lower income housing plan, as such term was defined prior to July 29, 2009, that has been approved by HPD prior to such date, and any legal document related thereto, may be modified by HPD, to apply the provisions of paragraph (b) (Monthly rent), of Section 23-961 to such lower income housing plan.