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This entry was published on 2022-04-22
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SECTION 156
Selection of tenants
Public Housing (PBG) CHAPTER 44-A, ARTICLE 8
§ 156. Selection of tenants. Subject to the terms of any loan or
subsidy contract with a government, an authority shall have the power to
select tenants for its projects. It shall observe the following
standards with respect thereto:

1. The dwellings in the project shall be available solely a. for
persons or families of low income whose probable aggregate annual income
during the period of occupancy does not exceed six times the rental
(including the value or cost to them of heat, light, water and cooking
fuel) of the dwellings to be furnished such persons or families, except
that in the case of persons or families with four or more dependents,
such ratio shall not exceed seven to one; in calculating annual income,
social security payments and income received from pension funds by any
person sixty-two years of age or more shall be excluded up to a total
maximum amount of seventy-five dollars per month;

b. also for 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 incurred in such service), provided some portion of the
period of service was between the first of November, nineteen hundred
fifty-five to the seventh day of May, nineteen hundred seventy-five, and

* (2) (i) have been thereafter discharged or released therefrom under
conditions other than dishonorable, or (ii) have a qualifying condition,
as defined in section three hundred fifty of the executive law, and have
received a discharge other than bad conduct or dishonorable from such
service, or (iii) are discharged LGBT veterans, as defined in section
three hundred fifty of the executive law, and have received a discharge
other than bad conduct or dishonorable from such service, or (iv) died
in such service, not more than five years prior to the time of
application for admission to such project, and

* NB Effective until April 1, 2023

* (2) (i) have been thereafter discharged or released therefrom under
conditions other than dishonorable, or (ii) have a qualifying condition,
as defined in section one of the veterans' services law, and have
received a discharge other than bad conduct or dishonorable from such
service, or (iii) are discharged LGBT veterans, as defined in section
one of the veterans' services law, and have received a discharge other
than bad conduct or dishonorable from such service, or (iv) died in such
service, not more than five years prior to the time of application for
admission to such project, and

* NB Effective April 1, 2023

(3) whose probable aggregate annual income during the period of
occupancy does not exceed seven times the rental (including the value or
cost to them of heat, light, water and cooking fuel) of the dwellings to
be furnished such persons or families, except that in the case of
persons or families with four or more dependents, such ratio shall not
exceed eight to one.

The "probable aggregate annual income" means the annual income of the
chief wage earner of the family plus all other income of other members
of the family over the age of twenty-one years, plus a proportion of the
income of members under the age of twenty-one years to be determined by
the authority solely for the purpose of establishing rent to be paid
except that the authority may exclude a proportion of the income of
other members of the family over the age of twenty-one years for the
purpose of determining eligibility for admission or continued occupancy,
or for establishing rental of such family, or for all such purposes,
subject to approval by the commissioner with respect to state projects.

2. The authority may rent or lease to a person or family a dwelling
unit, or to a duly authorized agency, as defined in section three
hundred seventy-one of the social services law, for the operation of
agency boarding homes or group homes or to a non-profit corporation
organized under the membership corporations law or to any public agency
as defined in section four hundred sixty-one of the general municipal
law which provides residences and social services to dependent aged
persons or to a social services official for any purpose authorized
under the social services law and for which the social services official
has authority to rent or lease dwelling units, one or more dwelling
units, consisting of a room or number of rooms, but no greater number
than it deems necessary to provide safe and sanitary accommodations to
the proposed occupants thereof, without overcrowding.

3. In the event that the income of the family residing in a project
increases and the ratio to the rental of the dwelling becomes greater
than prescribed by law at the time of their admission or in subdivision
one of this section, whichever is greater, and the income is not more
than fifty per centum above the family income so prescribed for
admission to the dwelling and such increased income continues for a
period of three months or more, the authority may permit the tenant to
continue to occupy his dwelling provided the authority is convinced that
the tenant cannot secure safe and sanitary dwelling from private
enterprise or by reason of other facts the removal of the family from
the project would occasion other undue hardship to the family. However,
the rent of such family shall be increased in proportion to its ability
to pay more, the amount of increase to be ruled upon and prescribed by
the authority for such cases.

4. In the event that the ratio of the income of the family to the
rental of the dwelling becomes greater than that prescribed by law at
the time of their admission or in subdivision one of this section,
whichever is greater, and is more than fifty per centum above the family
income so prescribed for admission to the dwelling and continues for a
period of three months, the authority shall require such family to
remove from the dwelling and may take such steps, including summary
proceedings, as are necessary to effect the removal of the family. A
three months' period shall be given the family to find new
accommodations. Pending removal from the dwelling, the rent of such
family shall be increased in proportion to its ability to pay more, the
amount of increase to be ruled upon and prescribed by the authority for
such cases.

5. Notwithstanding the foregoing provisions of this section, an
authority may establish income limits for continued occupancy for any
project aided by periodic cash subsidies, exceeding the limits otherwise
authorized under this section but not in excess of the highest income
limits approved by the commissioner for any state project in the
municipality. The provisions of this subdivision are intended solely for
the purpose of determining eligibility and not for the purpose of
determining rent to be paid.

6. Notwithstanding any provisions to the contrary contained in this
chapter, if an authority determines that any person or family of low
income residing in any project of the authority whose income exceeds the
limits for continued occupancy is unable to find decent, safe and
sanitary housing within its financial reach within the community
although making every reasonable effort to do so or because of special
circumstance the removal of such person or family would occasion undue
hardship such person or family may be permitted to remain in occupancy
for the duration of such a situation. The rent of such person or family
shall be increased in accordance with its ability to pay, the amount of
such increase to be prescribed by the authority.

7. A municipal housing authority created and established for a city of
one hundred thousand or more shall grant a preference in the selection
of tenants to members of a police force of such city provided that such
members otherwise qualify for occupancy in its projects and provided,
further, that such city has adopted a local law authorizing such
preference.