9 NYCRR Part 1933 - Executive Department

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Source version current through Sep 15, 2021

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

9 NYCRR 1933.1 - Rent and occupancy requirements

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)Any project assisted in whole or in part with funds provided by the program shall be substantially occupied by persons of lower income.

(b)Any persons applying for a unit in a project subject to these regulations shall submit to the eligible applicant an affidavit certifying the prior year's income, along with the application for a unit.

(c)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 1930.2[e] of this Title), except that the tenant may be evicted for good cause in accordance with applicable laws and rules.

(d)Tenant income verification.

(1)The eligible applicant shall require that, and the leases shall provide that, as a condition of tenancy, all tenants file annually with the eligible applicant affidavits of annual income.

(2)The eligible applicant shall make available to tenants a form prescribed by the corporation upon which such an affidavit may be executed and returned to the eligible applicant.

(3)Each lease shall provide that the filing of a false or misleading affidavit of annual income or the failure to file such an affidavit and the failure of tenant to remedy such deficiency within 60 days after notice from the eligible applicant by certified mail shall constitute a violation of a substantial obligation of the tenant's lease and shall result in the commencement of eviction proceedings against such tenant.

(e)Each SRO unit assisted hereunder shall be the principal residence of its tenant.

9 NYCRR 1933.2 - Resale provisions

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

The transfer of ownership and 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 for approval. Said approval shall be based upon various factors including, but not limited to, the needs of the project, compliance with the purposes of the program and the ability of the proposed transferee to operate the project. The corporation reserves the right to restructure or recapture any awards to a project as a condition of approval.

9 NYCRR 1933.3 - Duration

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

The term of regulation of a project shall commence on the effective date of the regulatory agreement and shall terminate seven years after the effective date of the regulatory agreement or upon the expiration of any other applicable governmental regulation of the project, whichever is later.

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