nycha management manual chapter v administration …

NYCHA MANAGEMENT MANUAL – CHAPTER V ADMINISTRATION OF SECTION 8 PROJECT- BASED PROGRAM

TABLE OF CONTENTS

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I. Introduction .......................................................................................................................... 1

A. Background .......................................................................................................................... 1 B. Purpose ............................................................................................................................... 1

II. Applicable Developments .................................................................................................... 1 A. New Construction: ............................................................................................................... 2 B. Substantial Rehabilitation and Property Disposition: ........................................................... 2

III. Definitions ............................................................................................................................ 2 IV. Required 50059/ 50009A and Subsidy Data Reporting ....................................................... 3

A. Monthly Voucher Submission Requirements ....................................................................... 4 B. Monthly Voucher Reconciliation ........................................................................................... 5 C. Correcting Discrepancies and Resubmission of Information ................................................ 5

V. Section 8 Contract Administrators ....................................................................................... 5 VI. Project Based Section 8 Service Provider ........................................................................... 6 VII. NYCHA Section 8 Coordinator Responsibilities ................................................................... 6

VIII. Civil Rights and Nondiscrimination Requirements ............................................................... 7 A. General Provisions .............................................................................................................. 7

IX. Eligibility Requirements for Assistance and Admission to Section 8 Project-Based Developments ...................................................................................................................... 7

A. Program Eligibility ................................................................................................................ 8

B. Project Eligibility ................................................................................................................... 8 C. Student Eligibility for Section 8 Assistance .......................................................................... 9 D. Remaining Family Members .............................................................................................. 10

X. Waiting List and Tenant Selection ..................................................................................... 11

XI. Marketing ........................................................................................................................... 11 A. Affirmative Fair Housing Marketing Plan ............................................................................ 11 B. Fair Housing Poster ........................................................................................................... 12

XII. Determining Income and Deductions ................................................................................. 12 A. Project Based Section 8 Income Review Exceptions ......................................................... 12

B. Determining Total Tenant Payment ................................................................................... 13 C. Calculations ....................................................................................................................... 13

XIII. Lease Requirements and Security Deposit ........................................................................ 15 A. Unit Inspection Move-in Report .......................................................................................... 15

B. Applicable Leases and Attachments .................................................................................. 16 C. Security Deposit ................................................................................................................. 17

XIV. Annual Review and Interim Changes ................................................................................. 19 A. Scheduling ......................................................................................................................... 19

B. Annual Review Packet ....................................................................................................... 20 C. Third-Party Verification ...................................................................................................... 21 D. Annual Reviews for Ineligible Tenants ............................................................................... 22

E. Suspension or Termination of Section 8 Subsidy .............................................................. 22 F. Extenuating Circumstances ............................................................................................... 23 G. Retroactive Credits and Charges ....................................................................................... 26 H. Post Approval Signatures .................................................................................................. 27

XV. Interim Rent Change Guidelines ........................................................................................ 27


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A. Tenant Reporting Requirements ........................................................................................ 28 B. Tenant Requests for Interim Rent Changes ....................................................................... 28 C. Mandatory Interim Rent Changes ...................................................................................... 28 D. Processing Interim Changes .............................................................................................. 29

E. Record Keeping ................................................................................................................. 30 XVI. Apartment Transfers and Move-Outs ................................................................................. 30

A. Tenant Selection & Assignment Plan (TSAP) System Overview ....................................... 30 B. Occupancy Standards........................................................................................................ 31 C. Requirement to Transfer to Appropriate Size Apartment ................................................... 31

D. Move-Out / Move-In Inspection Report .............................................................................. 31 E. Move- Out Balance Processing ......................................................................................... 31 F. Claims for Vacancy Loss after Move-Out ........................................................................... 32

G. Related Information on Transfers and Move-outs .............................................................. 35 XVII. Gross Rent Changes ......................................................................................................... 35

A. Submission Process .......................................................................................................... 35

B. Approval Process ............................................................................................................... 36 XVIII. Termination of Tenancy and Termination of Subsidy ......................................................... 36

A. Termination of Tenancy Proceedings ................................................................................ 37

B. Termination of Subsidy Proceedings ................................................................................. 38 C. Related Information on Termination of Tenancy ................................................................ 39

XIX. Tenant Folder Organization ............................................................................................... 39 A. Left Side of Folder ............................................................................................................. 39 B. Right Side of Folder ........................................................................................................... 40

XX. Related Forms ................................................................................................................... 41

A. NYCHA Forms ................................................................................................................... 41 B. HUD Forms ........................................................................................................................ 41


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I. Introduction

A. Background

Under the Project-Based Section 8 Program, the Department of Housing, and Urban Development (HUD) provides funding to NYCHA through a Housing Assistance Payment (HAP) contract. The Section 8 financial assistance provides a subsidy that bridges the gap between rents needed to operate a development and rents affordable to tenants. Under this program, tenants pay a rent Payment based upon 30% of the family‟s adjusted income adjusted by the applicable utility allowance amount. The Total Tenant Payment is the tenant rent plus the applicable utility allowance, which is paid by HUD. NYCHA receives Housing Assistance Payments (HAP) from HUD each month, on behalf of the tenant, that is the difference between the HUD approved contract rent and the tenant rent/payment.

B. Purpose

This Chapter of the Management Manual explains the procedures for complying with HUD‟s Project-Based Section 8 Program requirements, including tenant eligibility, applicant priority, tenant income and rent determinations, prohibition of discrimination. This Chapter includes relevant procedures and requirements regarding:

Applicable Developments

Contract Administrators

Civil Rights and Nondiscrimination

Eligibility for Assistance and Occupancy Procedures

Waiting list and Tenant Selection Management

Marketing Guidelines

Determining Income and Rent Calculation

Lease Requirements and Leasing Activities

Recertification, Unit Transfers, and Gross Rent Changes

Termination of Tenancy Procedures

Subsidy Data Reporting Requirements

II. Applicable Developments


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This Chapter of the Management Manual applies to the following developments that are part of NYCHA‟s Project-Based Section 8 Program:

A. New Construction:

Bronxchester, Saratoga Square, and Campos Plaza I - Each development in this program is covered by a separate HAP contract

B. Substantial Rehabilitation and Property Disposition:

East 4th Street, East 120th Street, Milbank-Frawley, and Metro-North Rehabs Apartments. Each development is covered by a single HAP Contract.

III. Definitions

The following definitions are intended to provide a brief description of commonly used terms. For more detailed descriptions refer to the appropriate sections in Chapter V.

Contract Rent - The rent HUD or the HUD Contract Administrator has approved for each unit type covered under an assistance contract. The rent may be paid by the tenant, HUD, or both. Refer to the development‟s rental schedule (form HUD-92458) or Rental Assistance contract for exact amounts.

Gross Rent - The amount of rent that HUD or the HUD Contract Administrator has approved for each unit type covered under an assistance contract and utility allowances

Housing Assistance Payment (HAP) - The payment made by HUD to the owner of an assisted unit as provided in the contract. Where the unit is leased to an eligible family, the payment is the difference between the contract rent and the tenant rent.

Management Occupancy Review (MOR) - HUD Mandated On-site Review of development operation

Total Tenant Payment (TTP) - The amount a tenant is expected to contribute for rent and utilities

Tenant Rent - The amount payable monthly by the family as rent to the owner:

Where all utilities (except telephone) and other essential housing services

are supplied by the owner, tenant rent equals total tenant payment.


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Where some or all utilities (except telephone) and other essential housing

services are not supplied by the owner, tenant rent equals total tenant payment less the utility allowance.

The Tenant Rental Assistance Certification System (TRACS) -TRACS collects certified tenant data and subsidy payment vouchers from owners and management agents of multifamily housing projects from the owners and electronically transmitted to the HUD System by TRACS.

IV. Required 50059/ 50009A and Subsidy Data Reporting

HUD requires all subsidy-related data to be transmitted into the HUD Tenant Rental Assistance Certification System (TRACS) through the use of HUD form 50059 for all annual reviews and interim changes and HUD form 50059A for all move-ins, move-outs, gross rent changes, and transfers. TRACS data includes tenant data, requests for payment of housing assistance, utility reimbursements, and special claims.

HUD requires a minimum accuracy reporting rate of 95% for HUD Forms 50059 and 50059A. In order to achieve NYCHA‟s objective of an accuracy reporting rate of 100%, Property Managers or designees must:

Ensure that all tenant data entries made in the Tenant Data System (TDS) are accurate.

Respond to all Alert Messages indicated in reports from the HUD Enterprise Income Verification (EIV) System.

Follow-up on all data in the HUD Enterprise Income Verification (EIV) System having a “Failed Status” or indicating a Multiple-Subsidy, i.e., individuals receiving assistance through multiple Federal housing programs.

