Detroit — Ch. 22 Art. III Inclusionary Housing Requirements (preempted-pending-review) § 22-3-4

(a) Except as provided in this section, the City Council shall not approve any qualifying transaction unless the transaction conforms to this article.
(b) All requests for approval of qualifying transactions brought before the City Council shall be accompanied or supplemented by a report from the Housing and Revitalization Department prior to the vote, which finds that the evaluation and processing of the qualifying transaction were performed pursuant to the administrative procedures promulgated under Section 22-3-9 of this Code. All requests for approval of qualifying transactions, which propose the development or rehabilitation of an occupied housing project must be certified by the Housing and Revitalization Department in its report to conform to the requirements of Section 22-3-5 of this Code.
(c) Where the Housing and Revitalization Department concludes that a waiver under Subsection (d) of this section is justified for a residential housing project, the report to the City Council shall state the grounds for the Department's conclusion and proposed findings for the City Council and be posted on the City's website.
(d) Notwithstanding the provisions of Subsection (a) of this section, if the developer or owner has previously agreed to provide affordable housing subject to a written agreement approved by the City Council or affordable housing is included in and the developer or owner is in compliance with the affordability requirements in a Community Benefits Provision under Chapter 12, Community Development, Article VIII, Community Benefits, that qualifying transaction or rental housing shall be exempt from this article. Upon request of the Director of the Housing and Revitalization Department, the City Council may also approve a qualifying transaction that does not conform to this article, where City Council finds and declares in the authorizing resolution that:
(1) The application of the affordability requirements set forth in Section 22-3-5 of this Code would produce a result inconsistent with the purpose and intent of this article as set forth in Section 22-3-1 of this Code; or
(2) The application of the affordability requirements of this article would have a significant negative effect on the residential housing project rendering the project economically or financially unviable; or
(3) All substitute structures will be either within a comparable neighborhood to that of the residential housing project, with comparable access to employment centers, transportation, and other quality of life indicators, or are no more than one-quarter mile away from the residential housing project; or
(4) The developer provides satisfactory assurance that the affordability requirements applicable to the residential housing project are satisfied by the provision of affordable dwelling units in one or more substitute structure, as defined in Section 22-3-2 of this Code, where all of the following criteria are satisfied:
a. All structures will be developed and placed into service within a 24-month period from the completion of the first structure comprising the residential housing project;
b. The affordability requirements, including the substitute structures, will be satisfied for the residential housing project as a whole within the 24-month development period, which is calculated from the completion of the first structure comprising the residential housing project. The developer shall notify, in writing, the Director of the Housing and Revitalization Department and the City Council of delays in meeting this timeframe. This notification shall include the reason for such delay(s) and the anticipated completion date; and
c. The application of the affordability requirements of this article would have a significant negative impact on, or function to displace, current residents of substantially occupied buildings of the residential housing project.
(e) The requirements of this article applicable to a residential housing project under or after development may be waived or modified in accordance with Subsections (c) and (d) of this section.