N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 1627-5.1

Current through Register Vol. 46, No. 50, December 11, 2024

Section 1627-5.1 - Rent determination

(a) General.

(1) Section 156 of the Public Housing Law limits admission to persons or families whose probable aggregate annual income does not exceed six times the annual rent in cases of persons or families with three or fewer dependents, and seven times the annual rent in cases of persons or families with four or more dependents; except that in the case of Vietnam veterans, their widows or families, such persons or families shall be eligible for admission if their probable aggregate annual income does not exceed seven times the annual rental (including the value or cost to them of heat, light, water and cooking fuel) in the case of persons or families with three or fewer dependents, and eight times the annual rental in the case of persons or families with four or more dependents.

(2) Administrative limits for continued occupancy will be established by the authority, subject to the approval of the commissioner. Under section 156 of the Public Housing Law, these limits cannot exceed 50 percent of admission limits currently in effect or in effect at time of tenant's admission, whichever is greater. Tenants, whose incomes increase over the admission limits, but not over the limits established for continued occupancy, may continue in occupancy. Their rent, however, will be increased in proportion to their ability to pay.

(b) Rent schedules.

(1) Rents to be assessed tenants are determined by reference to rent schedules adopted by the authority under the master management resolution. These rent schedules are known as schedule A, which lists rents based on admission incomes, and schedule B, which lists rents based on continued occupancy incomes. After ascertaining gross family income, reference to schedule A or B, as applicable, will show rent to be charged.

(2) Rent schedules are established by the authority, subject to division approval. The division will render assistance in the preparation of rent schedules upon request. Such schedules should have as their objectives:

(i) the providing of sufficient revenues which, together with State subsidy, will meet the costs of efficient project operation, including reasonable reserves and debt payments; and

(ii) the establishment of rents within the means of low income families.

(c) Definition of rent schedule terms.

(1) Minimum admission rent is lowest rent (including value or cost of heat, light, water and cooking fuel) charged for particular type apartment. No tenant may be charged less than minimum. However, in some rent schedules, minimum and maximum admission rents are identical.

(2) Maximum admission rent is rent charged for particular type apartment on which maximum income limits for admission are based. Applicants with income in excess of these limits may not be admitted except under section 153 of the Public Housing Law.

(3) Maximum continued occupancy rent is the highest rent which can be charged to a tenant who is still eligible for continued occupancy.

(4) Vacating rent is that rent charged according to the approved schedule to a tenant whose income exceeds the continued occupancy limit pending his removal or eviction for over-income. In the event a tenant is eligible for a larger apartment because of family size or composition, he shall not be declared ineligible on the ground of excess income until his income exceeds the continued occupancy limit for the larger apartment. Once his income exceeds the continued occupancy limit for the apartment actually occupied, however, the rent to be charged shall be in accordance with the rent schedule of the larger apartment for which he is eligible. In the event his income exceeds the continued occupancy limit of the larger apartment, he is to be declared ineligible because of excess income and the vacating rent to be charged shall be in accordance with the vacating rent schedule applicable to the larger apartment.

(5) Welfare rent. Welfare rent will be the rent determined pursuant to the provisions of section 1627-2.6(c)(5).

(6) Surcharge rent refers to rent graduations established between minimum admission rent and maximum continued occupancy rent. These graduations, based on income, are shown in schedules A and B.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 1627-5.1