Development staff must enter all subsidy-related data in the Tenant Data System (TDS) and forward hard copies of HUD 50059 or 50059A form to the NYCHA Service Provider.

NOTE: For instructions on how to complete HUD forms 50059 and 50059A, refer to Instructions for HUD form 50059 in the NYCHA Forms and Reference Library, Other Publications section.

NYCHA Section 8 Coordinator coordinates HUD required subsidies through NYCHA‟s Information Technology Department and the NYCHA Service Provider.


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NOTE: Failure to correct Fatal Errors in TDS results in unprocessed HUD Forms 50059 and 50059A and may result in financial sanctions against NYCHA.

A. Monthly Voucher Submission Requirements

1. The Property Manager or designee of a Project-Based Section 8 property

is responsible for submitting to the NYCHA Service Provider, on a monthly basis, for all tenants receiving Section 8 project-based assistance, the following Monthly Voucher documents:

a. Housing Assistance Payment (HAP) Voucher Request

NYCHA form 040.775, Monthly Voucher Request (EPS, Inc. HAP Voucher Request), initiates the voucher process. The Property Manager or designee forwards a signed and dated HAP Voucher Request form along with supporting documents by 5 p.m. on the first business day of each month to the NYCHA Service Provider.

The Property Manager must ensure that the HAP Voucher Request includes the following:

The date indicating the month and year of the next voucher preparation date for the development

Development name, as it appears on the monthly HAP voucher

HUD 50059 and/or HUD 50059A forms, indicating reported annual reviews, interim changes, move-ins, or unit transfers

The number of HUD 50059 and/or HUD 50059A forms submitted for that month

Changes in occupancy, i.e. move-outs, unit transfers and terminations

Any reported Vacancies and Market Renters, including the correct unit types on the voucher

HUD Form 50059 with signatures of all adult household members for new move-ins, Annual Reviews, or interim changes processed during the prior month

Monthly Voucher Detail Report, NYCHA form 040.774

All Monthly Voucher documents for each tenant must be maintained in a file in the Property Manager‟s Office.


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2. The NYCHA Service Provider is responsible for submitting to the HUD Contract Provider, on a monthly basis, for all tenants receiving program assistance, the following Monthly Voucher documents:

a. Form HUD-52670, Housing Owner‟s Certification & Application for

Housing Assistance Payments, properly supported by:

Form HUD-52670-A part 1, Schedule of Tenant Assistance Payments Due

Form HUD-52670-A part 2, Schedule of Section 8 Special Claims

Form HUD-52671-A through D, Special Claims Worksheets

Form HUD-50059A- for all move-ins, move-outs, gross rent changes, and transfers

B. Monthly Voucher Reconciliation

On a monthly basis, the Property Manager or designee must reconcile the monthly voucher submissions for each account with the Voucher Payment Report received from the NYCHA Service Provider. Any payment discrepancies are to be resolved with the NYCHA Service Provider and the NYCHA Section 8 Project-Based Coordinator.

C. Correcting Discrepancies and Resubmission of Information

If HUD-TRACS finds errors in the transmission, the Project Based Section 8 Service Provider contacts the Property Manager requesting the correction of the error(s). Development staff must correct data errors before resubmission to Project Based Section 8 Service Provider

Resubmissions with corrected data follow the same procedure as the original submission.

Development staff must attempt to correct all tenant errors prior to the end of the voucher filing period.

V. Section 8 Contract Administrators

Section 8 Contract Administrators are agents under agreement with HUD to oversee HUD‟s Section 8 contracts. Subsidy contract administration involves a broad range of responsibilities, including program compliance functions to ensure that HUD-subsidized properties are serving eligible families at the correct level of assistance; asset management functions to ensure the physical and financial health of HUD-assisted properties, the review and transmission of


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monthly vouchers to HUD TRACS for subsidy distribution, and Management Occupancy Reviews (MOR).

Section 8 developments are required to post the name, address, and phone number of the contract administrators in the development and management office.

For further information about the Section 8 Contract Administrator, contact the NYCHA Section 8 Coordinator at 212-306-8550.

VI. Project Based Section 8 Service Provider

NYCHA utilizes a service provider who interacts with the Section 8 Contract Administrator on NYCHA‟S behalf and assists in the administration of Section 8 contracts by providing the following services to development staff:

Interact with development staff to collect documentation to submit Section 8 Monthly vouchers to HUD and the HUD Contract Administrator on NYCHA‟s behalf

Upon receipt of a hard copy of the 50059 from development staff, processes and submits HUD 50059 forms electronically to HUD and submits copies to Contract Administrator for review

VII. NYCHA Section 8 Coordinator Responsibilities

The NYCHA Section 8 Coordinator‟s responsibilities include coordinating all program compliance functions to ensure the continued payment of Housing Assistance Payments. These responsibilities include, but are not limited to, the following:

Monitoring the processing of income reviews and subsidy billings in TRACS

Initiating contract rent and utility allowance changes and HAP contract renewals

Developing and updating HUD-approved Affirmative Fair Housing Marketing Plan to ensure compliance with 24 CFR 200.620

Identifying and updating all necessary NYCHA‟s Section 8 Project-Based Program forms

Distributing HUD Section 8 Project-Based Program training materials and program updates to development staff and other departments as necessary, i.e., Notify IT of updated income limits

Monitoring compliance with Contract Administrator audits


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Monitoring development compliance with Section 8 program requirements

Providing Section 8 Project Based Program training for development staff

VIII. Civil Rights and Nondiscrimination Requirements

Property Managers of Section 8 Project-Based developments are subject to several important federal civil rights laws affecting both admission and occupancy. These requirements seek to ensure that all applicants have equal access to affordable housing and that staff treats all tenants equitably.

A. General Provisions

Federal civil rights laws addressing fair housing prohibit discrimination against applicants or tenants, based on one or more of the following classifications:

1. Race 2. Color 3. National origin 4. Sex 5. Age 6. Disability 7. Religion 8. Familial status

NOTE Familial status refers to families living with children under the age of 18, regardless of age or number of children. Familial status also includes pregnant women, families that are planning to adopt, and families that have, or are planning to have, foster children or to become guardians of children.

NOTE For further information on civil rights and nondiscrimination requirement, staff may also refer to HUD Guidebook 4350.3., Section 2, Civil Rights and Nondiscrimination Requirements.

IX. Eligibility Requirements for Assistance and Admission to Section 8 Project-Based Developments

The Authority‟s Tenant Selection and Assignment Plan (TSAP), governs the selection for rental of certified applications and transfer requests. Applicants applying for this program complete NYCHA form 070.002, Application for Project Apartment. Applicants and existing tenants including remaining family member


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claimants must meet the following program and project eligibility requirements to be eligible for a Project Based Section 8 development. A. Program Eligibility

The family‟s annual income must not exceed program income limits. Refer to Appendix C of this procedure for more information. For students under the age of 24, staff must include the students‟ and the parents‟ income in determining Income eligibility. Refer to Section IX A.3 of this standard procedure for more information.

Applicants must disclose social security numbers for all family members and provide proof of the numbers reported.

All adults in each applicant family must sign HUD form(s) 9887 and HUD 9887A, Authorization for Release of Information, prior to receiving assistance and annually thereafter.

The unit apartment for which the family is applying must be the family‟s only residence.

An applicant must agree to pay the rent required by the program, through which the applicant will receive assistance.

Only US citizens or eligible non-citizens may receive housing assistance under Section 8.1

All information reported by the family is subject to verification.

B. Project Eligibility

Some developments, or apartment units within some developments, are designed for specific types of households: most frequently, for elderly families or persons with disabilities.

To be eligible for a Section 8 development:

An applicant or tenant must qualify as the designated family type for the development, e.g., senior citizens.

Unit apartment size standards established for the project must be met. Refer to Appendix B for occupancy standards.

1 Staff must obtain verification of a signed declaration of U.S. citizenship or U.S. nationality from all

household members.


