S T A T E O F N E W Y O R K
________________________________________________________________________
9657--A
I N A S S E M B L Y
February 3, 2020
___________
Introduced by M. of A. CYMBROWITZ, BARNWELL, DE LA ROSA, JACOBSON,
LENTOL, L. ROSENTHAL, KIM, HUNTER, ORTIZ, BLAKE, QUART, JOYNER, WALK-
ER, HEVESI, AUBRY, EPSTEIN, MOSLEY, DINOWITZ, SIMOTAS, NIOU, BARRON,
REYES, TAYLOR, CRUZ -- read once and referred to the Committee on
Housing -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the public housing law, in relation to establishing the
housing access voucher program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public housing law is amended by adding a new article
14 to read as follows:
ARTICLE 14
HOUSING ACCESS VOUCHER PROGRAM
SECTION 600. LEGISLATIVE FINDINGS.
601. DEFINITIONS.
602. HOUSING ACCESS VOUCHER PROGRAM.
603. ELIGIBILITY.
604. FUNDING ALLOCATION AND DISTRIBUTION.
605. PAYMENT OF HOUSING VOUCHERS.
606. LEASES AND TENANCY.
607. RENTAL OBLIGATION.
608. MONTHLY ASSISTANCE PAYMENT.
609. INSPECTION OF UNITS BY PUBLIC HOUSING AGENCIES.
610. RENT.
611. VACATED UNITS.
612. LEASING OF UNITS OWNED BY A PUBLIC HOUSING AGENCY.
613. VERIFICATION OF INCOME.
614. DIVISION OF AN ASSISTED FAMILY.
615. MAINTENANCE OF EFFORT.
616. VOUCHERS STATEWIDE.
617. APPLICABLE CODES.
618. HOUSING CHOICE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15091-04-0
A. 9657--A 2
§ 600. LEGISLATIVE FINDINGS. THE LEGISLATURE FINDS THAT IT IS IN THE
PUBLIC INTEREST AND AN OBLIGATION OF THE STATE TO ENSURE THAT INDIVID-
UALS AND FAMILIES ARE NOT RENDERED HOMELESS BECAUSE OF AN INABILITY TO
PAY THE COST OF HOUSING, AND THAT THE STATE SHOULD AID INDIVIDUALS AND
FAMILIES WHO ARE HOMELESS OR FACE AN IMMINENT LOSS OF HOUSING IN OBTAIN-
ING AND MAINTAINING SUITABLE PERMANENT HOUSING IN ACCORDANCE WITH THE
PROVISIONS OF THIS ARTICLE.
§ 601. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "HOMELESS" MEANS LACKING A FIXED, REGULAR, AND ADEQUATE NIGHTTIME
RESIDENCE; HAVING A PRIMARY NIGHTTIME RESIDENCE THAT IS A PUBLIC OR
PRIVATE PLACE NOT DESIGNED FOR OR ORDINARILY USED AS A REGULAR SLEEPING
ACCOMMODATION FOR HUMAN BEINGS, INCLUDING A CAR, PARK, ABANDONED BUILD-
ING, BUS OR TRAIN STATION, AIRPORT, CAMPGROUND, OR OTHER PLACE NOT MEANT
FOR HUMAN HABITATION; LIVING IN A SUPERVISED PUBLICLY OR PRIVATELY OPER-
ATED SHELTER DESIGNATED TO PROVIDE TEMPORARY LIVING ARRANGEMENTS
(INCLUDING HOTELS AND MOTELS PAID FOR BY FEDERAL, STATE OR LOCAL GOVERN-
MENT PROGRAMS FOR LOW-INCOME INDIVIDUALS OR BY CHARITABLE ORGANIZATIONS,
CONGREGATE SHELTERS, OR TRANSITIONAL HOUSING); EXITING AN INSTITUTION
WHERE AN INDIVIDUAL OR FAMILY HAS RESIDED AND LACKING A REGULAR FIXED
AND ADEQUATE NIGHTTIME RESIDENCE UPON RELEASE OR DISCHARGE; BEING A
HOMELESS FAMILY WITH CHILDREN OR UNACCOMPANIED YOUTH DEFINED AS HOMELESS
UNDER FEDERAL STATUTE; HAVING EXPERIENCED A LONG-TERM PERIOD WITHOUT
LIVING INDEPENDENTLY IN PERMANENT HOUSING OR HAVING EXPERIENCED PERSIST-
ENT INSTABILITY AS MEASURED BY FREQUENT MOVES AND BEING REASONABLY
EXPECTED TO CONTINUE IN SUCH STATUS FOR AN EXTENDED PERIOD OF TIME
BECAUSE OF CHRONIC DISABILITIES, CHRONIC PHYSICAL HEALTH OR MENTAL
HEALTH CONDITIONS, SUBSTANCE ADDICTION, HISTORIES OF DOMESTIC VIOLENCE
OR CHILDHOOD ABUSE, THE PRESENCE OF A CHILD OR YOUTH WITH A DISABILITY,
MULTIPLE BARRIERS TO EMPLOYMENT, OR OTHER DANGEROUS OR LIFE-THREATENING
CONDITIONS, INCLUDING CONDITIONS THAT RELATE TO VIOLENCE AGAINST AN
INDIVIDUAL OR A FAMILY MEMBER.
2. "IMMINENT LOSS OF HOUSING" MEANS HAVING RECEIVED A VERIFIED RENT
DEMAND OR A PETITION FOR EVICTION; HAVING RECEIVED A COURT ORDER RESULT-
ING FROM AN EVICTION ACTION THAT NOTIFIES THE INDIVIDUAL OR FAMILY THAT
THEY MUST LEAVE THEIR HOUSING; FACING LOSS OF HOUSING DUE TO HAZARDOUS
CONDITIONS, INCLUDING BUT NOT LIMITED TO ASBESTOS, LEAD EXPOSURE, MOLD,
AND RADON; HAVING A PRIMARY NIGHTTIME RESIDENCE THAT IS A ROOM IN A
HOTEL OR MOTEL AND LACKING THE RESOURCES NECESSARY TO STAY; FACING LOSS
OF THE PRIMARY NIGHTTIME RESIDENCE, WHICH MAY INCLUDE LIVING IN THE HOME
OF ANOTHER HOUSEHOLD, WHERE THE OWNER OR RENTER OF THE HOUSING WILL NOT
ALLOW THE INDIVIDUAL OR FAMILY TO STAY, PROVIDED FURTHER, THAT AN
ASSERTION FROM AN INDIVIDUAL OR FAMILY MEMBER ALLEGING SUCH LOSS OF
HOUSING OR HOMELESSNESS SHALL BE SUFFICIENT TO ESTABLISH ELIGIBILITY; OR
FLEEING OR ATTEMPTING TO FLEE DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, STALKING, HUMAN TRAFFICKING OR OTHER DANGEROUS OR LIFE-THREAT-
ENING CONDITIONS THAT RELATE TO VIOLENCE AGAINST THE INDIVIDUAL OR A
FAMILY MEMBER, PROVIDED FURTHER THAT AN ASSERTION FROM AN INDIVIDUAL OR
FAMILY MEMBER ALLEGING SUCH ABUSE AND LOSS OF HOUSING SHALL BE SUFFI-
CIENT TO ESTABLISH ELIGIBILITY.
