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Uniform Affordability Preference Program (UAP) vs Voluntary Inclusionary Housing Program (VIH)

On December 5, 2024, the New York City Council approved Mayor Eric Adams' City of Yes for Housing Opportunity (COY HO), a significant initiative aimed at enhancing housing production across the city, particularly focusing on affordable housing. This comprehensive set of changes to the Zoning Resolution marks a pivotal shift in how affordable housing is incentivized and developed in New York City.

Before COY HO's adoption, one of the primary mechanisms for promoting affordable housing was the Voluntary Inclusionary Housing Program (VIH). VIH allowed eligible sites within specific zoning districts—particularly R10 districts and designated Inclusionary Housing Areas—to increase their permitted floor area ratio (FAR) if they included affordable housing units. Under this program, all affordable housing was required to remain permanently affordable, with income limits set at 80% of the Area Median Income (AMI).

COY HO introduces the new Uniform Affordability Preference Program (UAP) that is set to replace the existing VIH program. UAP is applicable in R6 to R10 district and equivalents, excluding areas where Mandatory Inclusionary Housing (MIH) applies. This broader scope aims to stimulate more extensive development of affordable units throughout various neighborhoods in New York City.

Unlike VIH, UAP does not operate as a bonus program. Instead, developers can increase their maximum floor area by an equal amount for each square foot of affordable housing provided up to what is permissible within that zoning district. Additionally, buildings that include affordable units under UAP are permitted greater height than those under VIH.

While UAP represents a new approach to fostering affordability in residential development, it’s worth noting that VIH will still be available due to grandfathering provisions allowing existing projects to utilize its benefits where applicable. This dual framework ensures that ongoing developments can continue leveraging established incentives while paving the way for more inclusive and expansive opportunities under UAP moving forward.