N.Y. Comp. Codes R. & Regs. tit. 9 § 1727-1.1

Current through Register Vol. 46, No. 18, May 1, 2024

Section 1727-1.1 - General

The selection of tenants or cooperators by housing companies established under the Private Housing Finance Law is governed by provisions of this section, except that federally assisted projects shall conform to any HUD rules and regulations which are at variance with those herein.

(a) Housing companies shall process applications through the division's web-based Mitchell-Lama Automated Waiting List (AWL).

(b) Except as hereinafter provided in this section, all segments of the public will have an equal opportunity to apply for apartments.

(c) No prospective applicant will be rejected because of race, creed, color, national origin, sexual orientation, military status, sex, age, disability, marital status, or familial status, except that an applicant must be at least 18 years of age and in the case of senior citizen developments meet their age requirements at the time of application. The housing company and its managing agent shall comply with all Federal and State fair housing, nondiscrimination and civil rights laws. Any complaints in writing alleging violations of these laws shall immediately be referred to the division for appropriate action.

(d) All applications will be processed in an equitable manner.

(e) Applications must identify all of the applicants as well as any additional prospective residents. The prospective household composition must conform to the occupancy standards for the dwelling unit size requested at the time of application and at the time of availability. Applicants and any additional prospective residents must be living together at the time of application and at the time of availability; provided, however, that a housing company may adopt a uniform policy, but is not required to, which allows changes in household composition to be made on condition that an original adult applicant must remain on the application at all times and move in at the time of availability.

(f) Income of prospective tenant or cooperator will not exceed the applicable income limit either at the time of application or at the time of apartment availability.

(g) Applications for admission and intraproject transfer require the division's approval prior to assignment of the dwelling unit.

(h) Vietnam veteran's preference. Preference in admission to a project shall be given by a limited profit housing company (including those companies participating in the low rent assistance program) to persons or surviving spouses of 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 in such service), provided some portion of the period of service was between February 28, 1961 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 to the project.

(i) Disabled veterans preference. Preference in admission to a project with an open waiting list, as determined by the division, shall be given to disabled veterans as such term is defined pursuant to section 85 of the Civil Service Law. For projects with a closed list, as determined by the division, such preference shall be given upon the opening of the waiting list. Notwithstanding the foregoing, persons who are already residing in a project shall be given first priority for an internal transfer within the housing development in which they are residing in accordance with section 1727-1.3 of this Subpart.

(j) Priority in admission for applicants found eligible in accordance with the provisions of subdivisions (a) through (i) of this section shall, in accordance with an affirmative fair housing marketing plan approved by the division, be determined as follows:

(1) First, in the following order, applicants qualifying as project displacees (families displaced by a limited profit housing project):

(i) Vietnam veterans or their surviving spouses;

(ii) disabled veterans; and

(iii) all other qualified persons.

(2) Second, in the following order, applicants not qualifying as project displacees:

(i) Vietnam veterans or their surviving spouses;

(ii) disabled veterans;

(iii) where housing developments have apartments which were designed for or modified to accommodate aged or mobility-impaired persons, as the case may be, priority for such apartments is to be given to applicants whose households include aged or mobility-impaired persons. However, such priorities should not result in any such applicant being denied a standard apartment;

(iv) categories of applicants established by:

(a) either the State or Federal government for programs in which the housing company is a participant; or

(b) the division in response to emergency situations in a ratio to be determined by the division; and

(v) all other qualified persons.

(3) These priorities shall apply to new tenants only and not to intra-project transfers, except in the case of those tenants who are aged or mobility-impaired pursuant to section 1727-1.3(c)(2)(iii) of this Subpart.

(k) Housing companies are required to have in effect an affirmative fair housing marketing plan. In order to qualify for approval by the division, such plan shall include, but not be limited to: identifying those racial/ethnic groups which have traditionally not applied for admission to the projects because of neighborhood characteristics or other factors; identifying those racial/ethnic groups which are least likely to apply in the future unless there is special outreach to attract them; identifying which community, religious, civil or fraternal organizations will be utilized in conducting this outreach, with a description of how they will be utilized, and a description of any other advertising and promotion techniques to be undertaken in connection with sales or rental activity. Affirmative fair housing marketing plans will be evaluated on the basis of their appropriateness and potential effectiveness in attracting target groups to the project for future occupancy. In addition, implementation capability by existing rental/sales staff, and project profiles on current rent or carrying charges, vacancy rates and the size of waiting lists, will be taken into consideration in the evaluation process.

(l) Upon the request of the division, the housing company shall report on any and all aspects of its fair housing practices. Areas of concern shall include, but not be limited to, the provisions of this section, processing of applications, maintaining of waiting lists, and the initiation and implementation of a sales and marketing program.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 1727-1.1