N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 1627-6.3

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

Section 1627-6.3 - Termination by authority

(a) Grounds for instituting summary proceedings. Following are grounds upon which summary proceedings should be instituted by the authority to recover possession:

(1) nonpayment of rent;

(2) willful misrepresentation or concealment by tenant of any material fact which would affect eligibility for admission or continued occupancy or rent to be paid;

(3) breach of rules and regulations of tenancy;

(4) noncooperation;

(5) chronic delinquency in payment of rent;

(6) nonverifiable income;

(7) under- or over-occupancy and refuses offer of transfer;

(8) residual single person occupant contrary to authority's policy on single person occupancy;

(9) assignment or transfer of possession by tenant of record to other person or persons, without authority, permission or consent, after tenant of record has moved from apartment;

(10) nondesirability; and

(11) contingent liability arising from use of apartment for illegal purposes.

(b) Responsibilities of manager and counsel.

(1) Actions by the authority to recover possession will be processed by the authority's counsel based on information furnished by the manager. The manager is responsible for the accuracy of that information and, where applicable, that all other reasonable efforts have been made to correct the situation.

(2) The authority's counsel is responsible for insuring that necessary notices and other papers are properly and timely prepared and served. Preparation and service of such papers, as directed by authority's counsel, should be accomplished by project personnel where practicable, especially in the case of nonpayment or other rent action.

(3) Actions for nonpayment of rents must follow the schedule outlined in Subpart 1627-5, Rent Determination and Collection. The schedule of legal action, including three days' notice, should be such as to have the case in court during the first month of delinquency. In holdover proceedings, i.e., actions other than for nonpayment of rent, necessary legal action should be scheduled as soon as possible after authority authorization has been obtained. Where authorization to institute holdover proceedings is required, it is the responsibility of the manager to submit to the authority, as promptly as possible, full information, including his efforts to resolve the matter by other means. If matter is urgent, authorization can be obtained by contracting authority chairman and members, with such authorization being officially ratified at authority's next meeting.

(4) It is essential that all statutory requirements and procedures established by the authority are strictly followed in the case of termination proceedings so that action is not impaired. The authority's counsel should insure that authority personnel concerned are aware of applicable statutory requirements. No payments of rent should be accepted once proceedings have been instituted, unless such acceptance is approved by the authority's counsel.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 1627-6.3