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Compiled text through Sep 15, 2021Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

All 31 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 1727-1.1 - General

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

The selection of tenants or cooperators by housing companies established under the Private Housing Finance Law is governed by provisions of this section, except that federally assisted projects shall conform to any HUD rules and regulations which are at variance with those herein.

(a)Housing companies shall process applications through the division's web-based Mitchell-Lama Automated Waiting List (AWL).

(b)Except as hereinafter provided in this section, all segments of the public will have an equal opportunity to apply for apartments.

(c)No prospective applicant will be rejected because of race, creed, color, national origin, sexual orientation, military status, sex, age, disability, marital status, or familial status, except that an applicant must be at least 18 years of age and in the case of senior citizen developments meet their age requirements at the time of application. The housing company and its managing agent shall comply with all Federal and State fair housing, nondiscrimination and civil rights laws. Any complaints in writing alleging violations of these laws shall immediately be referred to the division for appropriate action.

(d)All applications will be processed in an equitable manner.

(e)Applications must identify all of the applicants as well as any additional prospective residents. The prospective household composition must conform to the occupancy standards for the dwelling unit size requested at the time of application and at the time of availability. Applicants and any additional prospective residents must be living together at the time of application and at the time of availability; provided, however, that a housing company may adopt a uniform policy, but is not required to, which allows changes in household composition to be made on condition that an original adult applicant must remain on the application at all times and move in at the time of availability.

(f)Income of prospective tenant or cooperator will not exceed the applicable income limit either at the time of application or at the time of apartment availability.

(g)Applications for admission and intraproject transfer require the division's approval prior to assignment of the dwelling unit.

(h)Vietnam veteran's preference. Preference in admission to a project shall be given by a limited profit housing company (including those companies participating in the low rent assistance program) to 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 in such service), provided some portion of the period of service was between February 28, 1961 and May 7, 1975, the official date of the termination of the conflict in Vietnam; and

(2)have been thereafter discharged or released therefrom under conditions other than dishonorable, or died in such service, not more than five years prior to the time of application for admission to the project.

(i)Disabled veterans preference.

Preference in admission to a project with an open waiting list, as determined by the division, shall be given to disabled veterans as such term is defined pursuant to section 85 of the Civil Service Law. For projects with a closed list, as determined by the division, such preference shall be given upon the opening of the waiting list. Notwithstanding the foregoing, persons who are already residing in a project shall be given first priority for an internal transfer within the housing development in which they are residing in accordance with section 1727-1.3 of this Subpart.

(j)Priority in admission for applicants found eligible in accordance with the provisions of subdivisions (a) through (i) of this section shall, in accordance with an affirmative fair housing marketing plan approved by the division, be determined as follows:

(1)First, in the following order, applicants qualifying as project displacees (families displaced by a limited profit housing project):

(i)Vietnam veterans or their surviving spouses;

(ii)disabled veterans; and

(iii)all other qualified persons.

(2)Second, in the following order, applicants not qualifying as project displacees:

(i)Vietnam veterans or their surviving spouses;

(ii)disabled veterans;

(iii)where housing developments have apartments which were designed for or modified to accommodate aged or mobility-impaired persons, as the case may be, priority for such apartments is to be given to applicants whose households include aged or mobility-impaired persons. However, such priorities should not result in any such applicant being denied a standard apartment;

(iv)categories of applicants established by:

(a)either the State or Federal government for programs in which the housing company is a participant; or

(b)the division in response to emergency situations in a ratio to be determined by the division; and

(v)all other qualified persons.

(3)These priorities shall apply to new tenants only and not to intra-project transfers, except in the case of those tenants who are aged or mobility-impaired pursuant to section 1727-1.3(c)(2)(iii) of this Subpart.

(k)Housing companies are required to have in effect an affirmative fair housing marketing plan. In order to qualify for approval by the division, such plan shall include, but not be limited to: identifying those racial/ethnic groups which have traditionally not applied for admission to the projects because of neighborhood characteristics or other factors; identifying those racial/ethnic groups which are least likely to apply in the future unless there is special outreach to attract them; identifying which community, religious, civil or fraternal organizations will be utilized in conducting this outreach, with a description of how they will be utilized, and a description of any other advertising and promotion techniques to be undertaken in connection with sales or rental activity. Affirmative fair housing marketing plans will be evaluated on the basis of their appropriateness and potential effectiveness in attracting target groups to the project for future occupancy. In addition, implementation capability by existing rental/sales staff, and project profiles on current rent or carrying charges, vacancy rates and the size of waiting lists, will be taken into consideration in the evaluation process.

(l)Upon the request of the division, the housing company shall report on any and all aspects of its fair housing practices. Areas of concern shall include, but not be limited to, the provisions of this section, processing of applications, maintaining of waiting lists, and the initiation and implementation of a sales and marketing program.

9 NYCRR 1727-1.2 - Marketing and processing of application requests

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)At the initiation of a sales or rental program by the housing company or as directed by the division, the housing company must place an advertisement, approved by the division, in the media most likely to be used by applicants, including publications and outlets serving minority populations as approved by the division, so that all segments of the public are aware of the availability of apartments. The advertisement shall include the words “Equal Housing Opportunity” and “Supervised by the New York State Division of Housing and Community Renewal” in the copy.