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C. Student Eligibility for Section 8 Assistance

Students under 24 years of age separately applying for or residing in Project based Section 8 developments are subject to the following special student income eligibility rules. This rule does not apply to students living with their parents or legal guardians. 1. Inclusion of Parental and Student Income

a. Student Definition

Section 8 Housing Assistance regulations requires NYCHA to include the students‟ and the parents‟ income in determining income eligibility initially upon a student‟s application for Project Based Section 8 and at every annual income review if the student(s) is under the age of 24 years old, living separately from their parents and:

Is Unmarried, or

Is not a veteran, or

Has no dependents, or

Is not an orphan or ward of the court, or

Is not a graduate or professional student, or

Does not demonstrate independence from parents, using the following criteria:

Has established a household separate from parents, or legal guardians, for at least one year prior to application for occupancy, or meets the U.S. Department of Education‟s definition of an independent student, and

Has obtained a certification of the amount of financial assistance that will be provided by parents, signed by the individual providing the support. This certification is required even if no assistance will be provided, and

Has not been claimed as a dependent by parents, or legal guardian(s), pursuant to IRS regulations, and

Is of legal contract age under State law

b. Student Income Eligibility

Staff must use the combined parental and student income when initially determining a student‟s eligibility and at each annual review to


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determine if the student meets the HUD Low Income limit as indicated in Appendix C. The student income includes all financial assistance received in excess of tuition. Acceptable documentation for parental income is IRS tax returns, pay stubs, bank statements, TANF, or SSA Award letters, etc.

(1) Applicants who exceed the HUD Admission Income limit are

ineligible for admission.

(2) Current tenants including Remaining Family Members who exceed the HUD Low Income limit are ineligible for Section 8 Housing Assistance and must pay the full Contract rent.

2. Non-Inclusion of Parental Income

If a student under the age of 24, applying for or residing in a Project Based Section 8 development separately from their parents, is married, has dependents, is a veteran, court ward, graduate student, or establishes financial independence as noted in Section B. above, the parental income is not counted in determining income eligibility. The student income includes all financial assistance received in excess of tuition.

3. Rent Calculation

Upon determining if the student is income eligible for the Section 8 program, development staff uses only the student‟s income in determining rent.

D. Remaining Family Members

When a head of household moves out of the apartment development staff must determine if the remaining family member meets NYCHA‟s eligibility requirements for remaining family member status and Section 8 low income eligibility requirements to receive Project Based Section 8 Housing Assistance.

Refer to the Management Manual Chapter I, Occupancy for remaining family member criteria and Appendix C, Section 8 Housing Assistance Low Income Limits for more detailed information about Remaining Family Members. If the remaining family member is eligible for the development, but not continued Section 8 Housing Assistance due to excess income, (s) he may


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remain in the unit apartment, but pays the contract rent and receives no housing assistance.

NOTE Staff must initiate legal action immediately for all apartments in which a single person occupant is deceased and an unauthorized occupant(s) remains in the apartment.

X. Waiting List and Tenant Selection

The Authority‟s Tenant Selection and Assignment Plan (TSAP), governs the selection for rental of certified applications and transfer requests. The tenant selection plan ensures that tenants are selected for occupancy, in accordance with HUD requirements and established management policies. For further information about tenant selection, refer to the following Manuals located in the Forms and Reference Library:

Applications and Tenancy Administration Department Manual, Chapter V, Eligibility Division-Public Housing Program

NYCHA Management Manual, Chapter I, Occupancy

Tenant Selection Assignment Plan (TSAP) System Manual and Appendices

XI. Marketing

A. Affirmative Fair Housing Marketing Plan

Each multifamily property built or substantially rehabilitated must develop, implement, and periodically review an Affirmative Fair Housing Marketing Plan (Form HUD-935.2).

The marketing effort should attract a broad cross-section of the eligible population without regard to race, color, religion, sex, disability, familial status, or national origin.

During compliance reviews, staff must provide information documenting their compliance with affirmative fair housing marketing requirements and their approved plan.

The Section 8 Housing Coordinator must revise the Affirmative Fair Housing Marketing Plan whenever a substantial change takes place or the local Consolidated Plan is updated. The revised plan must be submitted to HUD for approval.


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When HUD or another contract administrator conducts an on-site review, it will monitor that affirmative fair housing marketing is actually performed in accordance with the Affirmative Fair Housing Marketing Plan.

B. Fair Housing Poster

Staff must post and maintain the required Fair Housing Poster in each development Management Office.

NOTE: The Fair Housing Poster must be prominently displayed, so that it is readily apparent to all persons seeking housing. Development staff may use a facsimile of the poster, if the facsimile and lettering are equivalent in size and legibility to the poster available from HUD.

XII. Determining Income and Deductions

A family‟s anticipated gross income and, if applicable, asset income determines not only eligibility for assistance, but also the rent a family will pay, and the subsidy required. Project Based Section 8 Program Income Review requirements are similar to public housing with the exceptions listed below. For further information on verifying and determining income, deductions and exclusions, and calculating rent, refer to:

NYCHA Management Manual, Chapter III, Income Review and Verification & Interim Changes

GM 3707-Revised, Income Review: Third Party and Citizenship Verification

NYCHA Management Manual, Chapter V, Section XIIA. , Project Based Section 8 Income Review Exceptions

A. Project Based Section 8 Income Review Exceptions

1. Excess Student Financial Assistance

For Section 8 programs only, any financial assistance, in excess of amounts received for tuition that an individual receives under the Higher Education Act of 1965, is considered income to that individual. However, such financial assistance is not considered annual income for persons over the age of 23 with dependent children, or if a student is living with his or her parents who are receiving Section 8 housing assistance.


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2. Earned Income Disallowance

Tenants in the Section 8 Project Based Program are not entitled to the earned income disallowance.

3. Use of Exact Income Amounts (No Rounding Off)

Development staff must use exact income amounts reported in EIV or income verification documents when completing income reviews including dollars and cents.

B. Determining Total Tenant Payment

Under the Section 8 Project-Based program, the tenant's income is subject to annual reexamination. The actual income, subject to exclusions and deductions the family will receive during the next twelve (12) months, is used to determine and calculate the tenant‟s Total Tenant Payment (TTP), which is the amount the tenant is expected to contribute for rent and utilities.

The Total Tenant Payment will be the highest of the following amounts:

30% of the family‟s monthly adjusted income, not to exceed the contract rent. If 30% of adjusted income exceeds the contract rent, the rent is set at the contract rent.

10% of the family‟s monthly gross income, not to exceed the contract rent

Welfare rent, or welfare payment from agency, to assist family in paying housing costs.

Section 8 Project-based tenants must pay a minimum Total Tenant Payment (TTP) of $25. The minimum rent is used when 30% of adjusted monthly income and 10% of gross monthly income, and the welfare rent, where applicable, are all below $25.

The minimum rent includes the tenant‟s contribution for rent and utilities. In any unit in which the utility allowance is greater than $25, the full TTP is applied toward the utility allowance. The tenant will receive a utility reimbursement for the amount by which the utility allowance exceeds $25.

C. Calculations

The Tenant Data System (TDS) calculates the appropriate Total Tenant Payment that includes the tenant‟s contribution for rent and utility allowance.


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1. Tenant Contribution

The tenant rent is calculated after determining the adjusted net income of the household, less the following statutory deductions and any utility allowance:

$480 for each dependent

$400 for each elderly or disabled family

Child care expenses necessary to enable a family member to be employed, actively seek employment, or to further his or her education provided that: Maximum Allowable Child Care Fees are $50/wk for one child

$80/wk for more than one child No other family member is available to provide this care, and

expenses are not paid to a family member living in the a apartment Expenses are not reimbursed by an agency or individual outside

the household Amount deducted does not exceed the income earned by the

tenant. Child Care deductions for students are not limited to income earned but subject to the Maximum Allowable Child Care Fees indicated above.

Tenant verifies the exact payment with a statement signed by the care provider

The sum of following items, to the extent that the sum exceeds three (3) percent of Annual Income:

Unreimbursed medical expenses for any elderly or disabled family. These expenses include, but are not limited to, amounts paid for transportation, primarily for and essential to medical care as follows:

Actual costs of train, bus, or taxi fares

Car expenses at the rate of 16.5 cents per mile

Any other IRS allowable medical expense that is regular, ongoing, and anticipated2

Unreimbursed reasonable attendant and auxiliary apparatus expenses for each member of the family who is a person with a disability needed to enable an adult family member (including the member who is a person with disabilities) to work, but this allowance

2 Refer to publication IRSPub502, IRS Medical and Dental Expenses in the Forms and Reference

Library in “Other Publications”


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may not exceed the earned income of the family members age 18 and over who are able to work because of such attendant care of apparatus.

2. Utility Allowance

Where there is a utility allowance, tenant rent is the greater of:

30% of the monthly adjusted income less the utility allowance

25% of monthly adjusted income, or

Minimum Rent of $25 (Refer to Section 2.b., if negative payment is due tenant)

a. No Utility Allowance

When there is no utility allowance, tenant rent is greater than 30% of monthly adjusted income

b. Utility Reimbursement

When the TTP is less than the utility allowance, the tenant receives a utility reimbursement, which is calculated by subtracting the TTP from the utility allowance, to assist in meeting utility costs. The tenant will pay no tenant rent. For assistance in setting up a recurring utility reimbursement, staff must contact the Section 8 Project-Based Coordinator at 212-306-8550.

