New York regulations
Title 9 Part 2800
Executive Department
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9 NYCRR 2800.1 - 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
- Later Register activity found — review the notice before relying on the compiled text.
- Latest notice
- TDA-12-24-00007-P · Proposed rule · Mar 20, 2024
- Source snapshot
- Jun 6, 2026
(a)The regulations in this Part implement the provisions of (1) article XVII-A of the Private Housing Finance Law (as added by chapter 911 of the Laws of 1982), which establishes a program of rental assistance payments to aid in the provision of housing for low-income persons and families in projects receiving Federal financial assistance from the Farmers Home Administration under title V of the Housing Act of 1949, and (2) a Memorandum of Understanding between the Farmers Home Administration and the Division of Housing and Community Renewal providing for the coordination of State and Federal assistance under such programs.
(b)The regulations in this Part are issued under the authority conferred on the Commissioner of Housing and Community Renewal by section 1025(1) of article XVII-A.
(c)In order to provide for the effective coordination of assistance under article XVII-A with the Federal assistance program which it is designed to supplement, the regulation in this Part shall, whenever practical, be construed and administered in a manner consistent with title V of the Housing Act of 1949 and with the Memorandum of Understanding referred to in subdivision (a) of this section.
9 NYCRR 2800.2 - Definitions
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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
- Later Register activity found — review the notice before relying on the compiled text.
- Latest notice
- TDA-12-24-00007-P · Proposed rule · Mar 20, 2024
- Source snapshot
- Jun 6, 2026
9 NYCRR 2800.3 - Rental assistance program
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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
- Later Register activity found — review the notice before relying on the compiled text.
- Latest notice
- TDA-12-24-00007-P · Proposed rule · Mar 20, 2024
- Source snapshot
- Jun 6, 2026
(a)Within the limits of available funds in the Rural Housing Assistance Fund created by article XVII-A, the commissioner will make, and contract to make, rental assistance payments to sponsors in order to provide housing for persons and families of low income in FmHA-assisted projects.
(b)The division will select projects for funding from among eligible applicants based upon its evaluation of the proposed project in the light of the purposes and policy of article XVII-A. In making such selection, the division may rely upon the preapplication and other documents submitted by the applicant to, and information made available by FmHA; the division may also, to the extent it deems appropriate, obtain additional information from the applicant or any other source. Without limiting the power of the commissioner under this section, funding shall be awarded, in general, based upon the following criteria:
(1)a balanced distribution of program funds in respect to the need for adequate housing of low income households in rural areas of New York State;
(2)the existence of a substantial low-income population in the area, relative to its total population;
(3)the scarcity of safe, affordable rental housing for persons of low income in the area;
(4)the existence of substantial unmet housing needs on the part of the elderly, larger families, or any other special population group in the area, and the potential role of the project in meeting such needs;
(5)the degree of community involvement in the proposed project, including but not limited to the participation in sponsorship by corporations funded under article XVII of the Private Housing Finance Law or other community-based not-for-profit organizations;
(6)the feasibility of the project for early implementation;
(7)the degree to which rental assistance is needed to make the project available to low-income tenants;
(8)the cost of the subsidy relative to available cost containment measures, including but not limited to project design features and local real property tax abatement;
(9)the degree to which development of the project may generate additional funding or other support for low-income housing or related programs in rural areas.
9 NYCRR 2800.4 - Procedure
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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
- Later Register activity found — review the notice before relying on the compiled text.
- Latest notice
- TDA-12-24-00007-P · Proposed rule · Mar 20, 2024
- Source snapshot
- Jun 6, 2026
(a)Based upon a determination of the extent of funds available, the commissioner will issue, from time to time, a notice of funding availability (NOFA). This NOFA will be published in newspapers of general circulation in the various rural regions of New York State and contain the following:
(1)the approximate amount of funding available; and
(2)the general requirements for application submission.
(b)Applications received in response to NOFA will be processed as follows:
(1)Applications received on or before the deadline for submission will be reviewed for completeness. All incomplete applications and any applications received after the deadline will be returned to the applicants.
(2)Applications held for further review will be evaluated taking into consideration FmHA processing as well as the criteria specified in section 2800.3 of this Part.
