UAP: Universal Affordability Preference

Introduction

The Universal Affordability Preference (UAP) Program is a zoning incentive introduced under the City of Yes for Housing Opportunity initiative to expand affordable housing production in New York City. UAP provides developers with additional residential floor area when they include a required share of income-restricted units directly within the project. UAP does not offer market-rate bonus floor area; instead, the increased density is fully tied to affordable units, ensuring deeper affordability and equitable housing growth across a broader range of neighborhoods.

Key Components of the UAP Program

Program Objectives:

The purpose of UAP is to allow increased FAR in qualifying zoning districts when developers create on-site permanently affordable units at specific AMI levels. UAP may be applied in eligible medium- and high-density zoning districts (typically R6–R10 districts and commercial overlays), with the amount of additional residential floor area determined by the percentage and AMI level of affordable units included in the project.

 

Program Benefits:

The UAP program introduces several development advantages designed to support financially viable projects while significantly increasing the supply of affordable housing. Key benefits include:

  • Increased Floor Area Ratio (FAR): Developers may access additional FAR solely for affordable housing. All UAP-permitted floor area above the base district maximum must be allocated to affordable units. 
  • Height and Bulk Adjustments: To accommodate the additional affordable floor area, UAP provides height and bulk allowances aligned with the increased FAR. This enables developers to fully utilize the additional affordable unit area without compromising building feasibility.
  • Flexibility Across Neighborhoods: Unlike other zoning programs, which only apply in designated districts, UAP is available in a wider range of zoning districts, expanding opportunities for affordable housing creation throughout the city.

 

Design Criteria:

  • Full on-site provision of affordable units—off-site options are not permitted, unless in former Inclusionary Housing Designated areas
  • Horizontal and vertical distribution rules to prevent clustering of affordable units
  • Compliance with minimum unit sizes established by the Zoning Resolution 
  • No more than two thirds of any floor may be designated exclusively for affordable units

 

Affordability Criteria:

UAP Affordability Structure:

  • The required affordable units must meet the following AMI thresholds:
  • Weighted average of 60% AMI
  • Projects with a bonus floor area that is more than 10,000 sqft, at least 20% of the affordable floor area must serve households at or below 40% AMI 
  • Affordable units must remain permanently affordable.
  • Affordable unit mix must satisfy HPD proportionality (Test A or Test B).

 

Integration With Tax Incentives:

The benefits of UAP are significantly enhanced when combined with tax abatement programs. Developers may use the same affordable units to satisfy both the UAP zoning requirements and the affordability obligations of tax incentive programs. This dual compliance provides: Increased FAR under zoning, long-term tax savings under HPD/DOF programs, stronger financial feasibility and improved underwriting conditions. When strategically combined, UAP and tax abatements greatly increase a project’s development potential while maintaining affordability commitments.

 

Filing Timelines:

UAP involves a two-phase HPD review process:

1. Initial Application / “Closing” Phase. Developers must submit:

  • Architectural plans showing UAP floor area
  • Ownership documentation
  • Affordability mix and underwriting
  • Distribution diagrams and compliance charts
  • The plans are reviewed by BLDS 
  • HPD assigns an attorney to prepare regulatory agreements, review project compliance, and coordinate a closing date. Upon approval, HPD issues a UAP Permit Notice, allowing DOB to issue construction permits.


2. Completion Phase: Once construction is complete:

  • Developers submit as-built plans
  • Affordability certifications
  • Final distribution analysis
  • Upon meeting all requirements, HPD issues a UAP Certificate of Completion, which DOB requires for final sign-off and Certificate of Occupancy issuance.

Conclusion

The Universal Affordability Preference (UAP) program provides a powerful zoning tool for developers seeking to expand their residential capacity while creating meaningful, permanently affordable housing. By offering additional FAR tied directly to affordable units, UAP ensures that growth aligns with equity and neighborhood needs. When combined with tax abatement programs such as 421-a, 485-x, or 467-m, UAP creates a highly advantageous framework that strengthens project feasibility, enhances returns, and supports New York City’s long-term affordability goals.