3. "PUBLIC HOUSING AGENCY" MEANS ANY COUNTY, MUNICIPALITY, OR OTHER
GOVERNMENTAL ENTITY OR PUBLIC BODY THAT IS AUTHORIZED TO ADMINISTER ANY
PUBLIC HOUSING PROGRAM (OR AN AGENCY OR INSTRUMENTALITY OF SUCH AN ENTI-
TY), AND ANY OTHER PUBLIC OR PRIVATE NON-PROFIT ENTITY THAT ADMINISTERS
ANY OTHER PUBLIC HOUSING PROGRAM OR ASSISTANCE.
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4. "FAMILY" MEANS A GROUP OF PERSONS RESIDING TOGETHER. SUCH GROUP
INCLUDES, BUT IS NOT LIMITED TO A FAMILY WITH OR WITHOUT CHILDREN (A
CHILD WHO IS TEMPORARILY AWAY FROM THE HOME BECAUSE OF PLACEMENT IN
FOSTER CARE IS CONSIDERED A MEMBER OF THE FAMILY) OR THE REMAINING
MEMBER OF A TENANT FAMILY. THE COMMISSIONER SHALL HAVE THE DISCRETION TO
DETERMINE IF ANY OTHER GROUP OF PERSONS QUALIFIES AS A FAMILY.
5. "INDIVIDUAL" MEANS A SINGLE PERSON.
6. "OWNER" MEANS ANY PRIVATE PERSON OR ANY ENTITY, INCLUDING A COOPER-
ATIVE, AN AGENCY OF THE FEDERAL GOVERNMENT, OR A PUBLIC HOUSING AGENCY,
HAVING THE LEGAL RIGHT TO LEASE OR SUBLEASE DWELLING UNITS.
7. "DWELLING UNIT" MEANS A SINGLE-FAMILY DWELLING, INCLUDING ATTACHED
STRUCTURES SUCH AS PORCHES AND STOOPS; OR A SINGLE-FAMILY DWELLING UNIT
IN A STRUCTURE THAT CONTAINS MORE THAN ONE SEPARATE RESIDENTIAL DWELLING
UNIT, AND IN WHICH EACH SUCH UNIT IS USED OR OCCUPIED, OR INTENDED TO BE
USED OR OCCUPIED, IN WHOLE OR IN PART, AS THE RESIDENCE OF ONE OR MORE
PERSONS.
8. "INCOME" MEANS INCOME FROM ALL SOURCES OF EACH MEMBER OF THE HOUSE-
HOLD, INCLUDING ALL WAGES, TIPS, OVER-TIME, SALARY, WELFARE ASSISTANCE,
SOCIAL SECURITY PAYMENTS, CHILD SUPPORT PAYMENTS, RETURNS ON INVEST-
MENTS, AND RECURRING GIFTS. THE TERM "INCOME" SHALL NOT INCLUDE:
EMPLOYMENT INCOME FROM CHILDREN UNDER EIGHTEEN YEARS OF AGE, EMPLOYMENT
INCOME FROM CHILDREN EIGHTEEN YEARS OF AGE OR OLDER WHO ARE FULL-TIME
STUDENTS, FOSTER CARE PAYMENTS, SPORADIC GIFTS, GROCERIES PROVIDED BY
PERSONS NOT LIVING IN THE HOUSEHOLD, SUPPLEMENTAL NUTRITION ASSISTANCE
PROGRAM (FOOD STAMP) BENEFITS, EARNED INCOME DISREGARD (EID), OR THE
EARNED INCOME TAX CREDIT.
9. "ADJUSTED INCOME" MEANS INCOME MINUS ANY DEDUCTIONS ALLOWABLE BY
THE RULES PROMULGATED BY THE COMMISSIONER PURSUANT TO THIS ARTICLE.
MANDATORY DEDUCTIONS SHALL INCLUDE:
(A) FOUR HUNDRED EIGHTY DOLLARS FOR EACH DEPENDENT;
(B) FOUR HUNDRED DOLLARS FOR ANY ELDERLY FAMILY MEMBER AND/OR A FAMILY
MEMBER WITH A DISABILITY;
(C) ANY REASONABLE CHILD CARE EXPENSES NECESSARY TO ENABLE A MEMBER OF
THE FAMILY TO BE EMPLOYED OR TO FURTHER HIS OR HER EDUCATION; AND
(D) THE SUM TOTAL OF UNREIMBURSED MEDICAL EXPENSES FOR EACH ELDERLY
FAMILY MEMBER AND/OR FAMILY MEMBER WITH A DISABILITY PLUS UNREIMBURSED
ATTENDANT CARE AND/OR MEDICAL APPARATUS EXPENSES FOR EACH MEMBER OF THE
FAMILY WITH A DISABILITY WHICH ARE NECESSARY FOR ANY MEMBER OF THE FAMI-
LY (INCLUDING THE MEMBER WHO IS A PERSON WITH A DISABILITY) TO BE
EMPLOYED GREATER THAN THREE PERCENT OF THE ANNUAL INCOME.
10. "REASONABLE RENT" MEANS RENT NOT MORE THAN THE RENT CHARGED ON
COMPARABLE UNITS IN THE PRIVATE UNASSISTED MARKET AND RENT CHARGED FOR
COMPARABLE UNASSISTED UNITS IN THE PREMISES.
11. "FAIR MARKET RENT" MEANS THE FAIR MARKET RENT FOR EACH RENTAL AREA
AS PROMULGATED ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT'S OFFICE OF POLICY DEVELOPMENT AND RESEARCH PURSUANT
TO 42 U.S.C. 1437F.
12. "VOUCHER" MEANS A DOCUMENT ISSUED BY THE HOUSING TRUST FUND CORPO-
RATION PURSUANT TO THIS ARTICLE TO AN INDIVIDUAL OR FAMILY SELECTED FOR
ADMISSION TO THE HOUSING ACCESS VOUCHER PROGRAM, WHICH DESCRIBES SUCH
PROGRAM AND THE PROCEDURES FOR APPROVAL OF A UNIT SELECTED BY THE FAMILY
AND STATES THE OBLIGATIONS OF THE INDIVIDUAL OR FAMILY UNDER THE
PROGRAM.
13. "LEASE" MEANS A WRITTEN AGREEMENT BETWEEN AN OWNER AND A TENANT
FOR THE LEASING OF A DWELLING UNIT TO THE TENANT. THE LEASE ESTABLISHES
THE CONDITIONS FOR OCCUPANCY OF THE DWELLING UNIT BY AN INDIVIDUAL OR
A. 9657--A 4
FAMILY WITH HOUSING ASSISTANCE PAYMENTS UNDER A CONTRACT BETWEEN THE
OWNER AND THE PUBLIC HOUSING AGENCY.
14. "DEPENDENT" MEANS ANY MEMBER OF THE FAMILY WHO IS NEITHER THE HEAD
OF HOUSEHOLD, NOR THE HEAD OF THE HOUSEHOLD'S SPOUSE, AND WHO IS:
(A) UNDER THE AGE OF EIGHTEEN;
(B) A PERSON WITH A DISABILITY; OR
(C) A FULL-TIME STUDENT.
15. "ELDERLY" MEANS A PERSON SIXTY-TWO YEARS OF AGE OR OLDER.
16. "CHILD CARE EXPENSES" MEANS EXPENSES RELATING TO THE CARE OF CHIL-
DREN UNDER THE AGE OF THIRTEEN.
