The Mixed Income Incentive Program in Los Angeles

The Mixed Income Incentive Program (MIIP), LAMC 12.22 A.38, is the City's program for mixed-income buildings of five or more units, in force since 11 February 2025 (Ordinance 188,477). It grants density, floor area and height to a project that sets aside restricted affordable units. The Transit Oriented Communities program (LAMC 12.22 A.31, Measure JJJ) remains in the code; the City reports that applicants now use MIIP and AHIP.

Where it applies

MIIP has three incentive areas:

• Transit Oriented Incentive Areas, A.38(e): a lot within half a mile (2,640 ft) of a Major Transit Stop, in subareas T-1 to T-3 by distance.
• Opportunity Corridor Incentive Areas, A.38(f).
• The Low-Rise Incentive Area, A.38(g), added by Ordinance 188,967.

The set-aside follows the program's table by Market Tier and subarea. In the Low and Medium Market Tiers, subarea T-1 asks, for example, 9 percent Extremely Low Income, 12 percent Very Low Income or 21 percent Lower Income units. Certain zones, hazard areas, community plan areas and historic resources are excluded (A.38(c)(4) to (10), as amended by Ordinance 188,967).

How approval works

• Base incentives and on-menu additional incentives are ministerial and are processed in plan check (A.38(d)(1)).
• Public benefit options and off-menu incentives go to Expanded Administrative Review by City Planning. An informational hearing is held only if the Department requires one, and there is no appeal. Off-menu requests cannot cover floor area, height, open space, trees, the ground story or yards; those move the project to the State Density Bonus procedures of A.37.
• One waiver of a development standard is a Director's Determination, with a code deadline of 75 days from a complete application, appealable to the City Planning Commission by abutting owners and tenants.
• More than one waiver follows the Class 3 Conditional Use procedure before the City Planning Commission; its decision is final.
• The Los Angeles Housing Department records the affordability covenant before the building permit.

A project of 50 or more units can also trigger Project Review (LAMC 16.05); restricted units are not counted toward that threshold.

What to check on a site

• The distance to the nearest Major Transit Stop, measured as the code measures it, and the subarea it sets.
• The Market Tier and the set-aside it asks.
• Every overlay, Q condition and D limitation; A.38 prevails over most plans where the applicant elects it, while specific plan project permits and HPOZ approvals still apply.
• Whether the building needs an off-menu request, and on which standard, since that choice sets the pathway and the decider.

Questions

Did MIIP replace TOC in Los Angeles?

TOC (LAMC 12.22 A.31) remains in the code as a voter initiative. MIIP (A.38), in force since 11 February 2025, is the program the City reports applicants now use for mixed-income buildings near transit.

Is a MIIP project approved without a hearing?

Base and on-menu incentives are ministerial and are processed in plan check. Off-menu incentives go to Expanded Administrative Review, and waivers go to a Director's Determination or the City Planning Commission.

Sources