(b)The advertisement should also specify that the number of applications may be limited. Applications will be mailed only to persons making inquiries on or before the date as specified in the advertisement. All such applications must be mailed at one time to provide an equal opportunity for all applicants.

(c)Applications will be mailed to persons making inquiries after the closing date only if there are insufficient applications to meet the project needs. Such applications, not in excess of estimated project needs, will be issued according to date of receipt of inquiry.

9 NYCRR 1727-1.3 - Processing of applications

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)Intra-project transfers shall be given priority for available apartments over other waiting list applicants. Notwithstanding the foregoing, one of every four available apartments shall be set aside and offered to an applicant on the outside waiting list.

(b)Housing companies must establish a written transfer policy. This policy should state whether or not lateral transfers, i.e., intra-project transfers between apartments with the same bedroom size, are permitted, and, if so, under what circumstances, and should state that the following criteria must be met for all transfers:

(1)tenant must be occupying current apartment in accordance with requirements of this Chapter;

(2)tenant must meet the occupancy standards for the apartment size requested at the time of application and of apartment availability, or the transfer must improve a condition of overcrowding or underutilization;

(3)all costs related to the transfer, including but not limited to any rent loss, must be borne by the tenant;

(4)all transfers are subject to division prior approval; and

(5)the resultant residual apartment may be offered to any applicant in accordance with established procedures.

(c)Applications, on a form approved by the division, shall be available in the housing development's rental or management office.

(1)Applicants shall return the completed application, together with a nonrefundable processing fee, payable to the housing company, in an amount not to exceed $75.

(2)At the time of application, the housing company shall advise the applicant of eligibility criteria for occupancy and of the procedure followed in processing applications, and shall furnish as a minimum the following:

(i)print-out of the AWL application summary screen showing pertinent application information and the number assigned or a copy of the application time, date-stamped, and numbered;

(ii)statement that applicant is obligated and responsible to advise the housing company in writing of any change of address or family composition within 30 days of such occurrence, and the housing company is obligated to correct its records to reflect such change; and

(iii)for housing developments which contain apartments specifically designed for the mobility-impaired, a request for any information concerning a mobility-impairment of applicant or member of applicant's family which would allow for a priority hereunder.

(3)Upon receipt, information on each admission and transfer application is to be time and date-stamped consecutively and recorded in order of receipt in the AWL or issued an application number and entered in a permanently bound book, in which will be recorded in separate columns, in ink, the application number, date received, the applicant's name and address, family composition, family income, apartment size and priority. The housing company shall annotate the application information to reflect the: credit check status, eligibility, address updates, apartment offerings, refusals, acceptance, basis for inadmission, if any, and cancellation. Upon request of the division, the housing company shall furnish to the division a copy of this book or any portion thereof.

(d)Upon the availability of an apartment, prospective applicants in numbers sufficient to fill the expected vacancy shall be notified of such availability in the order of their applications. Such notification may be by telephone but must be confirmed by mail. A copy of all notification letters shall be retained by the housing company. This letter shall include:

(1)the current numerical position of applicant for the size of apartment being offered;

(2)the date of anticipated availability;

(3)the family composition and income limitations applicable to the listed apartments; and

(4)a request for submission of proof of income and credit check fee.

(e)Applicants shall be advised that failure to respond within 10 business days from the date of the notification letter will result in the presumption that they are no longer interested in the apartment and that they will be removed from the list. The notice shall also state that acceptance of the application by the housing company is contingent upon approval by the division.

(f)Eligible applicants shall be given one right of refusal of an apartment without prejudice to their standing on the waiting list. Eligible applicants shall promptly communicate in writing the nature of any circumstance special and unique that would cause undue hardship to an otherwise eligible applicant by accepting a particular apartment. The concurrence or approval of the commissioner upon a finding of a special and unique circumstance shall have the effect of preserving the applicant's first right of refusal. A second refusal shall result in their removal from the waiting list.

(g)Upon receipt of the credit check fee the housing company will obtain a credit report from a recognized agency for each applicant determined as being eligible.

(h)Housing companies shall establish separate written criteria, policies and procedures for screening applicants for both admission and transfer. Such criteria, policies and procedures shall be made available for review to all applicants for apartments and to the division upon request.

(i)A housing company may establish a minimum rent-to-income ratio as part of its credit worthiness criteria. Such criteria shall not be less than 30 percent of gross income for rent for families or less than 33 ⅓ percent of gross income for rent for senior citizens. Applicants for whom the projected rent would exceed any such rent-to-income ratio shall nonetheless be given the opportunity to demonstrate their ability to pay the rent or carrying charge. Acceptable evidence of their ability to pay shall include, but not be limited to, a history of paying an equivalent rent in a timely manner.

(j)Applicants whose eligibility has been confirmed after review will be called in for the apartment in the order as herein established and within the categories set forth in this Subpart.

(k)Applicants found ineligible after review shall be so notified by mail and given the basis for the determination of ineligibility. Such applicant shall be removed from the waiting list. Any such applicant shall be advised that he or she may challenge the determination of ineligibility by contacting the division within 14 days of receipt of this notification. A copy of this notice and the application will be filed alphabetically by surname in the ineligible file and retained by the housing company for a period of five years. However, nothing contained herein shall apply to applicants who are ineligible because of excess income for the apartment offered but who would be eligible for an apartment of the same bedroom size having higher income limits.