Example – Utility Reimbursement for a Tenant Paying Minimum Rent The Smith family qualifies for the minimum total tenant payment of $25. The family pays its own utility bills. The utility allowance for the unit is $75 a month. NYCHA sends the Smith family a check each month for $50 ($75-$25) as a utility reimbursement. The Smith family does not pay any tenant rent to NYCHA.

XIII. Lease Requirements and Security Deposit

A. Unit Inspection Move-in Report HUD requires that a joint apartment inspection, with the new tenant and Management staff, be conducted prior to the execution of the lease and the tenant moving into the apartment. Before a new tenant moves in, staff performs a Move-In Inspection and inputs the results into the Maximo System using the Maximo Move-In/Move-Out Inspection form.


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The designated Management staff member completes and signs the Move-In/Move-Out Inspection form, and obtains the new tenant‟s signature. The Move-In/Move-Out Inspection form is attached to the tenant‟s lease, and filed in the tenant‟s folder.

NOTE: To ensure that the date of the inspection is conducted prior to moving in, all inspections must be conducted the day the keys to the apartment are issued.

B. Applicable Leases and Attachments

HUD Regulations for Multifamily Properties requires that tenants be given various notices/brochures at the time of the initial move-in and at each annual recertification. The following leases and related documents are used for the Section 8 Project-Based Program:

NYCHA form 040.366, NYCHA Residential Lease Agreement Section 8 Project Based Housing Assistance-NYCHA Owned and Operated Building

HUD 50059 form signed by the tenant and the development Property Manager

Move-in inspection report signed by both the tenant and the development Property Manager

Lead-based paint disclosure form (if applicable)

Lease Addendum – Violence Against Women and Justice Department Reauthorization Act of 2005

Pet Policy

The lease must:

State that tenants are permitted to keep common household pets in their units

State that the tenant agrees to comply with the pet rules and that a violation or the rules may be grounds for removal of the pet or termination of the pet owner‟s tenancy or both.

Refer to Management Manual, Chapter I, Occupancy, Section XVI, Pets for guidance on the pet policy.


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NOTE: The tenant and Property Manager or designee must sign and date the Resident Acknowledgment form. Staff must file the form along with the annual recertification documents, the original signed HUD 9887-Notice and Consent to the Release of Information, and the original signed HUD 9887A – Applicant‟s/Tenant‟s Consent to the Release of Information in the tenant folder.

1. Posting of Leasing Policies, Rent Schedules and Fees

Rules and regulations, and the schedule of special charges for services, repairs and utilities, which are required to be incorporated in the lease by reference shall be publicly posted in a conspicuous manner in the development Management Office and furnished to residents upon request.

2. Tenant Notification of Leasing Policies and Fees Modification(s)

Leasing requirements, policies, contract rent schedules, and fees may be modified by NYCHA provided that staff gives 30-day written notice to each affected tenant that describes and explains the reason for the proposed modification, and provides the tenant an opportunity to present written comments which shall be taken into consideration by staff prior to proposed modification(s) becoming effective. A copy of such notice shall be:

Delivered directly or mailed to each tenant, or

Posted in at least three conspicuous places within each structure or building in which the affected dwelling units are located, as well as in a conspicuous place at the development office

C. Security Deposit

The security deposit amount is established at the initial lease execution or

move-in and is not subject to modification with changes in tenant‟s income or rent. The following security deposits apply for the Section 8 Project-Based Program:

1. New Tenant

Each new tenant must pay by check or money order the greater of one month‟s total rent (tenant‟s payment portion and utility allowance) or $50 at the time of the initial lease execution or move-in. HRA Security


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Agreements are prohibited. Staff may not proceed with the lease execution for tenants who cannot pay the security deposit at move-in.

New residents of Section 8 Project-Based Developments are not charged for shades, smoke detectors, or carbon monoxide detectors at the initial move-in or transfer. HUD regulations allow the New York City Housing Authority to collect at the initial move-in, one month‟s rent and a security deposit equal to the Total Tenant Payment (TTP). The Total Tenant Payment (TTP) is equal to the tenant share of rent in addition to the applicable utility allowance in effect for the resident apartment size.

The Section 8 Project-Based Developments are indicated below:

Bronxchester

Campos Plaza

Milbank Frawley

Saratoga Square

East 4th Street

East 120th Street

All questions regarding this matter should be addressed to the Section 8 Project-Based Coordinator at 212-306-8550.

2. Transfers

A new security deposit payable by check or money order must be collected for all transfers. If HRA or the tenant originally paid a security deposit, the original security deposit must be refunded.

3. Annual Interest Earned on Tenant Security Deposits

The interest earned on tenant paid security deposits is credited to tenant accounts on, or about, the 1st of February of each year. The Accounting and Fiscal Services Department annually determines the applicable interest rate and the Information Technology – Business Solutions Technology Department (ITBST) processes credits to tenant accounts, based upon the applicable interest rate and the amount of the security deposit.

4. Refunding the Security Deposit

Within 30 days after the tenant‟s move-out date, staff in the Department of Accounting and Fiscal Services, Treasury Unit must either:


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Refund the full security deposit, in addition to any accrued interest to a tenant that does not owe any amounts under the lease, or

When applicable, provide the tenant with an itemized list of any unpaid rent, damages to the unit apartment, and the estimated cost for repair, along with a statement of the tenant‟s rights under State and Local law.

In order to comply with the 30-day guideline, Property Managers must expedite the processing of Section 8 Project-Based move-outs by using NYCHA form 040.033, Notice of Apartment to be Vacated. For related information on leasing requirements and leasing activities staff may refer to NYCHA Management Manual, Chapter I, Occupancy.

XIV. Annual Review and Interim Changes

HUD requires the reexamination of every resident's family composition and income at least every 12 months. Section 8 residents are mailed an Annual Review Packet containing an Affidavit of Income and related documents, attesting to family composition and income. Upon review and verification of the provided information, NYCHA determines the resident‟s rent. Section 8 leases are automatically renewed during the Annual Review process, unless NYCHA or the tenant gives prior notice of intent to terminate the lease. Staff at Project-based Section 8 developments completes Annual Reviews for residents who participate in the Section 8 Program. Staff is provided training on Annual Review income and rent calculation policies of the Section 8 Program.

HUD will terminate assistance payments for any Annual Review not completed within 15 months of the previous year‟s change. Development staff must comply with all deadlines and Annual Review requirements noted in this Chapter, in order to avoid loss of revenue to the Authority.

A. Scheduling

Annual Reviews are scheduled for completion every twelve months, based on a quarterly schedule. The resident‟s stair hall address determines the Annual Review Quarter. Leases are initially for a term of one year, and continued thereafter for successive terms of one month, unless automatically terminated, in accordance with Paragraph 23 of the NYCHA Resident Lease Agreement.


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The Annual Review Effective Date coincides with the commencement date of lease renewals. Annual Review Quarters, Annual Review Effective Dates, and Section 8 Lease Renewal Start Dates, are indicated below:

NOTE: Residents may be scheduled for two Annual Reviews within a 12-month period, due to differences between the Lease Renewal Commencement Date and Annual Review Effective Date. If the second Annual Review is scheduled less than six months after the initial Annual Review, a “no change” Annual Review is completed.

B. Annual Review Packet

1. Standard Annual Review Packet Mailing

The General Services Department mails the standard Annual Income Review Packet to all Project-based Section 8 tenants, in accordance with timeframes indicated in Table A-Project-Based Section 8 Annual Review Processing Schedule. The standard Annual Income Review Packet includes the following:

NYCHA form 040.297A, Instructions for Completing the Occupant’s Affidavit of Income (English/Spanish)

NYCHA form 040.297, Occupant's Affidavit of Income (English/Spanish)

ANNUAL REVIEW QUARTERS

REVIEW PERIOD

ANNUAL REVIEW EFFECTIVE DATES (PROJECT BASED SECTION 8 LEASE

RENEWAL START DATES)

First Quarter (1/1 – 12/31)

May 1

Second Quarter (4/1 – 3/31)

August 1

Third Quarter (7/1 – 6/30)

November 1

Fourth Quarter (10/1 – 9/30)

February 1


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NYCHA form 040.013, Income Summary of Earnings Statements, also known as the MD-34.

NYCHA form 040.747, Applicant’s / Tenants Consent to Release Information 9887 / 9887-A

NYCHA form 040.608, Third Party Verification-Consent to Release Information

2. Additional Information and Termination of Tenancy Notices

NYCHA requires all tenants to annually submit a completed NYCHA form 040.297, Occupant’s Affidavit of Income (English and Spanish), also known as “AOI”, and related documents. Upon review and verification of the provided information, NYCHA determines the tenant‟s rent.