17. "FEDERAL POVERTY LEVEL" MEANS A MEASURE OF INCOME PROMULGATED
ANNUALLY BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
PURSUANT TO 42 U.S.C. 9902 THAT ESTABLISHES A THRESHOLD FOR POVERTY IN
THE UNITED STATES BASED ON THE SIZE OF HOUSEHOLD.
18. "SEVERELY RENT BURDENED" MEANS THOSE INDIVIDUALS AND FAMILIES WHO
PAY MORE THAN FIFTY PERCENT OF THEIR INCOME IN RENT AS DEFINED BY THE
UNITED STATES CENSUS BUREAU.
19. "DISABILITY" MEANS:
(A) THE INABILITY TO ENGAGE IN ANY SUBSTANTIAL GAINFUL ACTIVITY BY
REASON OF ANY MEDICALLY DETERMINABLE PHYSICAL OR MENTAL IMPAIRMENT WHICH
CAN BE EXPECTED TO RESULT IN DEATH OR WHICH HAS LASTED OR CAN BE
EXPECTED TO LAST FOR A CONTINUOUS PERIOD OF NOT LESS THAN TWELVE MONTHS;
OR
(B) IN THE CASE OF AN INDIVIDUAL WHO HAS ATTAINED THE AGE OF FIFTY-
FIVE AND IS BLIND, THE INABILITY BY REASON OF SUCH BLINDNESS TO ENGAGE
IN SUBSTANTIAL GAINFUL ACTIVITY REQUIRING SKILLS OR ABILITIES COMPARABLE
TO THOSE OF ANY GAINFUL ACTIVITY IN WHICH THEY HAVE PREVIOUSLY ENGAGED
WITH SOME REGULARITY AND OVER A SUBSTANTIAL PERIOD OF TIME; OR
(C) A PHYSICAL, MENTAL, OR EMOTIONAL IMPAIRMENT WHICH:
(I) IS EXPECTED TO BE OF LONG-CONTINUED AND INDEFINITE DURATION;
(II) SUBSTANTIALLY IMPEDES HIS OR HER ABILITY TO LIVE INDEPENDENTLY;
AND
(III) IS OF SUCH A NATURE THAT SUCH ABILITY COULD BE IMPROVED BY MORE
SUITABLE HOUSING CONDITIONS; OR
(D) A DEVELOPMENTAL DISABILITY THAT IS A SEVERE, CHRONIC DISABILITY OF
AN INDIVIDUAL THAT:
(I) IS ATTRIBUTABLE TO A MENTAL OR PHYSICAL IMPAIRMENT OR COMBINATION
OF MENTAL AND PHYSICAL IMPAIRMENTS;
(II) IS MANIFESTED BEFORE THE INDIVIDUAL ATTAINS AGE TWENTY-TWO;
(III) IS LIKELY TO CONTINUE INDEFINITELY;
(IV) RESULTS IN SUBSTANTIAL FUNCTIONAL LIMITATIONS IN THREE OR MORE OF
THE FOLLOWING AREAS OF MAJOR LIFE ACTIVITY:
(A) SELF-CARE;
(B) RECEPTIVE AND EXPRESSIVE LANGUAGE;
(C) LEARNING;
(D) MOBILITY;
(E) SELF-DIRECTION;
(F) CAPACITY FOR INDEPENDENT LIVING; OR
(G) ECONOMIC SELF-SUFFICIENCY; AND
(V) REFLECTS THE INDIVIDUAL'S NEED FOR A COMBINATION AND SEQUENCE OF
SPECIAL, INTERDISCIPLINARY, OR GENERIC SERVICES, INDIVIDUALIZED
SUPPORTS, OR OTHER FORMS OF ASSISTANCE THAT ARE OF LIFELONG OR EXTENDED
DURATION AND ARE INDIVIDUALLY PLANNED AND COORDINATED.
§ 602. HOUSING ACCESS VOUCHER PROGRAM. THE COMMISSIONER, SUBJECT TO
THE APPROPRIATION OF FUNDS FOR THIS PURPOSE, SHALL IMPLEMENT A PROGRAM
OF RENTAL ASSISTANCE IN THE FORM OF HOUSING VOUCHERS FOR ELIGIBLE INDI-
A. 9657--A 5
VIDUALS AND FAMILIES WHO ARE HOMELESS OR WHO FACE AN IMMINENT LOSS OF
HOUSING IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. THE HOUSING
TRUST FUND CORPORATION SHALL ISSUE VOUCHERS PURSUANT TO THIS ARTICLE,
SUBJECT TO APPROPRIATION OF FUNDS FOR THIS PURPOSE, AND MAY CONTRACT
WITH THE DIVISION OF HOUSING AND COMMUNITY RENEWAL TO ADMINISTER ANY
ASPECT OF THIS PROGRAM IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTI-
CLE. THE COMMISSIONER SHALL DESIGNATE PUBLIC HOUSING AGENCIES IN THE
STATE TO MAKE VOUCHERS AVAILABLE TO SUCH INDIVIDUALS AND FAMILIES AND TO
ADMINISTER OTHER ASPECTS OF THE PROGRAM IN ACCORDANCE WITH THE
PROVISIONS OF THIS ARTICLE.
§ 603. ELIGIBILITY. ELIGIBILITY FOR THE HOUSING ACCESS VOUCHER PROGRAM
SHALL BE LIMITED TO INDIVIDUALS AND FAMILIES WHO ARE HOMELESS OR FACING
IMMINENT LOSS OF HOUSING. THE COMMISSIONER SHALL PROMULGATE STANDARDS
FOR DETERMINING ELIGIBILITY FOR THIS PROGRAM.
1. AN INDIVIDUAL OR FAMILY SHALL BE ELIGIBLE FOR THIS PROGRAM IF THEY
ARE HOMELESS OR FACING IMMINENT LOSS OF HOUSING AND HAVE AN INCOME OF NO
MORE THAN TWO HUNDRED FIFTY PERCENT OF THE FEDERAL POVERTY LEVEL.
2. AN INDIVIDUAL OR FAMILY IN RECEIPT OF RENTAL ASSISTANCE UNDER THIS
PROGRAM SHALL BE NO LONGER FINANCIALLY ELIGIBLE FOR ASSISTANCE UNDER
THIS PROGRAM WHEN THIRTY PERCENT OF THE INDIVIDUAL OR FAMILY'S ADJUSTED
INCOME IS GREATER THAN OR EQUAL TO THE TOTAL RENT FOR THE DWELLING UNIT.
3. WHEN AN INDIVIDUAL OR FAMILY BECOMES FINANCIALLY INELIGIBLE FOR
RENTAL ASSISTANCE UNDER THIS PROGRAM PURSUANT TO SUBDIVISION TWO OF THIS
SECTION, THE INDIVIDUAL OR FAMILY SHALL RETAIN RENTAL ASSISTANCE FOR A
PERIOD NO SHORTER THAN ONE YEAR.
4. INCOME ELIGIBILITY SHALL BE VERIFIED NO LESS FREQUENTLY THAN ANNU-
ALLY.
§ 604. FUNDING ALLOCATION AND DISTRIBUTION. 1. FUNDING SHALL BE ALLO-
CATED BY THE COMMISSIONER IN EACH COUNTY AND THE CITY OF NEW YORK IN
PROPORTION TO THE NUMBER OF HOUSEHOLDS IN EACH COUNTY OR THE CITY OF NEW
YORK WHO ARE SEVERELY RENT BURDENED.
