N.Y. Comp. Codes R. & Regs. tit. 9 § 1727-2.5

Current through Register Vol. 46, No. 17, April 24, 2024

Section 1727-2.5 - Income reexamination procedure-annual and interim changes

(a) Annual income reexamination procedure.

(1) Following the end of each calendar year, the division will issue a memorandum which explains the annual tenant income reexamination procedure set forth in this Chapter, the affidavit forms to be used, and the deadlines involved. Follow-up by the housing company should be made of any income affidavits not returned on time.

(2) The income affidavit should be carefully reviewed. If the affidavit reflects a change in household composition from the prior year's affidavit, documentation should be requested by the housing company. The division will refer income reported by residents who provide social security numbers to the New York State Department of Taxation and Finance for verification. However, income documentation by the housing company is required in the following circumstances:

(i) if certain deductions are claimed, as indicated in the housing company and tenant instructions accompanying the memorandum; or

(ii) if a resident 18 years of age or older does not provide a social security number or claims not to have filed a New York State income tax return.

If additional information or documentation is needed, a written request to that effect should be forwarded to tenant or cooperator and a copy of such request attached to "Occupant's Annual Affidavit of Family Income" form. The date on which information should be returned must be shown on notice and should normally be from 7 to 10 days from the date of the notice.

(b) Interim changes in rent. Interim changes in rent to reduce or remove surcharges should be made, if required, only in the following circumstances:

(1) tenant or household member is placed upon public assistance;

(2) a full-time employed household member permanently leaves the apartment;

(3) death or retirement of a household member who had income; or

(4) unemployment of a household member which has been continuous for at least three months.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 1727-2.5