(l)Upon the acceptance of an apartment and prior to occupancy, the housing company shall submit the eligible application with the prescribed form to the division for approval, noting the application number and any priority, together with income verification, credit reports, copies of the notification of availability and the response thereto, and any other supporting documentation necessary to establish eligibility. Possession of the apartment may not be given prior to division approval.

(m)Where the waiting list for apartments has routinely been of a 12-month or shorter duration, a housing company may apply to the division for exemption from prior approval of each admission, transfer, and succession applications prior to possession of the apartment. The housing company must otherwise:

(1)continue to follow all other provisions of this Subpart including, but not limited to, the other provisions of this section on processing of applications; and

(2)submit a quarterly tenant selection activity report to the division, on such form as the division may require, within 30 days of the end of each quarter, providing information on all admission, transfer, and succession applications processed during that quarter along with a current copy of this transfer and admission waiting lists for all apartment sizes.

(n)Applications disapproved by the division will be returned to the housing company, which will notify the applicant by mail that applicant does not meet eligibility requirements, the specific reason for such determination, and the right of appeal as provided in subdivision (k) of this section. A copy of the notice and the application will be filed alphabetically by surname in the ineligible file and retained by the housing company for five years.

(o)Approved applicants will be called in for the signing of necessary documents and paying of down payment or security deposit.

(p)Ineligible files will be maintained so as to be readily available for review by division representatives.

9 NYCRR 1727-1.4 - Additional provisions for operating projects

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)After initial occupancy, applications will continue to be accepted at all times unless the estimated waiting period is three years or more or the number of applications shall equal the number of dwelling units for the project, whichever basis shall result in a shorter list. During any period in which applications are being accepted, the housing company shall implement an ongoing affirmative fair housing marketing program to attract eligible applicants least likely to apply to the project. In cases where the waiting period is three years or more or reaches a number in excess of the number of dwelling units for the project, the housing company, with the written approval of the division, may discontinue acceptance of applications, except that such discontinuance shall not apply to eligible Vietnam veterans, their surviving spouses, project displaces, or to the mobility-impaired or members of their family who are mobility-impaired in projects having apartments designed for or modified to accommodate the mobility-impaired. The housing company must obtain the approval of the division at least 30 days in advance before it reopens applications to the public. The division will base its approval on a review of the housing company's compliance with this Part and the housing company's submission of an affirmative fair housing marketing plan acceptable to the division. Such reopening of applications shall be processed in the same fashion as the processing of inquiries and applications, pursuant to sections 1727-1.1, 1727-1.2 and 1727-1.3 of this Subpart.

(b)The processing of accepted applications to determine eligibility should be limited to a number sufficient to provide an adequate number of eligible applicants in numerical order, to meet turnover requirements.

(c)From time to time, the housing company shall canvass the applicants on its waiting list, in chronological order, in such manner as the housing company may deem appropriate in order to fill vacancies or to assess the need to reopen its waiting lists. Such canvass may be either by first class mail or by certified mail, return receipt requested. The canvass shall list the current range of rents or carrying charges, by apartment size, as well as any rent or carrying charge increases approved for future implementation. It shall further request a written statement of continued interest on the part of the applicant, as well as any changes in address and state that failure to provide such statement within 21 days will be deemed as noninterest on the part of the applicant. Where a housing company has elected to conduct the canvass of the waiting list by use of certified mail, return receipt requested, such action shall be deemed sufficient to meet the requirement and intent of this section. However, where first class mail is used to conduct the canvass, the housing company is required to again canvass those applicants who failed to respond to the initial canvass by use of certified mail, return receipt requested. Failure by an applicant to respond to the certified mail canvass will be deemed as noninterest, whereupon the application shall be terminated with an appropriate annotation made to the AWL (or to the manual log) kept pursuant to section 1727-1.3(c)(3) of this Subpart and evidence of the canvass efforts maintained in the housing company's applicant files.

(d)Upon the request of an applicant, the housing company is obligated to advise said applicant of his or her position on the waiting list.

9 NYCRR 1727-1.5 - Warehousing

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

It is the obligation of a housing company to promptly fill vacant apartments for occupancy with eligible applicants from the housing company's waiting lists in accordance with this Chapter. The failure to do so, unless expressly approved in writing by the division, is a violation of the requirements of this Chapter, and a violation of the responsibilities and duties of the housing company, its directors, managing agent and any housing company employee assigned the duty or supervision of renting such apartments.

9 NYCRR 1727-2.1 - Income limitations

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)Determination of income for admission and continued occupancy is governed by this Subpart, except that federally assisted projects shall conform to HUD's requirements governing income determination for the admission and continued occupancy of below market rent tenants.

(b)Section 85-a of the Private Housing Finance Law concerns rentals and selection of tenants for limited dividend housing companies. Under its provisions, admission to a project is limited to those households whose probable aggregate annual income does not exceed seven times the annual rent including the value or cost of heat, light, water, and cooking fuel, except that in the case of households with three or more dependents, such ratio shall not exceed eight times the annual rent.

(c)Section 31 of the Private Housing Finance Law applies to limited profit housing companies. Under its provisions, admission to a project is limited to those households whose probable aggregate annual income does not exceed seven times the annual rent including the value or cost of heat, light, water, and cooking fuel, except that in the case of households with three or more dependents, such ratio shall not exceed eight times the annual rent.