C. Third-Party Verification

1. Enterprise Income Verification (EIV) System

HUD mandates the use of the Enterprise Income Verification (EIV) system in its entirety, including reports as a third party verification source for all sources of tenant income and deductions when:

Completing an Annual Review or Interim Change

Renting an apartment to an applicant or transferee

Processing additional family member and Remaining Family Member requests

Required by HUD at specified intervals Staff is provided training on EIV System use and security.

Refer to Management Manual Chapter III, Section VII., Third Party Verification, and Standard Procedure 040:05:2, Enterprise Income Verification (EIV) System Access and Security for Public Housing and Housing Choice Voucher Programs, for more information about Third Party Verification.

2. Consent Forms

Project-Based Section 8 development staff is provided access to HUD‟s EIV System to obtain income data and reports regarding Project-Based Section 8 residents/applicants. In order for development s taff to obtain resident/applicant income data, residents/applicants must sign consent forms: NYCHA form 040.747, Applicant’s / Tenants Consent to Release


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Information 9887 / 9887-A, and NYCHA form 040.608, Third Party Verification-Consent to Release Information, as required by NYCHA.

3. EIV Reports

NYCHA staff must utilize the following EIV reports according to the instructions detailed in Management Manual Chapter III, Section VII. A., Earned Income Verification System Use:

Deceased Tenant Report

Existing Tenant Search Report

Identity Verification Report

Immigration Report

Multiple Subsidy Report

New Hires

Summary Report or Income Report

D. Annual Reviews for Ineligible Tenants

Annual reviews for Ineligible Tenants can be completed if the tenant has agreed in writing to allow NYCHA to accept annual review documents, recalculate rents, and process lease addendums while legal action is pending, without prejudice to the NYCHA basis for ineligibility. The Law Department, upon request from development staff, will include in all court stipulations, hearing or article 78 requests, a stipulation that during the pendency of the court or hearing proceeding, NYCHA may treat the ineligible tenant as a tenant for all purposes including but not limited to annual reviews, reviewing family composition, verifying income and calculating use and occupancy, all without prejudice to any issue in the proceeding. For all other eligible tenants, the annual review can be completed up to the point where the NYCHA Board has determined the tenant(s) are ineligible.

E. Suspension or Termination of Section 8 Subsidy

The following procedure applies if a tenant does not submit required Annual Review documentation in a timely manner:

Three Reminder notices are sent advising residents of Termination of Subsidy action

After expiration of required deadlines indicated in Reminder Notices, NYCHA form 040.623, Lease Addendum and Rent Notice, is mailed to


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the resident, a calendar month in advance, increasing the Family Portion of Rent to the full Contract Rent.

A tenant‟s Section 8 Subsidy may be suspended or terminated due to the following reasons: 1. Failure to Complete Annual Review Process

Residents who fail to submit all, or part of, required Annual Review documentation on a timely basis are subject to the following actions:

Payment of the Contract Rent, upon termination of subsidy

Retroactive rent charges, if verification indicates that rent should have increased at some earlier date

2. Tenant No Longer Eligible for Subsidy

Suspension from the Section 8 Program occurs when the Family Portion of Rent is equal to or higher than the total Contract Rent, i.e., resident receives a Section 8 subsidy of zero. Residents with a suspended Section 8 status may remain in occupancy unless they are subsequently terminated from tenancy.

Refer to Table A and Section XV, Termination of Tenancy and Termination of Subsidy for information.

F. Extenuating Circumstances

If there are extenuating circumstances that prevented the tenant from submitting all, or part of, required Annual Review documentation on a timely basis, and the rent was raised to the contract rent, the Property Manager may issue a retroactive credit for the difference between the contract rent and the new rent, if the tenant provides:

All required Annual Review documents

Proof of extenuating circumstances preventing the submission of annual review documents, for example, hospitalization, family emergency requiring out of town travel, military duty overseas, and disability


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If the Property Manager or designee determines that extenuating circumstance(s) was present, development staff completes the annual review and issue a retroactive credit back to the Annual Review effective date.

NOTE: Detailed Interview Record entries must be made indicating the reason(s) why restoration is approved or disapproved.


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Table A-PROJECT-BASED SECTION 8 ANNUAL REVIEW PROCESSING SCHEDULE

Annual Review Quarters

Annual Review Dates for the period of:

Annual Review Packets Sent by General Services Given to Tenant by this date:

Annual Review Documents Due Due Date for Tenant Submission of all Annual Review Documents

First Reminder Notice (040.400) If Annual Review Documents not submitted, mail First Reminder Notice on the day after Annual Review Documents Due Date

3

Second Reminder Notice (040.400A) If Annual Review Documents not submitted, mail on this date Second Reminder Notice.

1

Third Reminder Notice (040.400B) If Annual Review Documents not submitted, mail on this date. Third Reminder Notice, which Informs tenant of Section 8 Termination in 60 days.

4

Annual Review Effective Dates and Initial Notice for Upcoming Recertification (040.366B) If subsidy terminated, tenant payment increases to Contract Rent amount.

5

Obtain resident signature acknowledging receipt of initial Notice on NYCHA form 040.366B.

1st 1/1-12/31

12/1

1/1 12/26 1/28 2/26 May 1

2nd 4/1-3/31 3/1 4/1 3/26 4/26 5/26 August 1

3rd 7/1-6/30 6/1 7/1 6/26 7/26 8/26 November 1

4th 10/1-9/30 9/1 10/1 n/a n/a n/a February 1

NOTE: Refer to Appendix D for information about completion of Recertification Reminder Notices

3 Note: Add Due Date for tenant submission of documents as 10 days after Reminder Notice Date. 4 Refer to Section XVI. for procedure on subsidy restoration, if resident complies with Annual Review requirements after termination of subsidy. 5 Once rent is raised to Contract Rent, Admission Income Limits are applied and become effective after 90 days. Staff must ensure that the appropriate data entries

in AS400 of Termination of Subsidy cases are completed, as per procedure.


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G. Retroactive Credits and Charges

TDS DOES NOT CALCULATE RETROACTIVE CHARGES OR CREDITS. Staff must calculate charges and credits and enter the amount in the TDS System. Staff must make a corresponding entry in NYCHA form 059.294, Income Review Checklist—Leased Housing, that details the reason for the charge or credit.

1. Retroactive Charges

Assess only for Late Submission or Misrepresentation a. Late Submission

The tenant failed to submit information and verification in time to permit the completion of the Annual Review as indicated in Table A, Section 8 Annual Review Processing Schedule. Staff charges back to the effective date of change for the tenant‟s Annual Review.

b. Misrepresentation of Income

If the tenant misrepresented the amount of income on a previous year‟s Occupant‟s Affidavit of Income, development staff charge back to the effective date of change for the tenant‟s Annual Review in the first year that income was misrepresented. For cases being referred to the Office of the Inspector General for investigation, development staff calculates and process new rents in TDS and manually calculate but not enter retroactive charges in TDS. Refer to GM-3710, Misrepresentation of Income, for additional guidance on processing misrepresentation of income cases.

c. Retroactive Credits

(1) Administrative Delay

Issue back to the effective date of change for the tenant‟s Annual Review when an administrative delay prevents the completion of the Annual Review in time to decrease the rent by its effective date, if the resident has submitted all information needed to complete the Review on time.

(2) Late Tenant Submission – No Extenuating Circumstances

In cases where required Annual Review documents are submitted after the Annual Review effective date and tenant share of rent was raised to the contract rent, a rent decrease is processed with an effective date that is the first day of the month, after submission of all required Annual Review documents.


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(3) Late Tenant Submission – Extenuating Circumstances

In extenuating circumstances cases where required Annual Review documents are submitted after the Annual Review effective date and the tenant share of rent was raised to the contract rent, a rent decrease is processed retroactive to the annual review effective date. Refer to Section XIV, E., and Extenuating Circumstances for Noncompliance, for more information.

H. Post Approval Signatures

1. HUD 50059 Form

All adult members of the household (18 years of age or older) must sign the HUD 50059 form after the Property Manager‟s approval of the Annual Review. A copy of the signed HUD 50059 is submitted to the Section 8 Contract Administrator.

2. Initial Notice for Next Annual Review

At the same time, the completed HUD form 50059 is signed by all adult household members, NYCHA form 040.366B, Section 8 Project Based Annual Recertification Initial Notice, is issued to the tenant advising them of the specified date of next year‟s Annual Review.