2. THE COMMISSIONER SHALL BE RESPONSIBLE FOR DISTRIBUTING THE FUNDS
ALLOCATED IN EACH COUNTY OR THE CITY OF NEW YORK AMONG PUBLIC HOUSING
AGENCIES OPERATING IN EACH COUNTY OR IN THE CITY OF NEW YORK.
3. AT LEAST FIFTY PERCENT OF FUNDS DISTRIBUTED IN EACH COUNTY OR IN
THE CITY OF NEW YORK SHALL BE ALLOCATED TO INDIVIDUALS OR FAMILIES WHO
ARE HOMELESS.
4. AT LEAST EIGHTY-SEVEN AND ONE-HALF PERCENT OF FUNDS DISTRIBUTED IN
EACH COUNTY OR IN THE CITY OF NEW YORK SHALL BE ALLOCATED TO INDIVIDUALS
AND FAMILIES WHOSE INCOME DOES NOT EXCEED THE FEDERAL POVERTY LEVEL.
5. NO FUNDS MAY BE ALLOCATED UNDER THIS PROGRAM TO INDIVIDUALS OR
FAMILIES WHOSE INCOME EXCEEDS TWO HUNDRED FIFTY PERCENT OF THE FEDERAL
POVERTY LEVEL.
§ 605. PAYMENT OF HOUSING VOUCHERS. THE HOUSING VOUCHER SHALL BE PAID
DIRECTLY TO ANY OWNER UNDER A CONTRACT BETWEEN THE OWNER OF THE DWELLING
UNIT TO BE OCCUPIED BY THE VOUCHER RECIPIENT AND THE APPROPRIATE PUBLIC
HOUSING AGENCY. A HOUSING ASSISTANCE PAYMENT CONTRACT ENTERED INTO
PURSUANT TO THIS SECTION SHALL ESTABLISH THE MAXIMUM MONTHLY RENT
(INCLUDING UTILITIES AND ALL MAINTENANCE AND MANAGEMENT CHARGES) WHICH
THE OWNER IS ENTITLED TO RECEIVE FOR EACH DWELLING UNIT WITH RESPECT TO
WHICH SUCH ASSISTANCE PAYMENTS ARE TO BE MADE. THE MAXIMUM MONTHLY RENT
SHALL NOT EXCEED ONE HUNDRED TEN PERCENT NOR BE LESS THAN NINETY PERCENT
OF THE FAIR MARKET RENT FOR THE RENTAL AREA IN WHICH IT IS LOCATED.
FAIR MARKET RENT FOR A RENTAL AREA SHALL BE PUBLISHED NOT LESS THAN
ANNUALLY BY THE COMMISSIONER AND SHALL BE MADE AVAILABLE ON THE WEBSITE
OF NEW YORK STATE HOMES AND COMMUNITY RENEWAL.
A. 9657--A 6
§ 606. LEASES AND TENANCY. EACH HOUSING ASSISTANCE PAYMENT CONTRACT
ENTERED INTO BY A PUBLIC HOUSING AGENCY AND THE OWNER OF A DWELLING UNIT
SHALL PROVIDE:
1. THAT THE LEASE BETWEEN THE TENANT AND THE OWNER SHALL BE FOR A TERM
OF NOT LESS THAN ONE YEAR, EXCEPT THAT THE PUBLIC HOUSING AGENCY MAY
APPROVE A SHORTER TERM FOR AN INITIAL LEASE BETWEEN THE TENANT AND THE
DWELLING UNIT OWNER IF THE PUBLIC HOUSING AGENCY DETERMINES THAT SUCH
SHORTER TERM WOULD IMPROVE HOUSING OPPORTUNITIES FOR THE TENANT AND IF
SUCH SHORTER TERM IS CONSIDERED TO BE A PREVAILING LOCAL MARKET PRAC-
TICE;
2. THAT THE DWELLING UNIT OWNER SHALL OFFER LEASES TO TENANTS ASSISTED
UNDER THIS ARTICLE THAT:
(A) ARE IN A STANDARD FORM USED IN THE LOCALITY BY THE DWELLING UNIT
OWNER; AND
(B) CONTAIN TERMS AND CONDITIONS THAT:
(I) ARE CONSISTENT WITH STATE AND LOCAL LAW; AND
(II) APPLY GENERALLY TO TENANTS IN THE PROPERTY WHO ARE NOT ASSISTED
UNDER THIS ARTICLE;
(C) SHALL PROVIDE THAT DURING THE TERM OF THE LEASE, THE OWNER SHALL
NOT TERMINATE THE TENANCY EXCEPT FOR SERIOUS OR REPEATED VIOLATION OF
THE TERMS AND CONDITIONS OF THE LEASE, FOR VIOLATION OF APPLICABLE STATE
OR LOCAL LAW, OR FOR OTHER GOOD CAUSE, AND IN THE CASE OF AN OWNER WHO
IS AN IMMEDIATE SUCCESSOR IN INTEREST PURSUANT TO FORECLOSURE DURING THE
TERM OF THE LEASE VACATING THE PROPERTY PRIOR TO SALE SHALL NOT CONSTI-
TUTE OTHER GOOD CAUSE, EXCEPT THAT THE OWNER MAY TERMINATE THE TENANCY
EFFECTIVE ON THE DATE OF TRANSFER OF THE UNIT TO THE OWNER IF THE OWNER:
(I) WILL OCCUPY THE UNIT AS A PRIMARY RESIDENCE; AND
(II) HAS PROVIDED THE TENANT A NOTICE TO VACATE AT LEAST NINETY DAYS
BEFORE THE EFFECTIVE DATE OF SUCH NOTICE;
(D) SHALL PROVIDE THAT ANY TERMINATION OF TENANCY UNDER THIS SECTION
SHALL BE PRECEDED BY THE PROVISION OF WRITTEN NOTICE BY THE OWNER TO THE
TENANT SPECIFYING THE GROUNDS FOR THAT ACTION, AND ANY RELIEF SHALL BE
CONSISTENT WITH APPLICABLE STATE AND LOCAL LAW;
3. THAT ANY UNIT UNDER AN ASSISTANCE CONTRACT ORIGINATED UNDER THIS
ARTICLE SHALL ONLY BE OCCUPIED BY THE INDIVIDUAL OR FAMILY DESIGNATED IN
SAID CONTRACT AND SHALL BE THE DESIGNATED INDIVIDUAL OR FAMILY'S PRIMARY
RESIDENCE. CONTRACTS SHALL NOT BE TRANSFERABLE BETWEEN UNITS AND SHALL
NOT BE TRANSFERABLE BETWEEN RECIPIENTS. A FAMILY OR INDIVIDUAL MAY
TRANSFER THEIR VOUCHER TO A DIFFERENT UNIT UNDER A NEW CONTRACT PURSUANT
TO THIS ARTICLE;
4. THAT AN OWNER SHALL NOT CHARGE MORE THAN A REASONABLE RENT AS
DEFINED IN SECTION SIX HUNDRED ONE OF THIS ARTICLE.
