* § 609. Payment of housing vouchers. 1. 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 housing access voucher local administrator. The commissioner
shall determine the form of the housing assistance payment contract and
the method of payment. A housing assistance payment contract entered
into pursuant to this section shall establish the payment standard
(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 payment standard
shall not exceed one hundred twenty percent nor be less than ninety
percent of the fair market rent for the rental area in which it is
located. Fair market rent shall be determined pursuant to the procedures
and standards as set forth in the Federal Housing Choice voucher
program, as set forth in the applicable sections of Part 888 of Title 24
of the Code of Federal Regulations. 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.

2. A housing assistance payment contract entered into pursuant to
subdivision one of this section may provide for an initial payment of up
to five months of rent arrears that have accrued during prior occupancy
of a dwelling unit by a voucher recipient if such payment of arrears is
necessary to continue such voucher recipient's occupancy of such
dwelling unit, and thereby prevent imminent loss of housing.

* NB Expires May 1, 2030