(3)Based upon DHCR's evaluation, each application will be assigned a priority for funding.
(4)To the extent funds are available, the commissioner will select those applications with the highest priorities and issue to the appropriate applicants conditional commitments specifying the number of units by household type and amount of subsidy reserved for that project.
(5)Applicants with lesser priority will be held in a pipeline and will be considered for future funding if and when additional fundings become available. The applicants will be notified of their status and any conditions regarding future consideration.
(c)Projects selected pursuant to subdivision (b) of this section for funding will be issued a notification of award of rental assistance. Notifications of award of rental assistance are conditional upon obtaining FmHA approvals in a timely manner. In connection with its processing, DHCR will, to the maximum extent possible, rely on subsequent determinations made by FmHA, including but not limited to sponsor eligibility and project feasibility. The commitment made by DHCR may be rescinded upon notification by FmHA of any negative findings which prevent an application from being further considered. The sponsor shall signify in writing its acceptance of rental assistance for the project and its agreement to comply with article XVII-A and these regulations, and to enter into a rental assistance contract upon completion of the project.
(d)Upon certification by FmHA of the completion, or substantial completion, of the project to the satisfaction of FmHA, the commissioner shall enter into a rental assistance contract with the sponsor.
9 NYCRR 2800.5 - Rental assistance payments
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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
- Later Register activity found — review the notice before relying on the compiled text.
- Latest notice
- TDA-12-24-00007-P · Proposed rule · Mar 20, 2024
- Source snapshot
- Jun 6, 2026
(a)For each unit with respect to which rental assistance is provided, the amount of such assistance for each month, or other rental payment period, shall be the difference between the project rent established pursuant to subdivision (b) of this section and the tenant rent payment established pursuant to subdivision (c) of this section.
(b)
(1)The initial project rent shall be set by FmHA in accordance with title V and its regulations and procedures.
(2)Applications for adjustment in project rents shall be submitted to and processed by FmHA in accordance with exhibit C to subpart C of part 1930 of title 7 CFR, or other applicable Federal regulation. The project rent shall be deemed adjusted upon transmittal to the division by FmHA of a copy of its letter of approval to the sponsor setting new rents.
(c)The tenant rent payment shall be an amount equal to the applicable percentage of income, as prescribed by section 521 of title V and exhibit C to subpart E of part 1944 of title 7 CFR, or other applicable Federal rental assistance regulations.
(d)Every rental assistance contract shall specify the aggregate maximum amount of assistance over the term of such contract and shall provide that upon payment of such amount, the contract shall terminate.
9 NYCRR 2800.6 - Contract provisions and performance
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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
- Later Register activity found — review the notice before relying on the compiled text.
- Latest notice
- TDA-12-24-00007-P · Proposed rule · Mar 20, 2024
- Source snapshot
- Jun 6, 2026
(a)Rental assistance payments pursuant to article XVII-A will be made, in accordance with the provisions of section 2800.5 of this Part, pursuant to a rental assistance contract between the division and the sponsor.
(b)Rental assistance contracts shall provide for payments for a period of five years, subject, however, to the provisions of section 2800.5(d) of this Part and the availability of appropriated funds.
(c)Tenant selection criteria, including income eligibility and procedures shall be in accordance with applicable FmHA regulations implementing title V.
(d)Rental assistance contracts shall provide for ongoing review and evaluation of sponsor performance for compliance with the terms and policy of article XVII-A and the provisions of these regulations and of the contract. The division may, in connection with such review and evaluation, rely on documents submitted to, and audits and reviews conducted by, FmHA; but this shall not limit the power of the division to conduct its own review and evaluation. In order to permit such review and evaluation, the contract shall require the sponsor to:
(1)provide such reports and information as the contract shall specify or as the division may from time to time request; and
(2)permit access on the part of the division at all reasonable times to the project property and to all books and records relating to the project and its tenants.
(e)Every rental assistance contract shall provide that in case of any substantial violation of the contract or of article XVII-A or of these regulations which is not cured or remedied within 30 days of written notice thereof by the division to the sponsor and FmHA, the commissioner may terminate the contract on 10 days' written notice.