§ 607. RENTAL OBLIGATION. 1. EACH RECIPIENT OF HOUSING ASSISTANCE
UNDER THE HOUSING ACCESS VOUCHER PROGRAM'S MONTHLY RENTAL OBLIGATION
SHALL BE THE GREATER OF:
(A) THIRTY PERCENT OF THE MONTHLY ADJUSTED INCOME OF THE FAMILY OR
INDIVIDUAL; OR
(B) IF THE FAMILY OR INDIVIDUAL IS RECEIVING PAYMENTS FOR WELFARE
ASSISTANCE FROM A PUBLIC AGENCY AND A PART OF THOSE PAYMENTS, ADJUSTED
IN ACCORDANCE WITH THE ACTUAL HOUSING COSTS OF THE FAMILY, IS SPECIF-
ICALLY DESIGNATED BY THAT AGENCY TO MEET THE HOUSING COSTS OF THE FAMI-
LY, THE PORTION OF THOSE PAYMENTS THAT IS SO DESIGNATED. THESE PAYMENTS
INCLUDE, BUT ARE NOT LIMITED TO ANY SHELTER ASSISTANCE OR HOUSING
ASSISTANCE ADMINISTERED BY ANY FEDERAL, STATE OR LOCAL AGENCY.
2. IF THE RENT FOR THE INDIVIDUAL OR FAMILY (INCLUDING THE AMOUNT
ALLOWED FOR TENANT-PAID UTILITIES) EXCEEDS THE APPLICABLE PAYMENT STAND-
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ARD ESTABLISHED UNDER SUBDIVISION ONE OF THIS SECTION, THE MONTHLY
ASSISTANCE PAYMENT FOR THE FAMILY SHALL BE EQUAL TO THE AMOUNT BY WHICH
THE APPLICABLE PAYMENT STANDARD EXCEEDS THE GREATER OF AMOUNTS UNDER
PARAGRAPHS (A) AND (B) OF SUBDIVISION ONE OF THIS SECTION.
§ 608. MONTHLY ASSISTANCE PAYMENT. 1. THE AMOUNT OF THE MONTHLY
ASSISTANCE PAYMENT WITH RESPECT TO ANY DWELLING UNIT SHALL BE THE
DIFFERENCE BETWEEN THE MAXIMUM MONTHLY RENT WHICH THE CONTRACT PROVIDES
THAT THE OWNER IS TO RECEIVE FOR THE UNIT AND THE RENT THE INDIVIDUAL OR
FAMILY IS REQUIRED TO PAY UNDER SECTION SIX HUNDRED SEVEN OF THIS ARTI-
CLE. REVIEWS OF INCOME SHALL BE MADE NO LESS FREQUENTLY THAN ANNUALLY.
2. THE COMMISSIONER SHALL ESTABLISH MAXIMUM RENT LEVELS FOR DIFFERENT
SIZED RENTALS IN EACH RENTAL AREA IN A MANNER THAT PROMOTES THE USE OF
THE PROGRAM IN ALL LOCALITIES BASED ON THE FAIR MARKET RENTAL OF THE
RENTAL AREA. RENTAL AREAS SHALL BE DELINEATED BY COUNTY, EXCEPTING THAT
THE CITY OF NEW YORK SHALL BE CONSIDERED ONE RENTAL AREA. THE COMMIS-
SIONER MAY RELY ON DATA OR OTHER INFORMATION PROMULGATED BY ANY OTHER
STATE OR FEDERAL AGENCY IN DETERMINING THE RENTAL AREAS AND FAIR MARKET
RENT.
3. THE PAYMENT STANDARD FOR EACH SIZE OF DWELLING UNIT IN A RENTAL
AREA SHALL NOT BE LESS THAN NINETY PERCENT AND SHALL NOT EXCEED ONE
HUNDRED TEN PERCENT OF THE FAIR MARKET RENT ESTABLISHED IN SECTION SIX
HUNDRED ONE OF THIS ARTICLE FOR THE SAME SIZE OF DWELLING UNIT IN THE
SAME RENTAL AREA, EXCEPT THAT THE COMMISSIONER SHALL NOT BE REQUIRED AS
A RESULT OF A REDUCTION IN THE FAIR MARKET RENT TO REDUCE THE PAYMENT
STANDARD APPLIED TO A FAMILY CONTINUING TO RESIDE IN A UNIT FOR WHICH
THE FAMILY WAS RECEIVING ASSISTANCE UNDER THIS ARTICLE AT THE TIME THE
FAIR MARKET RENT WAS REDUCED.
§ 609. INSPECTION OF UNITS BY PUBLIC HOUSING AGENCIES. 1. INITIAL
INSPECTION.
(A) FOR EACH DWELLING UNIT FOR WHICH A HOUSING ASSISTANCE PAYMENT
CONTRACT IS ESTABLISHED UNDER THIS ARTICLE, THE PUBLIC HOUSING AGENCY
(OR OTHER ENTITY PURSUANT TO SECTION SIX HUNDRED TWELVE OF THIS ARTICLE)
SHALL INSPECT THE UNIT BEFORE ANY ASSISTANCE PAYMENT IS MADE TO DETER-
MINE WHETHER THE DWELLING UNIT MEETS THE HOUSING QUALITY STANDARDS UNDER
SUBDIVISION TWO OF THIS SECTION, EXCEPT AS PROVIDED IN PARAGRAPH (B) OR
(C) OF THIS SUBDIVISION.
(B) IN THE CASE OF ANY DWELLING UNIT THAT IS DETERMINED, PURSUANT TO
AN INSPECTION UNDER PARAGRAPH (A) OF THIS SUBDIVISION, NOT TO MEET THE
HOUSING QUALITY STANDARDS UNDER SUBDIVISION TWO OF THIS SECTION, ASSIST-
ANCE PAYMENTS MAY BE MADE FOR THE UNIT NOTWITHSTANDING SUBDIVISION THREE
OF THIS SECTION IF FAILURE TO MEET SUCH STANDARDS IS A RESULT ONLY OF
NON-LIFE-THREATENING CONDITIONS, AS SUCH CONDITIONS ARE ESTABLISHED BY
THE COMMISSIONER. A PUBLIC HOUSING AGENCY MAKING ASSISTANCE PAYMENTS
PURSUANT TO THIS PARAGRAPH FOR A DWELLING UNIT SHALL, THIRTY DAYS AFTER
THE BEGINNING OF THE PERIOD FOR WHICH SUCH PAYMENTS ARE MADE, WITHHOLD
ANY ASSISTANCE PAYMENTS FOR THE UNIT IF ANY DEFICIENCY RESULTING IN
NONCOMPLIANCE WITH THE HOUSING QUALITY STANDARDS HAS NOT BEEN CORRECTED
BY SUCH TIME. THE PUBLIC HOUSING AGENCY SHALL RECOMMENCE ASSISTANCE
PAYMENTS WHEN SUCH DEFICIENCY HAS BEEN CORRECTED, AND MAY USE ANY
PAYMENTS WITHHELD TO MAKE ASSISTANCE PAYMENTS RELATING TO THE PERIOD
DURING WHICH PAYMENTS WERE WITHHELD.
