New York City’s zoning framework allows developers to build or increase residential floor area in exchange for permanent affordability commitments.  

• Universal Affordability Preference (UAP)

Effective December 5, 2024, UAP replaces VIH and allows a 1:1 bonus for affordable floor area provided.

• Applies to new construction, preservation, and conversions.
• Units must average 60% AMI across no more than 3 income bands.
• Requires restrictive declaration and completion certification with HPD.

   

• Mandatory Inclusionary Housing (MIH)

Applies where rezonings increase residential development potential.

• Requires 20–30% of floor area to be affordable.
• Offers four AMI options (40–115% AMI).
• HPD restrictive declaration and completion certification required.

   

• Voluntary Inclusionary Housing (VIH)

Predecessor to UAP, still applicable to vested developments.

• Bonus of up to 3.5:1 for affordable floor area.
• Bonus transfer limited to specific community districts or within 0.5 miles.
• Varies by location of “Generating Site.”