(d)Households with two or more dependents whose probable aggregate annual income does not exceed 125 percent of the relevant income limit in subdivision (a), (b) or (c) of this section shall also be eligible for admission to a project. Households eligible for admission under the provisions of this subdivision shall pay a rental surcharge according to the housing company's rental surcharge schedule.

(e)Applications shall be accepted where the probable aggregate income at the time of application and admission does not exceed the greater of the limits set forth in subdivision (a), (b) or (c) of this section or the median income as adjusted for household size for such households for the metropolitan statistical area in which the project is located or, if a project is located outside a metropolitan statistical area, the median income as adjusted for household size for such households for the county in which the project is located as most recently determined by the United States Department of Housing and Urban Development. Any household becoming eligible for admission under the alternative computation set forth in this subdivision (e) of this section shall pay, from the time of admission, a rental surcharge, as provided for in this Subpart, computed on the basis of the income limitations applicable to such households in the absence of this subdivision.

(f)Tenants whose incomes increase over the admission limits may continue in occupancy. Their rent, however, shall be increased in accordance with the rent schedule prepared by the housing company and approved by the division. The division may direct a particular rent increase schedule to be prepared and implemented.

(g)Where family income has been increased by the addition of a new household member, the housing company shall recompute the family income and, if warranted, assess the appropriate surcharge.

9 NYCRR 1727-2.2 - Responsibilities of housing company

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

It is the responsibility of the housing company to:

(a)determine, prior to admission, the probable aggregate annual income of all members of applicants' household;

(b)restrict admission to such households whose probable aggregate annual income is within applicable admission limits;

(c)review once a year probable aggregate annual income of households in possession;

(d)assess and collect surcharges in accordance with approved schedules from households whose income warrants such surcharges; and

(e)accept Federal reimbursement under section 8 of the Housing and Community Development Act of 1974 in lieu of rent payment for qualified tenants and tenant-shareholders who were residing in the housing company premises prior to the determination of their eligibility for government rent subsidy and not reject an applicant for an apartment solely on the basis that all or part of the rent shall be paid under section 8 of the Housing and Community Development Act of 1974.

9 NYCRR 1727-2.3 - Determination of income

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)In the discharge of the responsibilities listed above, the housing company shall take such steps as it deems necessary to ascertain and verify that the probably aggregate annual income of applicant's household does not exceed applicable income limits. Applicants, tenants, and cooperators are required to cooperate fully in obtaining verification of income.

(b)For admission applicants, each adult household member 18 years of age or older who filed an income tax return for the prior calendar year must provide a certified copy of either the New York State income tax return obtained from the New York State Department of Taxation and Finance or the Federal income tax return obtained from the Internal Revenue Service.

(c)Verification of income for adult household members who did not file an income tax return will be based upon one or more sources of information outlined below to obtain reasonably acceptable verification.

(1)Requests for statements of earnings reported to the Social Security Board are to be submitted only where earnings cannot otherwise be conclusively verified, such as tenants/cooperators who claim not to have worked, not to have filed income tax returns, or are employed by relatives. Requests for social security statement must be submitted on Social Security Administration form SSA-7004 and must show tenant's/cooperator's home address as return address. It is the responsibility of tenant/cooperator to deliver report to housing company office upon receipt. Social security records are usually not available until six months after completion of quarter.

(2)Notarized employer's statement signed by officer or responsible party of firm.

(3)Current and/or past pay stubs and pay envelopes if:

(i)they identify the recipient clearly;

(ii)are for a pay period within the past year; and

(iii)provide a reasonably clear basis for determining rate of pay. Tenants or cooperators should be advised to retain all such stubs or envelopes.

(4)Referee's report, in the case of workers' compensation.

(5)Tenants/cooperators unemployment insurance card, notification of benefits, D.P.U.I. tables and check stubs.

(6)Military pay tables, allotment tables, allotment checks and notarized statement from commanding officer of unit to which assigned, in case of service members.

(7)Notarized affidavits from person or persons making contributions, setting forth the amounts contributed and the dates of such contributions.

(8)Employer's report or standard allotments for tips or other considerations.

(d)The calculation of probable aggregate annual income described below is identical whether determining probable income for admission or for continued occupancy. In determining probable aggregate annual household income, income from all sources, including that of minors, will be taken into account with the following exceptions:

(1)$20,000 (or, if authorized by the division, a larger amount) of the earnings from the gainful employment of a minor under the age of 21 years.

(2)$20,000 (or, if authorized by the division, a larger amount) of each adult secondary wage-earners' earned income.

(3)Payments made by the State or a municipality for child care of foster children in private homes. For purposes of determination of probable aggregate annual income, a secondary wage earner is any gainfully employed adult member of the household other than the chief wage earner and the chief wage earner is the person who is primarily responsible for dependents in the household, whose income is generally from employment or self-employment and usually exceeds income of any other adult member of the household. Any question as to determination of chief wage earner should be resolved, if possible, on the basis of affording advantage to applicant or tenant.

(4)The personal exemptions and deductions for medical expenses as are actually taken by the taxpayer and the amounts received from Federal old age, survivors and disability insurance benefits.