(C) IN THE CASE OF ANY PROPERTY THAT WITHIN THE PREVIOUS TWENTY-FOUR
MONTHS HAS MET THE REQUIREMENTS OF AN INSPECTION THAT QUALIFIES AS AN
ALTERNATIVE INSPECTION METHOD PURSUANT TO SUBDIVISION FIVE OF THIS
SECTION, A PUBLIC HOUSING AGENCY MAY AUTHORIZE OCCUPANCY BEFORE THE
INSPECTION UNDER PARAGRAPH (A) OF THIS SUBDIVISION HAS BEEN COMPLETED,
A. 9657--A 8
AND MAY MAKE ASSISTANCE PAYMENTS RETROACTIVE TO THE BEGINNING OF THE
LEASE TERM AFTER THE UNIT HAS BEEN DETERMINED PURSUANT TO AN INSPECTION
UNDER PARAGRAPH (A) OF THIS SUBDIVISION TO MEET THE HOUSING QUALITY
STANDARDS UNDER SUBDIVISION TWO OF THIS SECTION. THIS PARAGRAPH MAY NOT
BE CONSTRUED TO EXEMPT ANY DWELLING UNIT FROM COMPLIANCE WITH THE
REQUIREMENTS OF SUBDIVISION FOUR OF THIS SECTION.
2. THE HOUSING QUALITY STANDARDS UNDER THIS SUBDIVISION SHALL BE STAN-
DARDS FOR SAFE AND HABITABLE HOUSING ESTABLISHED:
(A) BY THE COMMISSIONER FOR PURPOSES OF THIS SUBDIVISION; OR
(B) BY LOCAL HOUSING CODES OR BY CODES ADOPTED BY PUBLIC HOUSING AGEN-
CIES THAT:
(I) MEET OR EXCEED HOUSING QUALITY STANDARDS, EXCEPT THAT THE COMMIS-
SIONER MAY WAIVE THE REQUIREMENT UNDER THIS SUBPARAGRAPH TO SIGNIFICANT-
LY INCREASE ACCESS TO AFFORDABLE HOUSING AND TO EXPAND HOUSING OPPORTU-
NITIES FOR FAMILIES ASSISTED UNDER THIS ARTICLE, EXCEPT WHERE SUCH
WAIVER COULD ADVERSELY AFFECT THE HEALTH OR SAFETY OF FAMILIES ASSISTED
UNDER THIS ARTICLE; AND
(II) DO NOT SEVERELY RESTRICT HOUSING CHOICE.
3. THE DETERMINATION REQUIRED UNDER SUBDIVISION ONE OF THIS SECTION
SHALL BE MADE BY THE PUBLIC HOUSING AGENCY (OR OTHER ENTITY, AS PROVIDED
IN SECTION SIX HUNDRED TWELVE OF THIS ARTICLE) PURSUANT TO AN INSPECTION
OF THE DWELLING UNIT CONDUCTED BEFORE ANY ASSISTANCE PAYMENT IS MADE FOR
THE UNIT. INSPECTIONS OF DWELLING UNITS UNDER THIS SUBDIVISION SHALL BE
MADE BEFORE THE EXPIRATION OF THE FIFTEEN DAY PERIOD BEGINNING UPON A
REQUEST BY THE RESIDENT OR LANDLORD TO THE PUBLIC HOUSING AGENCY OR, IN
THE CASE OF ANY PUBLIC HOUSING AGENCY THAT PROVIDES ASSISTANCE UNDER
THIS ARTICLE ON BEHALF OF MORE THAN ONE THOUSAND TWO HUNDRED FIFTY FAMI-
LIES, BEFORE THE EXPIRATION OF A REASONABLE PERIOD BEGINNING UPON SUCH
REQUEST. THE PERFORMANCE OF THE AGENCY IN MEETING THE FIFTEEN DAY
INSPECTION DEADLINE SHALL BE TAKEN INTO CONSIDERATION IN ASSESSING THE
PERFORMANCE OF THE AGENCY.
4. (A) EACH PUBLIC HOUSING AGENCY PROVIDING ASSISTANCE UNDER THIS
ARTICLE (OR OTHER ENTITY, AS PROVIDED IN SECTION SIX HUNDRED TWELVE OF
THIS ARTICLE) SHALL, FOR EACH ASSISTED DWELLING UNIT, MAKE INSPECTIONS
NOT LESS OFTEN THAN ANNUALLY DURING THE TERM OF THE HOUSING ASSISTANCE
PAYMENTS CONTRACT FOR THE UNIT TO DETERMINE WHETHER THE UNIT IS MAIN-
TAINED IN ACCORDANCE WITH THE REQUIREMENTS UNDER SUBDIVISION ONE OF THIS
SECTION.
(B) THE REQUIREMENTS UNDER PARAGRAPH (A) OF THIS SUBDIVISION MAY BE
COMPLIED WITH BY USE OF INSPECTIONS THAT QUALIFY AS AN ALTERNATIVE
INSPECTION METHOD PURSUANT TO SUBDIVISION FIVE OF THIS SECTION.
(C) THE PUBLIC HOUSING AGENCY (OR OTHER ENTITY) SHALL RETAIN THE
RECORDS OF THE INSPECTION FOR A REASONABLE TIME, AS DETERMINED BY THE
COMMISSIONER.
5. AN INSPECTION OF A PROPERTY SHALL QUALIFY AS AN ALTERNATIVE
INSPECTION METHOD FOR PURPOSES OF THIS SUBDIVISION IF:
(A) THE INSPECTION WAS CONDUCTED PURSUANT TO REQUIREMENTS UNDER A
FEDERAL, STATE, OR LOCAL HOUSING PROGRAM; AND
(B) PURSUANT TO SUCH INSPECTION, THE PROPERTY WAS DETERMINED TO MEET
THE STANDARDS OR REQUIREMENTS REGARDING HOUSING QUALITY OR SAFETY APPLI-
CABLE TO PROPERTIES ASSISTED UNDER SUCH PROGRAM, AND, IF A NON-STATE
STANDARD OR REQUIREMENT WAS USED, THE PUBLIC HOUSING AGENCY HAS CERTI-
FIED TO THE COMMISSIONER THAT SUCH STANDARD OR REQUIREMENT PROVIDES THE
SAME (OR GREATER) PROTECTION TO OCCUPANTS OF DWELLING UNITS MEETING SUCH
STANDARD OR REQUIREMENT AS WOULD THE HOUSING QUALITY STANDARDS UNDER
SUBDIVISION TWO OF THIS SECTION.
A. 9657--A 9
6. UPON NOTIFICATION TO THE PUBLIC HOUSING AGENCY, BY AN INDIVIDUAL OR
FAMILY (ON WHOSE BEHALF TENANT-BASED RENTAL ASSISTANCE IS PROVIDED UNDER
THIS ARTICLE) OR BY A GOVERNMENT OFFICIAL, THAT THE DWELLING UNIT FOR
WHICH SUCH ASSISTANCE IS PROVIDED DOES NOT COMPLY WITH THE HOUSING QUAL-
ITY STANDARDS UNDER SUBDIVISION TWO OF THIS SECTION, THE PUBLIC HOUSING
AGENCY SHALL INSPECT THE DWELLING UNIT:
(A) IN THE CASE OF ANY CONDITION THAT IS LIFE-THREATENING, WITHIN
TWENTY-FOUR HOURS AFTER THE AGENCY'S RECEIPT OF SUCH NOTIFICATION,
UNLESS WAIVED BY THE COMMISSIONER IN EXTRAORDINARY CIRCUMSTANCES; AND
(B) IN THE CASE OF ANY CONDITION THAT IS NOT LIFE-THREATENING, WITHIN
A REASONABLE TIME FRAME, AS DETERMINED BY THE COMMISSIONER.
7. THE COMMISSIONER SHALL ESTABLISH PROCEDURAL GUIDELINES AND PERFORM-
ANCE STANDARDS TO FACILITATE INSPECTIONS OF DWELLING UNITS AND CONFORM
SUCH INSPECTIONS WITH PRACTICES UTILIZED IN THE PRIVATE HOUSING MARKET.
