(DNAINFO)  Maya Rajamani | June 27, 2016 — A plan for 38-42 W. 18th St. is exempt from city’s affordable housing rules, officials said.

A developer should be required to include affordable housing in its plan to construct a mixed-use building if the city allows it to build more units than the district’s zoning rules permit, advocates and officials say.

Acuity Capital Partners has applied for a special permit it needs if it wants to build 66 market-rate apartment units, commercial space and a parking garage at 38-42 W. 18th St. in the Ladies’ Mile Historic District.

The permit will allow Acuity to build 26 more units than the 40 it originally planned to construct.

But advocates including Manhattan Borough President Gale Brewer, Community Board 5and the Municipal Arts Society of New Yorkargue that under Mayor Bill de Blasio’s new citywide rezoning plan, any developer that receives the special permit should have to comply with Mandatory Inclusionary Housing (MIH) rules, which require certain construction projects to include affordable housing units.

Source: Ladies’ Mile Development Should Fall Under Affordable Housing Rule: Critics – Chelsea – DNAinfo New York