Code Sections: 315.3 and 315.4

Subject: On-Site Housing Requirement, Calculation of Units for 10% Threshold

Effective Date: 04/06

Interpretation:

   These Sections establish the requirement that projects consisting of, or constructing, 10 or more units are subject to an affordability component. The question arose as to how the number of units is calculated to achieve the threshold of "10 or more." A project consisted of two existing units that were to be renovated, and 9 units that were to be newly created for a total of 11 overall units. Neither Code Section indicates whether it is the proposed number of newly created units located on a property, or the overall number of units within a single proposal that triggers the affordability requirement. The situation could arise where (for example) a property contains 7 units but a maximum of 11 were permitted. In order to reduce the burden of providing affordable units on smaller projects where a limited number of newly created units is proposed, those projects proposing 9 or fewer newly created units after June 18, 2001 are not be required to meet the affordability requirement. In addition, neither of the Sections indicates a retroactive consideration for existing units. The question of phasing could arise and will be considered on a case-by-case basis in consultation with the Zoning Administrator.