Title 9 Part 1627

Proper determination of income is extremely important as it constitutes one of the chief qualifications necessary under law for admission or continued occupancy of a person or family in State-aided low rent projects. The procedures involved in determining income are identical, whether for admission or continued occupancy; however, the maximum amount of income permitted, differs in each case.

It is responsibility of local housing authority to:

Note:

Interim rent adjustment policy (see subd. [k] above) and noninterim rent adjustment policy are alternate policies; only one of these policies may be adopted by an authority.

[Additional statutory authority: Public Housing Law, § 156] The following exemptions are authorized:

The only deduction presently approved is the following: money received by a veteran from a governmental agency to cover tuition, books and similar costs of educational courses being pursued by him under provisions of any veterans benefit act.

A close check should be made of this application form; no entry is to be left unanswered.

The failure, neglect or refusal of a tenant to furnish information concerning his income or that of any member of his household, or to cooperate in the verifying of such reported income will be considered as non-cooperation and will be assumed to indicate excess income. Such tenant will be notified of his ineligibility, increased to the vacating rent, and legal action taken to obtain his eviction as not complying with the rules and regulations of the authority. However, upon submission of proper documents, surcharges, if any, will be assessed on basis of verified income. In no event will credit be given for excess surcharges already assessed as a result of failure, neglect or refusal of tenant to cooperate in income determination as set forth in this section.

In addition to income limitations, applicants must also meet the following requirements for admission:

The existence of any one of these conditions must be verified by a home visit by an authority representative.

Satisfactory proof of such rent must be submitted by applicant.

Satisfactory proof of such disability in form of doctor's certificate must be submitted.

Applicant must have resided on project site or offside clearance area for a period of at least one year prior to date of acquisition of said areas.

Satisfactory proof of eviction cause must be submitted by applicant.

Under section 17 of the Public Housing Law, all eligible onsite and offsite residents shall be granted first preference over all other applicants.

Within the veteran and nonveteran listings of each eligible classification, preference shall be granted in the following order, except that whenever possible, as between families equally in need of housing and equally entitled to preference, first preference shall be given to families with lower income:

Rent entered on lease form shall be actual rent, including surcharges if any, being assessed tenant at the time the lease is signed. Any later increase or decrease from this actual rent resulting from a change in tenant's income shall be handled by a rent change authorization which will be an amendment to the lease. Changes in actual rent for any other reason shall require execution of a new lease.

At time of lease signing, tenant should be informed of his rights and obligations under the lease. Prompt payment of rent should be stressed. Tenant should be advised of the rules and regulations of tenancy, with special emphasis on the more important ones. Information should be available on activities conducted in project, location of schools and churches, necessity for notifying post office as to address change, and any other matters which might be helpful in his adjustment to his new home. Finally, he should be urged to ask any questions he might have.

Rules and regulations of tenancy should be established by the authority to provide reasonable control over tenant actions which might infringe on rights of other tenants to peaceful possession of their apartments or tend to impair residential character of project. Suggested rules and regulations are available from the division, but they should be reviewed and modified to meet local conditions. A copy of the rules and regulations adopted by the authority is to be filed with the division.

The effectiveness of the rules and regulations of tenancy depends on their impartial enforcement. Prompt handling of infractions is essential; persons concerned should realize that the authority will not tolerate any disregard for personal and property rights of other tenants or the authority.

Where a tenant has vacated, whether voluntarily or involuntarily, it is still the responsibility of the manager and counsel to locate such tenant and to collect all sums due the authority. In achieving this end, consideration should be given to utilizing the services of a credit bureau to locate a vacated tenant, ascertain his current employment and discover available assets, if any. Judgments should be secured, and garnishee placed if indicated.

Leases provide for termination of lease and tenancy thereunder by either authority or tenant at the end of any monthly term. Under normal circumstances, it is required that the party requesting termination provide the other with at least one month's notice in writing.

At time of a general rent change, a notice of intent to terminate current lease must be forwarded to tenant at least one month prior to effective date of such general rent change. A letter of information will be issued in conjunction with such notice, advising tenants that if they desire to continue in occupancy, they must report to the project's office to sign a new lease at the changed rent.

All authorities shall create and maintain an environment conducive to the good health, safety, morals, welfare and comfort of authority tenants. Persons whose conduct and behavior create effects and influences adverse and detrimental to the project and persons residing therein, interfere with and prevent the achievement of the objectives of the Public Housing Law. In order to effectuate the policy hereinabove set forth, to protect the property of the authority and to facilitate proper administration by the authority of its projects, the standard of desirabilityhereinafter set forth (see section 1627-7.2 of this Part) shall be followed by authorities in approving eligibility for admission or continued occupancy.