(5)For the purpose of determining the eligibility for both admission and continued occupancy of tenant-cooperators, housing companies may, with the approval of the division, add the following amounts to the carrying charges listed in their schedules of income limits:

(i)the consideration the cooperator paid for such share;

(ii)any capital assessment and voluntary capital contributions approved by the division and paid by the cooperators to the housing company; and

(iii)a proportionate share of the actual aggregate amortization paid on all existing and prior mortgages on the housing company during such period as shall be fixed by the housing company, to the extent not already included in the consideration paid for such shares.

(e)Income, as determined by the housing company, is subject to review by the division upon submission of applications for admissions or transfers. In the case of continued occupancy, income determination is subject to review by the division.

(f)Payments made to tenants for child care by State, county or other governmental agencies for care of foster children in tenant's/cooperator's homes constitute reimbursement to the foster parents for money expended by the foster parents on behalf of the child. Such monies are therefore not to be included when determining probable aggregate annual income.

9 NYCRR 1727-2.4 - Reporting of income and family composition

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

It is the responsibility of applicants, tenants, or cooperators to report to the housing company their aggregate annual family income and family composition.

(a)Reporting by applicant.

Applicants must report to the housing company their aggregate annual family income and family composition at the time of application for an apartment, and if an apartment is not available at the time of application, he or she must also report aggregate annual income and family composition at the time of apartment availability.

(b)Annual reporting by tenants or cooperators.

Tenants or cooperators must report to the housing company their aggregate annual family income and family composition on an annual basis in the manner directed by the housing company.

(c)Reporting of changes in family composition.

Tenants or cooperators must advise the housing company in writing within 90 days following the addition or removal of any family member who resides in the dwelling unit, and such changes shall also be reflected in any subsequent required annual income certifications.

(d)Reporting requirements incorporated into lease.

The reporting requirements set forth in this section shall be included as a provision in tenant's or cooperator's lease, but the absence of such a provision does not excuse the tenant or cooperator from the responsibility of compliance.

9 NYCRR 1727-2.5 - Income reexamination procedure-annual and interim changes

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(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.

9 NYCRR 1727-2.6 - Tenant's refusal to cooperate in income determination

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)The failure, neglect or refusal of a tenant or cooperator to furnish information concerning their income or that of any household member, or to cooperate in the verifying of such reported income, will be assumed to indicate excess income. In such cases, rent will be raised to the maximum in the surcharge schedule. However, upon submission of an affidavit of income and/or of proper documentation, surcharges, if any, will be assessed on basis of verified income, with the effective date of any rent change to be the first of the month following the month in which the affidavit of income and/or proper documentation had been filed with the housing company. In no event will credit be given for excess surcharges already assessed as a result of failure, neglect or refusal of tenant or cooperator to cooperate in income determination as set forth in this section.

(b)Upon proper verification of income, per procedures outlined in section 1727-2.3 of this Subpart, if it is determined that tenant or cooperator, or any household member, willfully misrepresented any information, then the housing company shall calculate surcharges in accordance with surcharge schedule and assess such surcharge, as rent, each month, retroactive to the initial month in which such surcharges should have been paid. A housing company shall charge such tenant or cooperator a fee of $150 in payment for the expenditure of housing company time and labor incurred to determine the true income of the tenant or cooperator.

(c)In the event a tenant or cooperator, or any household member, has indicated that either a Federal income tax return or a New York State income tax return for the year in question has not been filed, and subsequent verification procedures show that such a return was filed, the procedures set forth in subdivision (b) of this section are to be followed by the housing company.

(d)In no case shall the housing company waive the provisions of subdivisions (a) through (c) of this section.

9 NYCRR 1727-2.7 - Effective date of rent changes

No later Register activity identified in this check.

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

The housing company shall establish an effective date for all rent changes resulting from annual income reviews. Each tenant or cooperator whose rent is being changed will be given notice of such change one calendar month prior to this date. Such notice shall also be given to tenants or cooperators whose rent is being changed to maximum surcharge rent for failing to submit required proof.

9 NYCRR 1727-2.8 - Occupancy standards

Source text available - table layout pending

LawEngine holds a witnessed source copy of this section. We are not showing the text inline until its table/list layout can be preserved exactly. We checked the State Register through July 29, 2026/Vol. XLVIII, Issue 30; no later activity found for this section.

Dates and status

Compiling agency: Executive Department
Text status: Source-only entry
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

9 NYCRR 1727-3.1 - General

No later Register activity identified in this check.

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)A lease for the apartment being assigned an eligible household or person will be executed before that household or person takes possession. The standard form of lease will be prepared in duplicate, one copy of which shall be given to the lessee. If there is more than one head of household, the signatures of each should be required, although possession may be granted on one signature. A board member or the manager shall sign for the housing company.

(b)Leases shall be executed at initial admission to project upon transfer to another apartment, and upon succession.

9 NYCRR 1727-3.2 - Terms of lease

No later Register activity identified in this check.

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)Leases shall commence on the first day of the month and shall not exceed 36 months' duration. Where tenant or cooperator takes possession after first day of month, the lease shall show a term starting as the first day of the following month.

(b)A full month's rent should always be collected prior to admission, regardless of the day of the month a tenant or cooperator takes possession. Necessary adjustment to reflect partial month's rent should be made in following month.

9 NYCRR 1727-3.3 - Rent entered on lease

No later Register activity identified in this check.

