N.Y. Comp. Codes R. & Regs. tit. 9 § 1727-1.4

Current through Register Vol. 46, No. 25, June 18, 2024

Section 1727-1.4 - Additional provisions for operating projects

(a) After initial occupancy, applications will continue to be accepted at all times unless the estimated waiting period is three years or more or the number of applications shall equal the number of dwelling units for the project, whichever basis shall result in a shorter list. During any period in which applications are being accepted, the housing company shall implement an ongoing affirmative fair housing marketing program to attract eligible applicants least likely to apply to the project. In cases where the waiting period is three years or more or reaches a number in excess of the number of dwelling units for the project, the housing company, with the written approval of the division, may discontinue acceptance of applications, except that such discontinuance shall not apply to eligible Vietnam veterans, their surviving spouses, project displaces, or to the mobility-impaired or members of their family who are mobility-impaired in projects having apartments designed for or modified to accommodate the mobility-impaired. The housing company must obtain the approval of the division at least 30 days in advance before it reopens applications to the public. The division will base its approval on a review of the housing company's compliance with this Part and the housing company's submission of an affirmative fair housing marketing plan acceptable to the division. Such reopening of applications shall be processed in the same fashion as the processing of inquiries and applications, pursuant to sections 1727-1.1, 1727- 1.2 and 1727-1.3 of this Subpart.

(b) The processing of accepted applications to determine eligibility should be limited to a number sufficient to provide an adequate number of eligible applicants in numerical order, to meet turnover requirements.

(c) From time to time, the housing company shall canvass the applicants on its waiting list, in chronological order, in such manner as the housing company may deem appropriate in order to fill vacancies or to assess the need to reopen its waiting lists. Such canvass may be either by first class mail or by certified mail, return receipt requested. The canvass shall list the current range of rents or carrying charges, by apartment size, as well as any rent or carrying charge increases approved for future implementation. It shall further request a written statement of continued interest on the part of the applicant, as well as any changes in address and state that failure to provide such statement within 21 days will be deemed as noninterest on the part of the applicant. Where a housing company has elected to conduct the canvass of the waiting list by use of certified mail, return receipt requested, such action shall be deemed sufficient to meet the requirement and intent of this section. However, where first class mail is used to conduct the canvass, the housing company is required to again canvass those applicants who failed to respond to the initial canvass by use of certified mail, return receipt requested. Failure by an applicant to respond to the certified mail canvass will be deemed as noninterest, whereupon the application shall be terminated with an appropriate annotation made to the AWL (or to the manual log) kept pursuant to section 1727-1.3(c)(3) of this Subpart and evidence of the canvass efforts maintained in the housing company's applicant files.

(d) Upon the request of an applicant, the housing company is obligated to advise said applicant of his or her position on the waiting list.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 1727-1.4