N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 1727-2.3

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

Section 1727-2.3 - Determination of income

(a) In the discharge of the responsibilities listed above, the housing company shall take such steps as it deems necessary to ascertain and verify that the probably aggregate annual income of applicant's household does not exceed applicable income limits. Applicants, tenants, and cooperators are required to cooperate fully in obtaining verification of income.

(b) For admission applicants, each adult household member 18 years of age or older who filed an income tax return for the prior calendar year must provide a certified copy of either the New York State income tax return obtained from the New York State Department of Taxation and Finance or the Federal income tax return obtained from the Internal Revenue Service.

(c) Verification of income for adult household members who did not file an income tax return will be based upon one or more sources of information outlined below to obtain reasonably acceptable verification.

(1) Requests for statements of earnings reported to the Social Security Board are to be submitted only where earnings cannot otherwise be conclusively verified, such as tenants/cooperators who claim not to have worked, not to have filed income tax returns, or are employed by relatives. Requests for social security statement must be submitted on Social Security Administration form SSA-7004 and must show tenant's/cooperator's home address as return address. It is the responsibility of tenant/cooperator to deliver report to housing company office upon receipt. Social security records are usually not available until six months after completion of quarter.

(2) Notarized employer's statement signed by officer or responsible party of firm.

(3) Current and/or past pay stubs and pay envelopes if:

(i) they identify the recipient clearly;

(ii) are for a pay period within the past year; and

(iii) provide a reasonably clear basis for determining rate of pay. Tenants or cooperators should be advised to retain all such stubs or envelopes.

(4) Referee's report, in the case of workers' compensation.

(5) Tenants/cooperators unemployment insurance card, notification of benefits, D.P.U.I. tables and check stubs.

(6) Military pay tables, allotment tables, allotment checks and notarized statement from commanding officer of unit to which assigned, in case of service members.

(7) Notarized affidavits from person or persons making contributions, setting forth the amounts contributed and the dates of such contributions.

(8) Employer's report or standard allotments for tips or other considerations.

(d) The calculation of probable aggregate annual income described below is identical whether determining probable income for admission or for continued occupancy. In determining probable aggregate annual household income, income from all sources, including that of minors, will be taken into account with the following exceptions:

(1) $20,000 (or, if authorized by the division, a larger amount) of the earnings from the gainful employment of a minor under the age of 21 years.

(2) $20,000 (or, if authorized by the division, a larger amount) of each adult secondary wage-earners' earned income.

(3) Payments made by the State or a municipality for child care of foster children in private homes. For purposes of determination of probable aggregate annual income, a secondary wage earner is any gainfully employed adult member of the household other than the chief wage earner and the chief wage earner is the person who is primarily responsible for dependents in the household, whose income is generally from employment or self-employment and usually exceeds income of any other adult member of the household. Any question as to determination of chief wage earner should be resolved, if possible, on the basis of affording advantage to applicant or tenant.

(4) The personal exemptions and deductions for medical expenses as are actually taken by the taxpayer and the amounts received from Federal old age, survivors and disability insurance benefits.

(5) For the purpose of determining the eligibility for both admission and continued occupancy of tenant-cooperators, housing companies may, with the approval of the division, add the following amounts to the carrying charges listed in their schedules of income limits:

(i) the consideration the cooperator paid for such share;

(ii) any capital assessment and voluntary capital contributions approved by the division and paid by the cooperators to the housing company; and

(iii) a proportionate share of the actual aggregate amortization paid on all existing and prior mortgages on the housing company during such period as shall be fixed by the housing company, to the extent not already included in the consideration paid for such shares.

(e) Income, as determined by the housing company, is subject to review by the division upon submission of applications for admissions or transfers. In the case of continued occupancy, income determination is subject to review by the division.

(f) Payments made to tenants for child care by State, county or other governmental agencies for care of foster children in tenant's/cooperator's homes constitute reimbursement to the foster parents for money expended by the foster parents on behalf of the child. Such monies are therefore not to be included when determining probable aggregate annual income.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 1727-2.3