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)Rent entered on the lease form shall be actual rent, including surcharges if any, being assessed tenant or cooperator at time lease is signed. Any later increase or decrease from this actual rent resulting from either a change in tenant's or cooperator's income or a duly authorized general rent increase, shall be in accordance with the requirements of this Chapter.

(b)In the event a two-stage increase in rents or carrying charges has been granted, one or both of which stages are not yet in effect, the housing company shall so notify the prospective tenant or cooperator, in writing, prior to the signing of the occupancy or lease agreement. The notice shall detail the revision of rent or carrying charges, and the effective date or dates thereof.

9 NYCRR 1727-3.4 - Leasing interview

No later Register activity identified in this check.

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

At time of lease signing, tenant or cooperator should be informed of their rights and obligations under the lease, and advised of the rules and regulations of tenancy.

9 NYCRR 1727-3.5 - Changes in persons occupying tenant's apartment

No later Register activity identified in this check.

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

Housing companies shall notify all tenants, and shall provide in all leases, that the housing company must be advised in writing within 90 calendar days of any additions to or deletions from the tenant's family who reside in the housing accommodation, or the persons who for a period of 30 days or more occupy the housing accommodation, and that such changes shall be reflected in all subsequent affidavits of income submitted by the tenant.

9 NYCRR 1727-3.6 - Tenancy general

No later Register activity identified in this check.

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)Rules of tenancy should be established by the housing company to provide reasonable control over tenant or cooperator actions which might infringe on rights of other tenants or cooperators to peaceful possession of their apartments or tend to impair residential character of housing development.

(b)No such rule may become effective until it has been approved by the division. All such rules shall be submitted to the division for review and approval. If the division does not approve or reject such rule either 90 days after full and proper submission of the rule or submission of any further document or information requested by the division, whichever is later, the housing company may implement such rule until it receives a division determination to the contrary. When any rule has been approved in writing by the division or 90 days has elapsed without a division determination such written notice shall be included in any subsequent lease or occupancy agreement with the cooperator or tenant, and is not effective as to such cooperator or tenant until it actually appears in a lease or occupancy agreement with said tenant or cooperator.

9 NYCRR 1727-3.7 - Resident employees

No later Register activity identified in this check.

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

A housing company may assign apartments for resident employees and their families if such assignments will provide for more efficient operation of the project. The apartments to be assigned and the rents, if any, to be charged shall be established by the company, subject to the prior written approval of the division. Resident employees shall not be subject to rental surcharges or annual income reviews. A resident employee's apartment lease or agreement which provides for immediate vacating of the apartment upon termination of employment for any reason whatsoever, shall be executed by all resident employees.

9 NYCRR 1727-3.11 - [Repealed]

Repealed or removed in compiled source

The compiled source records this section as repealed. We hold the witnessed tombstone record; see the source for details.

Dates and status

Compiling agency: Executive Department
Text status: Source-only entry
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

9 NYCRR 1727-4.1 - Rent schedules

Source text available - table layout pending

Dates and status

Compiling agency: Executive Department
Text status: Source-only entry
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

9 NYCRR 1727-4.2 - Rent collection

No later Register activity identified in this check.

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)In the event that the rent payment is not received promptly, summary proceedings should be initiated.

(b)The tenant or cooperator may be charged for service and filing fees and attorney fees in connection with such proceedings, as well as any court costs authorized under the law. Where the lease or rules and regulations do not clearly set forth this fact, they should be revised to include such provision.

(c)It is the responsibility of the housing company to see that proceedings are diligently followed, to point of eviction if necessary, and that counsel pursues collection of any judgment rendered by the court.

(d)Charges may be imposed for unusual administrative costs caused by repeated negligence or willful acts of tenants or cooperators and charged as additional rent. However, such charges may not be imposed without prior approval of the division.

(e)Where a tenant has vacated, whether voluntarily or involuntarily, it is still the responsibility of the housing company to locate such tenant and to collect all sums due the company.

9 NYCRR 1727-4.3 - Write-offs of uncollectible accounts

No later Register activity identified in this check.

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)Reasonable efforts should be made by the housing company to locate the tenant, discover the tenant's available assets and collect the indebtedness, before recommending a vacated tenant's accounts receivable as a collection loss write-off.

(b)Where collection efforts on the part of the housing company have not been successful, the housing company may turn over uncollected accounts to a collection agency may be obtained on request. The agreement between the company and the collection agency.

(c)Where efforts prove to be unsuccessful and account appears to be uncollectible, write-off should be handled as follows:

(1)An individual tenant's accounts receivable up to $5,000 may be written off at discretion of housing company.

(2)An individual tenant's accounts receivable in excess of $5,000 may be written off only after approval by the division. Requests for such approval must be supported by the following:

(i)detailed description of collection efforts made by the housing company;

(ii)summary of credit report covering each case giving pertinent facts upon which a decision as to uncollectibility can be based; and

(iii)recommendations of housing company counsel.

(4)Except for cases of fraud and misrepresentation, housing company counsel may be permitted to settle accounts of vacated tenants regardless of the amount involved when such settlement is of an urgent nature and approved by the board of directors. The division must be advised of such settlements in cases where indebtedness exceeds $5,000. No write-offs can be made without division approval where rent was payable by a former director of the housing company or any other individual who had or has a position or relationship identified in the identity of interest provisions of this Chapter.

9 NYCRR 1727-4.10 - Security deposits

No later Register activity identified in this check.

