Title 9 Part 1902 NYCRR — browse free

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

All 3 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 1902.1 - Rent and occupancy requirements

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)Legal occupants of a project at the time of the award of a payment, grant or loan hereunder who remain in possession during construction, rehabilitation or conversion shall be entitled to continue in possession subsequent to construction, rehabilitation or conversion. Also, legal occupants at the time of the award of a payment, grant or loan hereunder who are temporarily relocated during construction, rehabilitation or conversion shall not be permanently displaced.

(b)All additional occupants subsequent to rehabilitation or conversion shall be persons of low income at the time they make application for the unit.

(c)Any person applying for a unit in a project subject to these regulations shall submit to the project owner, the owner's agent or the owner's assignee, a copy of the most recent New York State or Federal income tax return or an affidavit certifying the prior year's income, along with the application for a unit;

(d)In selecting among eligible applicants for occupancy of projects subject to these regulations, the owner shall give preference to:

(1)persons or families with the lowest incomes possible given the income requirements of the project; and

(2)persons or families whose current housing fails to meet basic standards of health and safety and who have little prospect of improving the condition of their housing except by residing in a project assisted pursuant to the act.

(e)Written leases are required for all tenants in a project assisted hereunder. Said lease must include a provision that those tenants 60 years of age or older or tenants subject to a disability as defined in New York State Executive Law, article 15, section 292, who have a lease for a rental unit in a project at the time the resale and occupancy restrictions end shall be permitted to renew their lease for the remainder of their occupancy at rents that will be affordable to them (total housing costs that are less than 30 percent of the income limits as defined in section 1900.3[a][20] and [21] of this Title), except that the tenant may be evicted for good cause in accordance with applicable laws and rules.

(f)Each unit assisted hereunder shall be the principal residence of its occupant.

(g)Relocation requirements are as follows:

(1)legal occupants of a project to be rehabilitated or constructed hereunder who are in possession on the date of award of the payment, grant or loan shall not be displaced as a result of such rehabilitation or construction, other than temporarily in order to allow for such rehabilitation or construction;

(2)where rehabilitation or construction is likely to create hazardous conditions for legal tenants, the project recipient or subrecipient must provide suitable arrangements approved by the corporation or the local program administrator, as the case may be, for temporary relocation of all legal occupants affected by the rehabilitation or construction work for as long as such conditions exist. However, as soon as the hazardous conditions cease to exist, the owner must offer to return the legal occupant to the building, and at that time relocation costs cease to be an eligible cost;

(3)at its option, the project recipient, local program administrator or subrecipient may undertake to provide suitable arrangements approved by the corporation or local program administrator, as the case may be, for such period of time as it approves, for temporary relocation of all legal occupants in the project affected by the rehabilitation or construction work;

(4)eligible costs of relocating tenants shall include payment of reasonable moving expenses to and from the unit, and upon relocation, payment of the difference, if any, between the monthly housing cost of the relocation residence and the monthly housing cost of the former unit, or the difference between 30 percent of the income of the relocated tenant and the monthly housing cost of the relocation residence, whichever difference results in a lower payment.

(h)The project recipient, local program administrator or subrecipient, subject to the approval of the corporation, shall establish a two tier system of rents. The first tier shall apply to persons of low income; the second shall apply to persons who do not qualify as persons of low income. Under the first tier, the rent (basic rent) shall not exceed 30 percent of the maximum income qualification for a person of low income in the eligible area. Under the second tier, the rent (market rent) shall not exceed the lesser of 30 percent of the tenant's income or the basic rent plus an amount, as determined by the corporation, which would be payable were all payments, grants and loans to the project treated as loans at the prevailing rate of interest at the time of construction, rehabilitation or conversion. The application of this subdivision does not in any way relieve the project recipient from its obligation to restrict new occupancy to persons of low income.