SUCH GUIDELINES AND STANDARDS SHALL TAKE INTO CONSIDERATION VARIATIONS
IN LOCAL LAWS AND PRACTICES OF PUBLIC HOUSING AGENCIES AND SHALL PROVIDE
FLEXIBILITY TO AGENCIES APPROPRIATE TO FACILITATE EFFICIENT PROVISION OF
ASSISTANCE UNDER THIS SECTION.
§ 610. RENT. 1. THE RENT FOR DWELLING UNITS FOR WHICH A HOUSING
ASSISTANCE PAYMENT CONTRACT IS ESTABLISHED UNDER THIS ARTICLE SHALL BE
REASONABLE IN COMPARISON WITH RENTS CHARGED FOR COMPARABLE DWELLING
UNITS IN THE PRIVATE, UNASSISTED LOCAL MARKET.
2. A PUBLIC HOUSING AGENCY (OR OTHER ENTITY, AS PROVIDED IN SECTION
SIX HUNDRED TWELVE OF THIS ARTICLE) SHALL, AT THE REQUEST OF AN INDIVID-
UAL OR FAMILY RECEIVING TENANT-BASED ASSISTANCE UNDER THIS ARTICLE,
ASSIST THAT INDIVIDUAL OR FAMILY IN NEGOTIATING A REASONABLE RENT WITH A
DWELLING UNIT OWNER. A PUBLIC HOUSING AGENCY (OR OTHER SUCH ENTITY)
SHALL REVIEW THE RENT FOR A UNIT UNDER CONSIDERATION BY THE INDIVIDUAL
OR FAMILY (AND ALL RENT INCREASES FOR UNITS UNDER LEASE BY THE INDIVID-
UAL OR FAMILY) TO DETERMINE WHETHER THE RENT (OR RENT INCREASE)
REQUESTED BY THE OWNER IS REASONABLE. IF A PUBLIC HOUSING AGENCY (OR
OTHER SUCH ENTITY) DETERMINES THAT THE RENT (OR RENT INCREASE) FOR A
DWELLING UNIT IS NOT REASONABLE, THE PUBLIC HOUSING AGENCY (OR OTHER
SUCH ENTITY) SHALL NOT MAKE HOUSING ASSISTANCE PAYMENTS TO THE OWNER
UNDER THIS SUBDIVISION WITH RESPECT TO THAT UNIT.
3. IF A DWELLING UNIT FOR WHICH A HOUSING ASSISTANCE PAYMENT CONTRACT
IS ESTABLISHED UNDER THIS ARTICLE IS EXEMPT FROM LOCAL RENT CONTROL
PROVISIONS DURING THE TERM OF THAT CONTRACT, THE RENT FOR THAT UNIT
SHALL BE REASONABLE IN COMPARISON WITH OTHER UNITS IN THE RENTAL AREA
THAT ARE EXEMPT FROM LOCAL RENT CONTROL PROVISIONS.
4. EACH PUBLIC HOUSING AGENCY SHALL MAKE TIMELY PAYMENT OF ANY AMOUNTS
DUE TO A DWELLING UNIT OWNER UNDER THIS SECTION. THE HOUSING ASSISTANCE
PAYMENT CONTRACT BETWEEN THE OWNER AND THE PUBLIC HOUSING AGENCY MAY
PROVIDE FOR PENALTIES FOR THE LATE PAYMENT OF AMOUNTS DUE UNDER THE
CONTRACT, WHICH SHALL BE IMPOSED ON THE PUBLIC HOUSING AGENCY IN ACCORD-
ANCE WITH GENERALLY ACCEPTED PRACTICES IN THE LOCAL HOUSING MARKET.
5. UNLESS OTHERWISE AUTHORIZED BY THE COMMISSIONER, EACH PUBLIC HOUS-
ING AGENCY SHALL PAY ANY PENALTIES FROM ADMINISTRATIVE FEES COLLECTED BY
THE PUBLIC HOUSING AGENCY, EXCEPT THAT NO PENALTY SHALL BE IMPOSED IF
THE LATE PAYMENT IS DUE TO FACTORS THAT THE COMMISSIONER DETERMINES ARE
BEYOND THE CONTROL OF THE PUBLIC HOUSING AGENCY.
§ 611. VACATED UNITS. IF AN ASSISTED FAMILY VACATES A DWELLING UNIT
FOR WHICH RENTAL ASSISTANCE IS PROVIDED UNDER A HOUSING ASSISTANCE
PAYMENT CONTRACT BEFORE THE EXPIRATION OF THE TERM OF THE LEASE FOR THE
UNIT, RENTAL ASSISTANCE PURSUANT TO SUCH CONTRACT MAY NOT BE PROVIDED
FOR THE UNIT AFTER THE MONTH DURING WHICH THE UNIT WAS VACATED.
A. 9657--A 10
§ 612. LEASING OF UNITS OWNED BY A PUBLIC HOUSING AGENCY. 1. IF AN
ELIGIBLE INDIVIDUAL OR FAMILY ASSISTED UNDER THIS ARTICLE LEASES A
DWELLING UNIT (OTHER THAN A PUBLIC HOUSING DWELLING UNIT) THAT IS OWNED
BY A PUBLIC HOUSING AGENCY ADMINISTERING ASSISTANCE TO THAT INDIVIDUAL
OR FAMILY UNDER THIS SECTION, THE COMMISSIONER SHALL REQUIRE THE UNIT OF
GENERAL LOCAL GOVERNMENT OR ANOTHER ENTITY APPROVED BY THE COMMISSIONER,
TO MAKE INSPECTIONS REQUIRED UNDER SECTION SIX HUNDRED NINE OF THIS
ARTICLE AND RENT DETERMINATIONS REQUIRED UNDER SECTION SIX HUNDRED TEN
OF THIS ARTICLE. THE AGENCY SHALL BE RESPONSIBLE FOR ANY EXPENSES OF
SUCH INSPECTIONS AND DETERMINATIONS.
2. FOR PURPOSES OF THIS SECTION, THE TERM "OWNED BY A PUBLIC HOUSING
AGENCY" MEANS, WITH RESPECT TO A DWELLING UNIT, THAT THE DWELLING UNIT
IS IN A PROJECT THAT IS OWNED BY SUCH AGENCY, BY AN ENTITY WHOLLY
CONTROLLED BY SUCH AGENCY, OR BY A LIMITED LIABILITY COMPANY OR LIMITED
PARTNERSHIP IN WHICH SUCH AGENCY (OR AN ENTITY WHOLLY CONTROLLED BY SUCH
AGENCY) HOLDS A CONTROLLING INTEREST IN THE MANAGING MEMBER OR GENERAL
PARTNER. A DWELLING UNIT SHALL NOT BE DEEMED TO BE OWNED BY A PUBLIC
HOUSING AGENCY FOR PURPOSES OF THIS SECTION BECAUSE THE AGENCY HOLDS A
FEE INTEREST AS GROUND LESSOR IN THE PROPERTY ON WHICH THE UNIT IS SITU-
ATED, HOLDS A SECURITY INTEREST UNDER A MORTGAGE OR DEED OF TRUST ON THE
UNIT, OR HOLDS A NON-CONTROLLING INTEREST IN AN ENTITY WHICH OWNS THE
UNIT OR IN THE MANAGING MEMBER OR GENERAL PARTNER OF AN ENTITY WHICH
OWNS THE UNIT.