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)A rental housing company may require tenants to pay a security deposit in advance as a condition of occupancy to insure faithful compliance with the terms of the lease and the rules and regulations.

(b)Security deposits shall be placed in separate interest-bearing accounts. Such money, with interest accruing thereon, shall continue to be the money of the tenant making such deposit and shall be held in trust for them by the housing company and not mingled with other funds.

(c)The tenant shall be notified in writing of the name and address of the bank in which the security deposit is being held and the amount of the security deposit.

(d)The security deposit plus interest which has accrued since the date of the previous annual payment but less any deductions for rent due, loss or damage to property, or other charges, shall be returned to the tenant as soon as possible after the apartment is vacated. (See Appendix S-8, infra, Exhibit 34.)

(e)The housing company shall be entitled to receive, for administration expenses, the sum of one percent per annum of the security money so deposited. The balance of the interest credited by the banking organization shall be annually paid to the person making the deposit of security money.

9 NYCRR 1727-4.11 - [Repealed]

Repealed or removed in compiled source

The compiled source records this section as repealed. We hold the witnessed tombstone record; see the source for details.

Dates and status

Compiling agency: Executive Department
Text status: Source-only entry
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

9 NYCRR 1727-4.12 - [Repealed]

Repealed or removed in compiled source

The compiled source records this section as repealed. We hold the witnessed tombstone record; see the source for details.

Dates and status

Compiling agency: Executive Department
Text status: Source-only entry
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

9 NYCRR 1727-4.13 - [Repealed]

Repealed or removed in compiled source

The compiled source records this section as repealed. We hold the witnessed tombstone record; see the source for details.

Dates and status

Compiling agency: Executive Department
Text status: Source-only entry
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

9 NYCRR 1727-5.1 - General

No later Register activity identified in this check.

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

Possession of premises by tenant is held under lease in rental developments, usually for a period of three years, and under occupancy agreement in cooperatives. Both provide for termination of agreement, and tenancy or occupancy thereunder, by either party at end of stipulated period, or sooner, as may be specifically agreed upon.

9 NYCRR 1727-5.2 - Termination by tenant

Source text available - table layout pending

Dates and status

Compiling agency: Executive Department
Text status: Source-only entry
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

9 NYCRR 1727-5.3 - Termination by housing company

Source text available - table layout pending

Dates and status

Compiling agency: Executive Department
Text status: Source-only entry
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

9 NYCRR 1727-6.1 - Special services

No later Register activity identified in this check.

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

A housing company may furnish tenants or cooperators with special services not provided for in the lease, such as bus, laundry, television antenna or other services, but only upon such terms as the division may approve in writing. The approval of the division will be given only upon the express condition that such services, and all facilities used in connection therewith, will be made available to all tenants on equal terms and shall be self-sustaining.

9 NYCRR 1727-6.2 - Lease on commercial space

No later Register activity identified in this check.

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)Where stores or other commercial facilities are rented by a housing company, they may be leased without approval of the division where:

(1)the rent is not less than projected as part of the commercial income in the last approved budget;

(2)there is not an identity of interest or a contract or commitment in need of further supervision; and

(3)there is approval of the board of directors, housing company, and housing company counsel. The approval by the housing company counsel shall include review to assure that the division and any State mortgagee are additionally insured in amounts required by the division, and the division and such State mortgagee would be defended and indemnified.

(b)Commercial spaces may be rented to not-for-profit organizations for less than market rental if in the judgment of the board of directors such a rental will enhance the quality of life for its cooperators or tenants. A housing company must establish a uniform procedure for review of such rentals to assure their overall fairness. Any rental will require division approval where an officer or a member of such not-for-profit is a person who is identified in the identity of interest provisions of this Chapter, or a former principal, member or employee of the housing company or its managing agent.

(c)Any proposed lease involving the installation of roof top antennas, communication equipment, or other building appenditures are subject to prior division approval.

9 NYCRR 1727-6.3 - Tenants' associations

No later Register activity identified in this check.

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)Housing companies that have a tenants' associations shall notify all tenants in writing of the existence of this association and that the housing company recognizes this organization as the duly constituted association of the housing development. Such recognition shall also mean that the housing company will meet regularly with the association representatives to discuss matters relating to the housing company. In the event more than 10 percent of the tenant families of record object to this association, the housing company shall conduct an election to determine representative status.

(b)Housing companies that do not have tenant associations shall, upon receipt of requests by at least 10 percent of the tenant families requesting formation of a tenant association, arrange for an election.

(c)Upon certification by the housing company of a duly constituted tenant association, the division shall recognize said organization and shall direct the housing company to meet with the association on a regular basis.

(d)In the event that a housing company fails to hold an election, then the division, upon written request by at least 10 percent of the tenant families, shall direct the housing company to hold said election.

9 NYCRR 1727-8.1 - General

No later Register activity identified in this check.

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

The rights of family members of tenants or cooperators who have requested to remain as the lawful tenant in apartments in projects developed under the Private Housing Finance Law are governed by this Subpart, except in those instances where Federal rules and regulations preempt the requirements of this Subpart.

9 NYCRR 1727-8.2 - Vacating of apartment by tenant

No later Register activity identified in this check.