(i)Other than initial rents, all rent increases are subject to the Emergency Tenant Protection Act or Rent Stabilization Law in jurisdictions covered by these laws. Where these laws are not applicable, all rent increases shall be consistent with the applicant's approved plan for keeping rents affordable for persons of low income. The limits as stated in subdivision (h) of this section shall apply in all cases unless the corporation determines that a higher rent is required to preserve the feasibility of the project.

(j)All units in a rental project shall continue to be subject to the Emergency Tenant Protection Act or the Rent Stabilization Law as provided for in subdivision (i) of this section after the period of regulation; termination of the applicability of such laws to each unit shall occur upon the first vacancy of each said unit occuring after the expiration of the regulatory period.

9 NYCRR 1902.2 - Resale provisions

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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 terms and conditions of any transfer of ownership, resale, refinancing or additional financing of a project assisted hereunder must be submitted to the corporation or its designee for approval. The corporation or its designee reserves the right to restructure or recapture any payments, grants or loans to a project as a result of its review of such proposals.

(b)Homesteading project.

(1)A homesteading project may only be transferred or sold to an eligible applicant.

(2)The resale price of a homesteading project shall not exceed an amount equal to the sum of:

(i)the funds originally paid by the owner to purchase and rehabilitate or construct the project, plus the lesser of the cost or the fair market value of material contributed thereto, plus the lesser of the cost of labor or the fair market value of labor contributed thereto, with interest thereon at the rate of six percent per annum, excluding all funds received pursuant to the act and from such other sources as determined by the corporation;

(ii)the payments made by the owner after rehabilitation or construction for capital improvements, with interest thereon at the rate of six percent per annum, excluding all funds received pursuant to the act and from such other sources as determined by the corporation;

(iii)the reduction in the amount of the outstanding principal of all mortgages and/or loans for such project paid by the owner, to the extent that the proceeds of such mortgages and loans were used only for the purchase, rehabilitation, construction and capital improvement of the project with interest thereon at the rate of six percent per annum;

(iv)the actual principal indebtedness of all mortgages on, and loans for, such project as referred to in subparagraph (iii) of this paragraph, which the owner is required to satisfy, provided that if the indebtedness is not paid in full upon the sale of the project, such owner shall not be credited with the amount of such indebtedness; and

(v)the reasonable costs and expenses incurred in connection with the sale of such project.

(c)Cooperative project.

(1)The shares to a cooperative unit may only be transferred or sold to an eligible applicant.

(2)The resale price of shares applicable to a cooperative unit shall not exceed an amount equal to the sum of:

(i)the funds originally paid by the tenant shareholder to purchase such shares and rehabilitate or construct the unit, plus the lesser of the cost or fair market value of the contribution to the unit of material and of labor, with interest thereon at the rate of six percent per annum, excluding all funds received pursuant to the act and from such other sources as determined by the corporation;

(ii)the payments made by the tenant shareholder after rehabilitation or construction for capital improvements made to such unit, with interest thereon at the rate of six percent per annum, excluding all funds received pursuant to the act and from such other sources as determined by the corporation;

(iii)the pro rata portion of any capital assessment or capital contribution for building-wide improvements paid by such tenant shareholder, with interest thereon at the rate of six percent per annum;

(iv)the pro rata portion of the reduction in the amount of the outstanding principal of all mortgages on such project paid by the tenant shareholder, with interest thereon at the rate of six percent per annum;

(v)the reduction in the amount of the outstanding principal on all loans for such unit paid by the tenant shareholder to the extent that the proceeds of the loan were used for the purchase of shares or for the cost of the rehabilitation or construction of, or capital improvement to, such unit with interest thereon at the rate of six percent per annum;

(vi)the actual outstanding principal indebtedness on all loans or other obligations for such unit, which the tenant shareholder is required to satisfy, and to the extent that the proceeds of such loans were used for the purchase of shares or for the cost of rehabilitation or rehabilitation of, or the capital improvement to, such unit, provided that if such indebtedness is not paid in full upon the sale of such tenant's shares such tenant shareholder shall not be credited with the amount of such indebtedness; and

(vii)the reasonable costs and expenses incurred in connection with the sale of such shares.

