N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 1627-2.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 1627-2.3 - Definitions

(a) Aggregate annual income is sum of all income received by one person during a 12-month period. The total of all such income received by all members of family, both adult and minor, is aggregate annual family income.

(b) The word anticipated when used in connection with annual income refers to income expected to be received during coming 12 months from date income is reported. It is the projection over a 12-month period, of income being currently received, with any adjustments thereto as indicated by prior annual income, nature of employment and similar factors.

(c) Assets are cash or other property readily convertible to cash owned by an applicant or tenant or member of his household. The local housing authority should ascertain that total of such assets does not exceed maximum amount of assets permitted for admission or continued occupancy.

(d) Chief wage earner is person who is legally or morally responsible for dependents in household, whose income is generally from employment or self-employment and usually exceeds income of any other adult member of household. However, any question as to determination of chief wage earner should be resolved, if possible, on basis of affording advantage to applicant or tenant as to admission or continued occupancy limits.

(e) Deductions are amounts administratively determined and approved by Commissioner of Housing as proper exclusions in determination of aggregate annual income.

(f) Effective date of rent change is one of the following dates, as applicable:

(1) For annual income re-examinations under either policy of rent adjustment, rent adjustments, both increases and decreases, will be effective on first day of first month of calendar quarter following quarter in which annual income re-examination was scheduled except that, in case of rent decrease, information must first be verified. If such verification has not been received by above date, effective date will be first day of month in which verification is received.

(2) For quarterly income reviews, and on occasion of any change under interim rent adjustment policy and under noninterim rent adjustment policy, rent increase will be effective on first day of month following 30 calendar days from date of change if change is reported within 15 days of its occurrence. If change is not reported within 15 days, rent increase will be effective on first day of month in which change occurred, with a retroactive charge being assessed if necessary.

(3) Rent decreases in all cases listed under paragraph (2) above will be effective on first day of month in which verification of reported change is obtained. It is the responsibility of the authority to be prompt in requesting verification of reported changes.

(g) Exemptions are amounts of certain income permitted by law to be deducted from "aggregate annual income".

(h) Fixed income is income where factors influencing it are of a regular nature so that tenant's income can be anticipated for a 12-month period with a reasonable degree of accuracy.

(i) Income is that recurrent gain or benefit, measured in money which proceeds to a person from any source, although usually from his labor, business or property. See also, lump sum additions to assets, subdivision (l) below.

(j) Income of minors is income accruing to a minor as a result of his employment or payments in lieu of employment, such as unemployment insurance benefits, and also any other payments made for benefit of minor but not available for use of family or support of minor. Income available for support of minor or for family use, whether paid to parents or to minor, will be considered as family income and will not be deductible.

(k) Interim rent adjustment policy is that policy whereby rent charges are adjusted at any time a change in income or family composition occurs which effects rent determination. Such policy requires tenants to advise of any change within 15 days of its occurrence and in addition, to submit requested information at time of annual income reexamination. (See also subd. [o] below, noninterim rent adjustment policy.) This policy requires an authority to conduct annual income re-examination of all tenants. It also requires an authority to conduct quarterly income reviews of all tenants with nonfixed income. An authority may also conduct quarterly income reviews of all or any portion of its tenants with fixed income, if it so desires.

(l) Lump sum addition to assets is a nonrecurrent gain or benefit proceeding to a person; for example, payments on insurance claims, capital gains, settlements for personal or property losses and casual or irregular gifts. Such additions are not included in income.

(m) Net annual income and net annual family income are aggregate incomes less exemptions and authorized deductions.

(n) Nonfixed income is income where factors influencing it, such as rate of pay, number of hours of work per week, number of weeks worked per year, present no pattern of regularity, making it difficult to project for other than short periods of time.

(o) Noninterim rent adjustment policy.

(1) Is that policy whereby rent charges are adjusted only at time of annual income reexamination or on occasion of change due to one of the following conditions:

(i) Tenant or member of family is placed upon or removed from public assistance by department of welfare.

(ii) Member of tenant's family starts permanent full time employment; full time employed person permanently joins family; full time employed person permanently leaves family.

(iii) When a full time employed member of the tenant's family becomes unemployed for one full calendar month or more; and when such member is subsequently re-employed.

(2) This policy requires tenant to submit requested information at time of annual income re-examination and to advise of any of the above listed changes within 15 days of their occurrence. It requires the authority to conduct an annual income re-examination of all tenants.

Note: Interim rent adjustment policy (see subd. [k] above) and noninterim rent adjustment policy are alternate policies; only one of these policies may be adopted by an authority.

(p) The word prior when used in connection with annual income refers to income received during 12-month period immediately preceding time income is reported. Prior annual income is considered as a basis, where indicated, for projecting income expected to be received during coming 12 months. It is also basis for assessing retroactive surcharges where such prior annual income grossly exceeds income anticipated for that period and such difference is directly attributable to tenant's neglect or misrepresentation.

(q) Secondary wage earner is any gainfully employed, adult member of the household other than the chief wage earner. It is not necessary for the chief wage earner to be gainfully employed for another household member to qualify as a secondary wage earner. (See definition of chief wage earner, subdivision [d] of this section.)

(r) Vietnam veterans are persons who

(1) have served in the armed forces of the United States for a period of at least six months (or any shorter period which terminated due to death or injury incurred in such service), provided some portion of the period of service was between August 5, 1964 and May 7, 1975, the official date of the termination of the conflict in Vietnam; and

(2) have been thereafter discharged or released therefrom under conditions other than dishonorable, or died in such service, not more than five years prior to the time of application for admission.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 1627-2.3