§ 613. VERIFICATION OF INCOME. THE COMMISSIONER SHALL ESTABLISH PROCE-
DURES WHICH ARE APPROPRIATE AND NECESSARY TO ASSURE THAT INCOME DATA
PROVIDED TO THE PUBLIC HOUSING AGENCY AND OWNERS BY INDIVIDUALS AND
FAMILIES APPLYING FOR OR RECEIVING ASSISTANCE UNDER THIS ARTICLE IS
COMPLETE AND ACCURATE. IN ESTABLISHING SUCH PROCEDURES, THE COMMISSIONER
SHALL RANDOMLY, REGULARLY, AND PERIODICALLY SELECT A SAMPLE OF FAMILIES
TO AUTHORIZE THE COMMISSIONER TO OBTAIN INFORMATION ON THESE FAMILIES
FOR THE PURPOSE OF INCOME VERIFICATION, OR TO ALLOW THOSE FAMILIES TO
PROVIDE SUCH INFORMATION THEMSELVES. SUCH INFORMATION MAY INCLUDE, BUT
IS NOT LIMITED TO, DATA CONCERNING UNEMPLOYMENT COMPENSATION AND FEDERAL
INCOME TAXATION AND DATA RELATING TO BENEFITS MADE AVAILABLE UNDER THE
SOCIAL SECURITY ACT, 42 U.S.C. 301 ET SEQ., THE FOOD AND NUTRITION ACT
OF 2008, 7 U.S.C. 2011 ET SEQ., OR TITLE 38 OF THE UNITED STATE CODE.
ANY SUCH INFORMATION RECEIVED PURSUANT TO THIS SECTION SHALL REMAIN
CONFIDENTIAL AND SHALL BE USED ONLY FOR THE PURPOSE OF VERIFYING INCOMES
IN ORDER TO DETERMINE ELIGIBILITY OF INDIVIDUALS AND FAMILIES FOR BENE-
FITS (AND THE AMOUNT OF SUCH BENEFITS, IF ANY) UNDER THIS ARTICLE.
§ 614. DIVISION OF AN ASSISTED FAMILY. 1. IN THOSE INSTANCES WHERE A
FAMILY ASSISTED UNDER THIS ARTICLE BECOMES DIVIDED INTO TWO OTHERWISE
ELIGIBLE INDIVIDUALS OR FAMILIES DUE TO DIVORCE, LEGAL SEPARATION OR THE
DIVISION OF THE FAMILY, WHERE THE NEW UNITS CANNOT AGREE AS TO WHICH NEW
UNIT SHOULD CONTINUE TO RECEIVE THE ASSISTANCE, AND WHERE THERE IS NO
DETERMINATION BY A COURT, THE PUBLIC HOUSING AUTHORITY SHALL CONSIDER
THE FOLLOWING FACTORS TO DETERMINE WHICH OF THE INDIVIDUALS OR FAMILIES
WILL CONTINUE TO BE ASSISTED:
(A) WHICH OF THE NEW UNITS HAS CUSTODY OF DEPENDENT CHILDREN;
(B) WHICH FAMILY MEMBER WAS THE HEAD OF HOUSEHOLD WHEN THE VOUCHER WAS
INITIALLY ISSUED (LISTED ON THE INITIAL APPLICATION);
(C) THE COMPOSITION OF THE NEW UNITS AND WHICH UNIT INCLUDES ELDERLY
OR DISABLED MEMBERS;
(D) WHETHER DOMESTIC VIOLENCE WAS INVOLVED IN THE BREAKUP OF THE FAMI-
LY UNIT;
(E) WHICH FAMILY MEMBERS REMAIN IN THE UNIT; AND
A. 9657--A 11
(F) RECOMMENDATIONS OF SOCIAL SERVICE PROFESSIONALS.
2. DOCUMENTATION OF THESE FACTORS WILL BE THE RESPONSIBILITY OF THE
REQUESTING PARTIES. IF DOCUMENTATION IS NOT PROVIDED, THE PUBLIC HOUSING
AGENCY WILL TERMINATE ASSISTANCE ON THE BASIS OF FAILURE TO PROVIDE
INFORMATION NECESSARY FOR A RECERTIFICATION.
§ 615. MAINTENANCE OF EFFORT. ANY FUNDS MADE AVAILABLE PURSUANT TO
THIS ARTICLE SHALL NOT BE USED TO OFFSET OR REDUCE THE AMOUNT OF FUNDS
PREVIOUSLY EXPENDED FOR THE SAME OR SIMILAR PROGRAMS IN A PRIOR YEAR IN
ANY COUNTY OR IN THE CITY OF NEW YORK, BUT SHALL BE USED TO SUPPLEMENT
ANY PRIOR YEAR'S EXPENDITURES. THE COMMISSIONER MAY GRANT AN EXCEPTION
TO THIS REQUIREMENT IF ANY COUNTY, MUNICIPALITY, OR OTHER GOVERNMENTAL
ENTITY OR PUBLIC BODY CAN AFFIRMATIVELY SHOW THAT SUCH AMOUNT OF FUNDS
PREVIOUSLY EXPENDED IS IN EXCESS OF THE AMOUNT NECESSARY TO PROVIDE
ASSISTANCE TO ALL INDIVIDUALS AND FAMILIES WITHIN THE AREA IN WHICH THE
FUNDS WERE PREVIOUSLY EXPENDED WHO ARE HOMELESS OR FACING AN IMMINENT
LOSS OF HOUSING.
§ 616. VOUCHERS STATEWIDE. NOTWITHSTANDING SECTION SIX HUNDRED SIX OF
THIS ARTICLE, ANY VOUCHER ISSUED PURSUANT TO THIS ARTICLE MAY BE USED
FOR HOUSING ANYWHERE IN THE STATE. THE COMMISSIONER SHALL INFORM VOUCHER
HOLDERS THAT A VOUCHER MAY BE USED ANYWHERE IN THE STATE AND, TO THE
EXTENT PRACTICABLE, THE COMMISSIONER SHALL ASSIST VOUCHER HOLDERS IN
FINDING HOUSING IN THE AREA OF THEIR CHOICE.
§ 617. APPLICABLE CODES. HOUSING ELIGIBLE FOR PARTICIPATION IN THE
HOMELESS ACCESS VOUCHER PROGRAM SHALL COMPLY WITH APPLICABLE STATE AND
LOCAL HEALTH, HOUSING, BUILDING AND SAFETY CODES.
§ 618. HOUSING CHOICE. 1. THE COMMISSIONER SHALL ADMINISTER THE HOME-
LESS ACCESS VOUCHER PROGRAM UNDER THIS ARTICLE TO PROMOTE HOUSING CHOICE
FOR VOUCHER HOLDERS. THE COMMISSIONER SHALL AFFIRMATIVELY PROMOTE FAIR
HOUSING TO THE EXTENT POSSIBLE UNDER THIS PROGRAM.
2. NOTHING IN THIS ARTICLE SHALL LESSEN OR ABRIDGE ANY FAIR HOUSING
OBLIGATIONS PROMULGATED BY MUNICIPALITIES, LOCALITIES, OR ANY OTHER
APPLICABLE JURISDICTION.
§ 2. This act shall take effect on the first of October next succeed-
ing the date on which it shall have become a law. Effective immediately,
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.