3. Mailing of Rent Change Notices

a. Rent Increase

A rent increase requires 30-days notice. Accordingly, mail the TDS-generated Rent Change Notice (RCN) so that the tenant receives it at least 30 days before the effective date of change indicated on the RCN.

b. Rent Decrease

Rent decreases are effective the 1st day of the month following the changes. Thirty day notice is not required for a rent decrease. Mail the TDS-generated RCN so that the tenant receives it before the effective date of change.

XV. Interim Rent Change Guidelines

An Interim Rent Change refers to a change in a tenant's source of income that occurs between Annual Reviews requiring a rent adjustment. An Interim Change is entered in TDS and, in addition to a rent adjustment, may result in a Retroactive charge or credit.

http://chpmqp10/pdf/form/040366B.pdf



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A. Tenant Reporting Requirements

To ensure that tenants pay rents commensurate with their ability to pay, tenants must supply information requested by NYCHA for use in an interim change of family income and composition, in accordance with HUD requirements. All tenants must notify the development Management Office within 30 days, when:

A family member dies or moves out of the apartment

The family proposes to move a new member into the apartment

An adult member of the family who was reported as unemployed on the most recent certification or Annual Review obtains employment, or

The family‟s income cumulatively increases by $200 or more per month.

NOTE: Tenants are not required to report when a family member becomes 18 years of age between Annual Reviews unless the household income increases over $200 a month as a result.

B. Tenant Requests for Interim Rent Changes

Tenants may request an Interim Annual Review due to any changes occurring since the last Annual Review that may affect the TTP or tenant rent and assistance payment for the tenant. Changes that a tenant may report include the following:

Decreases in income: including, but not limited to, loss of employment, reduction in number of hours worked by an employed family member, and loss or reduction of welfare income

Increases in allowances: including, but not limited to, increased medical expenses, and higher child care costs; and other changes affecting the calculation of a family‟s annual or adjusted income including, but not limited to, a family member turning 62 years old, becoming a full-time student, or becoming a person with a disability.

Upon receiving a tenant request for an interim Annual Review, staff must process an Annual Review of family income and composition within 4 weeks, using Third-Party Verification of income, as per current procedure.

C. Mandatory Interim Rent Changes

Staff must process an Interim Rent Change if a tenant reports one or more of the following:

A change in family composition that results in an increase in the household‟s deductions and/or cumulative income of more than $200

An increase in a household‟s cumulative income of more than $200 per month. If a tenant requests an Interim Rent Change for a change in income that does not increase


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the household‟s cumulative income or deductions by $200 or more per month, staff should not process an Interim Change to increase the tenant‟s rent.

Example 1: The tenant reports that a family member has gone to work part-time. Staff verifies the employment income and learns that the household‟s cumulative income will only increase by $150 per month. Staff should not process an Interim Annual Review. Example 2: The tenant reports that they have a new baby and also that a family member has gone to work part-time. Staff verifies the employment income and learns that the household‟s cumulative income will only increase by $100 per month. Staff should process an interim change to include the new baby as a dependent, but should not include the increase in income.

An increase in allowances (e.g., number of dependents, a new disability assistance expense)

A decrease in income, except when:

The decrease was caused by a deliberate action by tenant to avoid paying rent.

The decrease in income has been confirmed to last less than a month.

NOTE: An interim change due to a decrease in income may be delayed if there is confirmation that a tenant‟s income will be fully or partially restored within two months, e.g., pending unemployment insurance claim. The interim change is delayed only until the new income is known, and Retroactive credit is issued to the tenant‟s account on the first of the month following the date on which the decrease in income occurred.

D. Processing Interim Changes

For interim changes, both the change in assistance payment and change in TTP or tenant rent are effective on the same day. 1. Timely Reporting of Income Changes

If the tenant complies with the interim reporting requirements, rent changes must be processed as follows:

a. Rent Increases

If the tenant‟s rent increases because of an interim change, staff must give the tenant 30 days advance notice of the increase. The effective date of the increase will be the first of the month commencing after the end of the 30-day period.


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b. Rent Decreases

If the tenant‟s rent decreases because of an interim change, staff is not required to give the tenant 30 days advance notice of the decrease, the change in rent is effective on the first day of the month after the date of action that caused the interim certification.

2. Late Reporting of Income Changes

If the tenant does not comply with the interim reporting requirements, and staff discovers that the tenant has failed to report changes, staff initiates an interim change, where appropriate, prints 50059, interviews tenant, has tenant sign 50059 and implements rent changes as follows:

a. Rent Increases

Staff must implement any resulting rent increase retroactive to the first day of the month following the required 30-day notice.

b. Rent Decreases

Staff must implement any resulting rent decreases effective the first day of the month following completion of the change.

E. Record Keeping

Housing Assistants must record the following information in NYCHA form 040.598A, Income Review Checklist:

Type of rent change

Reason for the rent change

Date of the rent change

Date and type of verification requested and submitted

XVI. Apartment Transfers and Move-Outs

A. Tenant Selection & Assignment Plan (TSAP) System Overview

The computerized Tenant Selection & Assignment Plan (TSAP) System maintains the unified waiting list of certified public housing applications and transfers to fill NYCHA vacancies, as mandated by the Tenant Selection and Assignment Plan (TSAP).


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When a public housing application or transfer is certified, it is entered into the TSAP System and is integrated with all other certified applications and transfers into a unified waiting list, sorted by apartment size, priority code, and certification date.

B. Occupancy Standards

The Section 8 New Construction and Substantial Rehabilitation Program Occupancy Standards are different than the Public Housing Occupancy Standards. Refer to the Appendix B for more information about these occupancy standards.

C. Requirement to Transfer to Appropriate Size Apartment

When staff determines that a tenant is required to transfer due to under occupancy and s/he fails to move to the appropriate size apartment, the tenant:

Must move within 30 days, after being selected from TSAP for the appropriate size apartment, or

May remain in the apartment and pay the full Contract Rent

D. Move-Out / Move-In Inspection Report

HUD requires that the vacating tenant and Management Staff conduct a joint apartment inspection upon move-out and move-in. The results of the inspection are recorded on the Maximo Move-In/Move-Out Inspection form, or a handheld device, if available. Upon completion of the inspection the designated staff member enters the results, e.g., deficiencies and damages to the unit, into the Maximo System. The staff member obtains the vacating tenant‟s signature on the form, attaches it to tenant‟s lease, and files it in the tenant‟s folder.

NOTE: After completion of the move-out inspection, a separate Move-Out Work Order must be created by development staff for Maintenance move-out processing.

E. Move- Out Balance Processing

1. The former tenant is responsible for move-out balances up to the date the tenant turns

in apartment keys to the development Management Office, or when NYCHA obtains possession of the apartment. Vacancy loss is not charged to a tenants account in the Project Based Section 8 Program. Refer to Section XVI F. of this procedure for information about processing vacancy loss claims with HUD.

2. The Lockbox Unit staff forwards NYCHA eForm 132.039, Vacating Tenants Final

Refund/Balance Due, to the Property Manager or designee who sends to the tenant NYCHA form 132.039 and NYCHA form 040.769, Follow-up Letter to Former Tenant – Section 8 Project Based, by certified mail (no return receipt requested).


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NYCHA form 040.769 informs the tenant that he/she has ten (10) days to contest any move-out charges. After ten (10) days if there is no response, or after any adjustments are made to the move-out charges, the Property Manager or designee must file a claim for vacancy loss, if applicable, as indicated in Section XVI. F. of this Chapter.

F. Claims for Vacancy Loss after Move-Out

A special claim for vacancy loss after a move-out is compensation to NYCHA for the loss of rental income of a unit that was previously occupied by a Section 8 assisted tenant, but has been vacant due to circumstances beyond NYCHA‟s control. Rent charges cease upon the day that the tenant turns in keys to the unit. NYCHA is entitled to a vacancy loss payment only for the actual number of days during the month the tenant did not occupy the unit after move-out. If the move-out date is unknown because the tenant failed to notify staff, the move-out date is the day the vacancy is discovered. In signing HUD form-52671-C, NYCHA verifies that the vacancy was not caused by staff violation of lease, contract, or any applicable law and that staff has complied with all HUD requirements regarding termination of tenancy.

1. Vacancy Loss Eligibility

NYCHA is eligible to submit a special claim for vacancy loss after rent-up if:

The former tenant received rental assistance at move-out; or if assistance was terminated based upon breach of rules and regulations, such as failure to:

Comply with HUD and NYCHA requirements

Sign consent forms and/or verification forms

Sign the HUD form 50059

Establish citizenship or eligible immigration status

Transfer to the appropriate apartment size within 30 days notification by NYCHA staff that the required size is available

The units are decent, safe, and in sanitary conditions and are available for occupancy during the vacancy period in which the payments are claimed.