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)Unless otherwise prohibited by occupancy restrictions based upon income limitations pursuant to Federal or State law, regulations or other requirements of governmental agencies, if a tenant or cooperator has permanently vacated their dwelling unit, any family member, as defined in section 1700.2(a)(7) of this Title, who meets all of the following requirements shall be entitled to be named as a tenant on the lease and/or as a stockholder on the stock certificate of such unit. Such family members must have:

(1)immediately prior to the permanent vacating of the dwelling unit by the tenant, occupied the dwelling unit with the tenant as a primary residence, either:

(i)for a period of not less than two years, or, where a family member is a senior citizen or disabled person, for a period of not less than one year; or

(ii)if for less than such periods, then from the inception of the tenancy or commencement of the relationship; and

(2)established proof of such primary residency, which must include:

(i)the listing of such person on all annual income affidavits, certifications or recertifications required to be executed and filed during the applicable period; and

(ii)such other evidence as establishes that such person actually occupies the dwelling unit for his or her own dwelling purposes and has an ongoing, substantial, physical nexus to the unit, which evidence may include, without limitation, certified copies of tax returns, voting records, motor vehicle registration, driver's license, school registration, bank accounts, employment records, insurance policies, and/or other pertinent documentation or facts. In the event that a tenant notifies the housing company of a change in family composition pursuant to section 1727-3.5 of this Part herein, such notice of change shall be effective as a substitute for the annual income affidavit until the next annual income affidavit must be filed. Tenants, cooperators, and persons seeking succession may only have one primary residence and must occupy the dwelling unit subject to this Chapter as their primary residence.

(b)The minimum periods of required residency set forth in this subdivision shall not be deemed to be interrupted by any period during which the family member, who is listed on the tenant's income affidavit, temporarily relocates because he or she:

(1)is engaged in active military duty;

(2)is enrolled as a full-time student;

(3)is not in residence pursuant to a court order not involving any term or provision of the lease, and not involving any grounds specified in the Real Property Actions and Proceedings Law;

(4)is engaged in employment requiring temporary relocation;

(5)is hospitalized for medical treatment; or

(6)has such other reasonable grounds that shall be determined by the division upon application by such person.

(c)The housing company shall secure credible evidence of the tenant's removal from the dwelling unit and the surrender of the unit or the tenant's written declaration to vacate the unit prior to the consideration of reletting or succession to the dwelling unit.

9 NYCRR 1727-8.3 - Special succession provisions in the event of the death of a tenant/cooperator

No later Register activity identified in this check.

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)Where a tenant/cooperator has died, the lease and the shares of stock for such decedent's apartment shall be surrendered by the decedent's estate or survivors for redemption. The housing company upon written request received from any member of such tenant's or cooperator's family who has resided with the tenant or cooperator in the dwelling unit as a primary residence and pursuant to the provisions of this section and the Private Housing Finance Law, shall sell or transfer the shares and the lease to the family member as set forth in this section.

(b)In the event that there is a legal dispute involving the rightful ownership of the stock, pending a determination thereof by an appropriate tribunal or court of law, such family member as set forth in this section shall continue to be permitted to reside in the apartment.

(c)If the appropriate tribunal shall determine that someone other than such family member as set forth in this section is entitled to the ownership of the stock then, upon presentation of a court order or other valid evidence, such new owner shall be permitted solely to surrender the stock to the housing company for redemption pursuant to the applicable provisions of the Private Housing Finance Law. In such event, such family member as set forth in this section in occupancy shall be afforded a reasonable opportunity to purchase the stock from the housing company for the price as authorized pursuant to the statute and regulations.

9 NYCRR 1727-8.4 - Action by housing company and by the division

No later Register activity identified in this check.

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Latest notice: HCR-48-19-00001-A · Adopted rule · Feb 19, 2020
Source snapshot: Jun 6, 2026

(a)Where a family member applies to the housing company for permission to remain in occupancy the housing company, within 30 days of receipt of the application, shall act upon the application by either requesting the division to approve the application or by denying the application and notifying the applicant family member in writing of its determination.

(b)In the event the housing company should deny such application the notice to the applicant shall set forth the specific reasons for the denial and a statement advising of the method to be followed to appeal the housing company's denial to the division.

(c)A family member applying to succeed to a lease, within 30 days of receipt of the written denial notice, may appeal to the Office of Legal Affairs of the division from such denial by the housing company, by sending the appeal to:

Division of Housing and Community Renewal

641 Lexington Avenue

New York, NY 10022

Attention: Office of Legal Affairs

together with proof of service of a copy of such appeal upon the housing company. The appeal shall briefly set forth the reasons why the family member believes he or she is entitled to occupy the apartment and any errors or erroneous findings he or she believes are contained in the housing company's determination.

(d)Pending a determination by the division on the family member's appeal such family member may continue in occupancy.

(e)In the event such family member is found by the division to be ineligible to remain in occupancy then such family member shall vacate the dwelling unit or the housing company shall proceed to terminate such occupancy pursuant to Subpart 1727-5 of this Part.

9 NYCRR 1727-8.5 - Staff housing

No later Register activity identified in this check.

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

These regulations shall not apply to staff housing where employment at the facility is a primary requirement for residency.

9 NYCRR 1727-8.6 - [Repealed]

Repealed or removed in compiled source

The compiled source records this section as repealed. We hold the witnessed tombstone record; see the source for details.

Dates and status

Compiling agency: Executive Department
Text status: Source-only entry
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

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