(d)Condominium project.

(1)A condominium unit shall be transferred or sold only to an eligible applicant.

(2)The resale price of a condominium unit shall not exceed an amount equal to the sum of:

(i)the funds originally paid by the owner to purchase and rehabilitate or construct such unit, plus the lesser of the cost or fair market value of the contribution to the unit of material and of labor, with interest thereon at the rate of six percent per annum, excluding all funds received pursuant to the act and from such other sources as determined by the corporation;

(ii)the payments made by the owner after rehabilitation or construction for capital improvements to the unit, with interest thereon at the rate of six percent per annum, excluding all funds received pursuant to the act and from such other sources as determined by the corporation;

(iii)the pro rata portion of any capital assessment or capital contribution for building-wide improvements paid by such owner to the project, with interest thereon at the rate of six percent per annum;

(iv)the reduction in the amount of the outstanding principal of all mortgages on, and loans for, such unit paid by the owner to the extent that the proceeds of such mortgages and loans were used only for the purchase, rehabilitation or construction and capital improvement of the unit, with interest thereon at the rate of six percent per annum;

(v)the actual outstanding principal indebtedness of all mortgages on, and loans or other obligations for, such unit which the owner is required to satisfy, and to the extent that the proceeds of such mortgages and loans were used only for the purchase, rehabilitation or construction and capital improvement of the unit, provided that if such indebtedness is not paid in full upon the sale of such unit, such owner shall not be credited with the amount of such indebtedness; and

(vi)the reasonable costs and expenses incurred in connection with the sale of such unit.

(e)Rental project.

(1)A rental project may only be transferred or sold to an eligible applicant.

(2)The resale price of a rental project shall not exceed an amount equal to the sum of:

(i)the funds originally paid by the owner to purchase and rehabilitate or construct such project, with interest thereon at the rate of six percent per annum, excluding all funds received pursuant to the act and from such other sources as determined by the corporation;

(ii)the payments made by the owner, after rehabilitation or construction, for capital improvements to the project, with interest thereon at the rate of six percent per annum, excluding all funds received pursuant to the act and from such other sources as determined by the corporation;

(iii)the reduction in the amount of outstanding principal of all mortgages on, and loans for, such project paid by the owner to the extent that the proceeds of such mortgages and loans were used only for the purchase, rehabilitation and capital improvement of the project, with interest thereon at the rate of six percent per annum;

(iv)the actual outstanding principal indebtedness of all mortgages on, and loans or other obligations for, such project which the owner is required to satisfy, and to the extent that the proceeds of such mortgages and loans were used only for the purchase, rehabilitation and capital improvement of the project, provided that if such indebtedness is not paid in full upon the sale of the project, such owner shall not be credited with the amount of such indebtedness; and

(v)the reasonable costs and expenses incurred in connection with the sale of such project.

(f)Rental projects shall be operated initially as rental properties. Conversion of a rental project to a cooperative or condominium ownership shall be subject to the consent of the corporation, and if done pursuant to sections 352-eee and 352-eeee of the General Business Law shall only be allowed pursuant to a noneviction plan. The resale provisions set forth in subdivisions (c) and (d) of this section shall thereafter apply to the project.

9 NYCRR 1902.3 - Duration

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)For rental, condominium or cooperative projects, resale and occupancy restrictions shall apply for a period of 20 years following the completion of construction, rehabilitation or conversion, or for the period during which any loan or indebtedness hereunder remains outstanding, whichever is greater.

(b)For homesteading projects, resale and occupancy restrictions shall apply for a period of 15 years following completion of construction, rehabilitation or conversion, or for the period during which any loan or indebtedness hereunder remains outstanding, whichever is greater.

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