The staff has taken and continues to take all feasible actions to fill the vacancy, including contacting any applicants on the waiting list and/or advertising the availability of the unit in accordance with Fair Housing and Equal Opportunity requirements.

Staff has not rejected applicants, except for good cause in accordance with NYCHA‟s Tenant Selection Assignment and Plan.


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Development staff completes HUD form 52671C, and forwards to NYCHA‟s Section 8 Coordinator who forwards the form to the Project Based Section 8 Service Provider. The Project Based Section 8 Service Provider submits the form to the HUD Section 8 Contract Administrator.

2. Vacancy Loss Ineligibility

Staff cannot submit a special claim for the vacancy loss if:

Termination of rental assistance is due to program ineligibility as a result of an increase in tenant income

A Resident Police Office or security personnel no longer qualifies for occupancy

Example: In a Section 8 Project-based development, the tenant in Unit 26 who is receiving Section 8 assistance moves-out on July 13. Staff gives the Section 8 assistance to another tenant in Unit 30 effective July 14. NYCHA is not entitled to receive a special claim for the vacancy loss for Unit 26. Note: Vacancy loss claims cannot be paid for the days a unit is being prepared for re-occupancy. In addition, NYCHA can only request assistance for a unit that is vacated and re-occupied on the same day after the former tenant is charged through the last full day of occupancy. NYCHA staff requests assistance for the new tenant beginning with the move-in date. Staff must never request assistance for both former and new tenants on the same day for the same unit.

In cases where a tenant moves into a unit while still receiving subsidy at a previous residence, staff may only claim assistance beginning with the day following the subsidy termination date at the tenant‟s previous residence.

Staff may utilize the Existing Tenant Search option in the Enterprise Income Verification (EIV) System, to determine if a new tenant is receiving assistance somewhere else.

3. Vacancy Loss Claim Document Requirements

In order to process vacancy loss claims, the following information is required:

a. Claim Forms

HUD form-52670A Part 2, Schedule of Special Claims

HUD form-52671-C, Special Claims for Regular Vacancies


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b. Supporting Documentation

Property Managers must submit the following vacancy loss supporting documents to the Section 8 Coordinator along with the claim forms:

A copy of the signed HUD form-50059, completed at move-out indicating amount of required security deposit for the former tenant

Documentation that the appropriate security deposit was collected, e.g., original lease, copies of tenant ledger card, security deposit receipt

Copy of security disposition notice provided to the tenant indicating move-out date, amount of security deposit collected and refunded(less any charges for rent arrears, tenant damages or other charges)

Documentation verifying occupancy ready-date for the unit

Copy of waiting list from which tenant was selected, e.g., transfer waiting list, one-bedroom waiting list

Documentation of renting efforts, e.g., selection from TSAP, ATAD Outreach

A copy of NYCHA form 132.039, Vacating Tenants Final Refund/Balance Due, and proof of certified mailing of these forms to the tenant

c. Checklist of Documentation

A checklist of required documentation must be completed and submitted with the claim forms. Refer to Instruction for HUD form 50059 in the Other Publications section of the NYCHA forms and Reference Library for a sample Checklist-Special Claims for Regular Vacancies.

d. Amount of Claim

A claim for a unit under a Section 8 Housing Assistance Contract may not exceed 80% of the contract rent for up to 60 calendar days for each vacancy.

4. Vacancy Loss Claim Submission Timelines

a. Submission Deadline

The completed claim forms and documentation must be received by HUD within 180 calendar days from the date the unit is available for re-occupancy.

b. Start Date of Claim Period

The claim period begins the day the unit is available for occupancy by another tenant. Vacancy loss claims may not be paid for the days a unit is being prepared for occupancy.


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Example: A unit is vacated May 5, prepared for re-occupancy May 5 through May 8, and available for occupancy on May 9. The claim period would start on May 9.

c. End Date of Claim Period

The claim period ends on the day preceding the date on which the unit is re-rented or 60 calendar days from the date on which the unit is available for occupancy (start date), whichever is earlier.

d. Length of Claim Period

The vacancy loss claim period may not exceed 60 calendar days

G. Related Information on Transfers and Move-outs

For further related information, refer to the following procedures:


Applications and Tenancy Administration Department Manual

GM 3471, Section 8 Projects: Claims to HUD for Vacancy Loss and Vacated Arrears

Tenant Selection & Assignment Plan (TSAP) System User Guide

XVII. Gross Rent Changes A gross rent change may occur due to a contract rent change only, a change in the utility allowance only, or due to a change in both the rent and utility allowance. Staff must provide the tenant a new HUD 50059A form reflecting all changes in tenant rents, utility allowances, and assistance payments. A copy of the HUD 50059A form, reflecting any change in tenant rent, utility reimbursement, and total tenant payment must be placed in the tenant file. Tenants and the Property Manager or designee must only sign the HUD 50059A form if the gross rent change includes a change in the TTP, tenant rent, or utility reimbursement. A. Submission Process

On a yearly basis, NYCHA submits requests for an increase to the contract rents and utility allowances for units subsidized by Section 8 Project-Based programs.


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B. Approval Process

1. Section 8 Coordinator

The NYCHA Section 8 Coordinator must submit requests for contract rent increases to the Section 8 Contract Administrator, complying with the HUD submission requirements:

The Coordinator prepares a package according to guidelines established by HUD, and

Submits the contract rent increase request to the Contract Administrator who in turn submits a notice of approval of the contract rent increase to NYCHA, indicating the effective date of the contract rent increase and utility allowance increase, if applicable for each size unit in each site.

2. Information Technology Department

Upon notification of the contract rent increase and the utility allowance increase:

Submits the executed agreement to NYCHA‟s Information Technology Department and the NYCHA Service Provider.

Makes the necessary correction in the Tenant Data System to reflect the new contract rents and utility allowances.

Notifies the Section 8 Coordinator when the new contract rents have been update in the Tenant Data System. (If there is only an increase in the contract rent and the tenant share of rent is not affected then no interim change is necessary. If there is an increase to the utility allowance, then an interim change will have to be done to give resident a retroactive credit, if applicable).

3. NYCHA Service Provider

Transmits all TRACS data to NYCHA.

NOTE: Gross rent changes do not require a tenant recertification and do not affect annual recertification anniversary dates or schedules.

XVIII. Termination of Tenancy and Termination of Subsidy Termination of tenancy and termination of subsidy are two separate administrative actions. Termination of Tenancy actions are processed prior to termination of subsidy, in accordance with termination of tenancy procedures delineated in NYCHA Management Manual, Chapter IV, Termination of Tenancy.


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A. Termination of Tenancy Proceedings

1. Development staff determines whether there are grounds for initiating Termination of Tenancy proceedings.

Grounds for Termination of Tenancy in the Project-based Section 8 Program are stated in NYCHA form 040.366, NYCHA Residential Lease Agreement and Section 8 Project based Housing Assistance -NYCHA Owned and Operated Building.

2. Development staff also initiates Termination of Tenancy proceedings based upon

these grounds, as outlined in NYCHA form 040.302S, Termination of Tenancy Procedures (State & City), as one of the following types of cases:

Non-Desirability

Breach of Rules and Regulations (except Excess Income)

Chronic Breach of Rules and Regulations

Chronic rent delinquency

Assignment or transfer of possession

Misrepresentation

NOTE: Staff must comply with Violence Against Women Act (VAWA), which prohibits termination of tenancy of the perpetrators of criminal acts of physical violence by one household member against another, regardless of gender. For further information staff may refer to GM 3741, Compliance with Violence Against Women Act (VAWA).

NOTE: For Project-based Section 8 tenants, Non-Verifiable Income and Excess Income are not grounds for a Termination of Tenancy but are grounds for termination of subsidy action. Refer to Section XVI.B. for guidance on Termination of Subsidy proceedings.

3. The NYCHA Board issues a Determination of Status for Continued Occupancy at the conclusion of Tenancy Termination proceedings. If the Determination of Status terminates the tenancy, development staff:

Initiates a Holdover proceeding, following the same procedure that applies to the Public Housing Program.

Forwards a dummy tenant folder to Applications and Tenancy Administration Department (ATAD) Tenancy Administration Unit.

The folder should contain information and documents related to the grounds for Termination action and legal documents from the Holdover/Nonpayment proceedings.

http://chpmqp10/pdf/form/040366C.pdf

http://chpmqp10/pdf/form/040366C.pdf


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When the tenant is evicted or NYCHA obtains physical possession of the apartment during the legal process, development staff notifies the NYCHA Service Provider by forwarding the move-out date and reason for termination. The folder should contain information and documents related to the grounds for Termination action and legal documents from the Holdover/Non-Payment proceedings.

NOTE: If the payment of the Tenant Share of Rent is delinquent, development staff initiates Non-Payment legal action, following the same procedures that apply to the Public Housing Program, as indicated in NYCHA Management Manual, Chapter IV-Termination of Tenancy.

B. Termination of Subsidy Proceedings

Termination of subsidy is processed for the following:

Failure to Submit Annual Review documents

Excess Income

Refusal to transfer to the appropriate-sized unit apartment. Tenant may alternatively transfer to the correct size apartment to continue receiving the Project Based Section 8 subsidy.

Deceased single member households. NYCHA is required to discontinue the HAP no later than the first of the following month after the month in which the death occurred.

1. Termination of Subsidy Process

The termination of subsidy process includes the mailing of termination letters within defined timeframes, using specified methods of delivery, and notifying residents of the right to request informal conferences and impartial hearings prior to termination.

2. Restoration of Subsidy

a. NYCHA may reinstate a tenant‟s terminated subsidy, if the original termination of

subsidy was due to:

A tenant‟s increased ability to pay (Excess Income)

The tenant‟s eligibility for assistance (based on the income and rent calculation): the tenant would pay less than market rent

b. The subsidy should be restored if:

The tenant submits the required information


39 12/24/12

NYCHA determines that the tenant qualifies for assistance using NYCHA„s Admission and Occupancy standards

NOTE: Staff may not evict the tenant for failure to pay market rent, after the tenant reports for the interview and the staff is processing the certification. The tenant‟s recertification date changes to the first day of the month the property begins receiving assistance again for the tenant. The tenant's recertification is processed as an initial certification.

C. Related Information on Termination of Tenancy

For related information on Termination of Tenancy, staff may refer to the following procedures:


NYCHA Management Manual, Chapter IV, Termination of Tenancy

GM 3609, Termination of Tenancy: Submission of Cases-Revised

Applications and Tenancy Administration Department Manual

XIX. Tenant Folder Organization

Each tenant folder must be organized, as indicated, and contain the following documents: A. Left Side of Folder

Documents to be filed include, but are not limited to:

Interview Record, NYCHA form 040.006

Tenant Data Summary

Residential Lease Agreement, with applicable attachments

Photocopies of Birth Certificates or Naturalization Certificates

Photocopies of Social Security Cards or other official documents verifying Social Security Numbers for all members of the household6, including HUD Alternate Identification Numbers (AID)

Citizenship Status forms

6 All individuals applying for or participating in HUD‟s rental assistance programs must have a valid social security number. All social security numbers for an applicant‟s household must be verified using appropriate documentation before the household may be admitted into the development. For current tenants, all social security numbers must be provided and verified at the next interim or regularly scheduled recertification.


40 12/24/12

Photocopies of Non-citizen Alien Registration Cards and other immigration documents

Move-in and Collect Notice

Application

Section 8 Project Based Resident Acknowledgment , NYCHA form 040.739

Move-In/Move-out Unit Inspection Report, NYCHA form 040.391

Race and Ethnic Data Reporting Form, NYCHA form 040.742, for each household member

B. Right Side of Folder

Documents to be filed include, but are not limited to:

All Income Review documents, in chronological order, with file separators or tabs that indicate the appropriate Annual Review Year, as follows:

Checklist as a cover page (legal size paper) for each Annual Review or Interim Rent Change section

Lease Addendum and/or Rent Change Notices (RCNs)

TDS Income Review Transcript

Occupant‟s Affidavit of Income

HUD 9886 Release, or alternate

Screen “print-outs” from UIV databases

Verification of Employment forms (Third Party and tenant submitted)

Other Income Verification forms

Deduction Verification forms

IRS Request for Transcript of Tax Return, when applicable

Income Discrepancy letters, when applicable

All other documents related to Income Reviews

House Rules

HUD 9887/A Fact Sheet

HUD 9887- Notice and Consent to the Release of Information

HUD 9887A, Applicant‟s/Tenant Consent to the Release of Information

Resident Rights and Responsibilities

HUD Fact Sheet “ How Your Rent is Determined”

NOTE: For details on the organization of the tenant folder, refer to GM-3718, Tenant Folder.

http://chpmqp10/pdf/form/040739.pdf


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XX. Related Forms

A. NYCHA Forms

Agreement for Installment Payments of Security Deposit, NYCHA form 040.305

Applicant‟s / Tenants Consent to Release Information 9887 / 9887-A, NYCHA form 040.747

Application for Project Apartment, NYCHA form 070.002

Disposition of Assets Notice, NYCHA form 040.694

Follow Up Letter to Former Tenant – Section 8 Project Based, NYCHA form 040.769

Income Summary of Earnings Statements (MD34), NYCHA form 040.013

Instruction for Completing the Occupant‟s Affidavit of Income, NYCHA form 040.297A (English/Spanish)

Monthly Voucher Detail Report, NYCHA 040.774

Monthly Voucher Request (EPS, Inc. HAP Voucher Request), NYCHA 040.775

Move-in/Move-out Unit Inspection Report, NYCHA form 040.391

Notice of Apartment to be Vacated, NYCHA eForm 040.033

Occupant's Affidavit of Income, NYCHA form 040.297 (English/Spanish)

Race and Ethnic Data Reporting Form, NYCHA form 040.742

Residential Lease Agreement Section 8 Project Based Housing Assistance-NYCHA Owned and Operated Building, NYCHA form 040.366

Section 8 Project Based Annual Recertification-First Reminder Notice, NYCHA form 040.400

Section 8 Project Based Annual Recertification-Initial Notice, NYCHA form 040.366B

Section 8 Project Based Annual Recertification-Second Reminder Notice, NYCHA form 040.400A

Section 8 Project Based Annual Recertification-Third Reminder Notice, NYCHA form 040.400B

Third Party Verification-Consent to Release Information, NYCHA form 040.608

Vacating Tenant Final Refund/Balance Due, NYCHA form 132.039

B. HUD Forms

HUD-50059

HUD 50059A

Housing Owner‟s Certification & Application for Housing Assistance Payments, HUD-52670

http://chmsisp1:83/adv_srch/tree.asp?frm_id=441&searchstring=040.400

http://chmsisp1:83/adv_srch/tree.asp?frm_id=441&searchstring=040.400


http://chmsisp1:83/adv_srch/tree.asp?frm_id=442&searchstring=040.400a

http://chmsisp1:83/adv_srch/tree.asp?frm_id=442&searchstring=040.400a

http://chmsisp1:83/adv_srch/tree.asp?frm_id=443&searchstring=040.400b

http://chmsisp1:83/adv_srch/tree.asp?frm_id=443&searchstring=040.400b


42 12/24/12

Schedule of Tenant Assistance Payments Due, HUD-52670-A part 1

Schedule of Section 8 Special Claims, HUD-52670-A part 2

Special Claims for Regular Vacancies, HUD-52671-A through D

Affirmative Fair Housing Marketing Plan, HUD-935.2

Fact Sheet for HUD Assisted Residents: Project Section 8

Resident Rights and Responsibilities


43 12/24/12

Appendix A Special Claims for Vacancy Loss:

Sample Checklist

1. Development Name_______________________

2. Contract Number _______________________

3. Unit Number _______________________

Attach the following required items to the claim submission: A. For all claim submissions:

1. ___________Completed HUD form 52670-A, Part 2

2. ___________Completed HUD form 52671-A

B. Vacancy Loss Documentation: __________A copy of the signed HUD form-50059, completed at move-out indicating amount of required security deposit for the former tenant __________Documentation that the appropriate security deposit was collected, e.g., original lease, copies of tenant ledger card, security deposit receipt __________Copy of security disposition notice provided to the tenant indicating move-out date, amount of security deposit collected and refunded(less any charges for rent arrears, tenant damages or other charges) __________Documentation verifying occupancy ready-date for the unit __________Copy of waiting list from which tenant was selected, e.g., transfer waiting list, one-bedroom waiting list __________Documentation of marketing efforts, e.g., copies of advertisements or invoices for advertisement expenses that verify the date marketing occurred in accordance with the Affirmative Fair Housing Marketing Plan (AFHMP) __________In the unit is rented within the claim period, the move-in or unit transfer for the new tenant must be viewable in TRACS.

If the unit is not re-occupied by a subsidized tenant, the move-in will not be viewable in TRACS; therefore, a hard copy of the HUD form-50059 for the market-rate rent tenant must be submitted.


44 12/24/12

APPENDIX B

SECTION 8 HOUSING ASSISTANCE OCCUPANCY STANDARDS

FAMILY COMPOSITION CERTIFIED BEDROOM SIZE

Single Occupant 0

Husband and Wife 1

Father and Son 1

Mother and Daughter 1

Mother and Son 2

Father and Daughter 2

Any Three Person Combination 2

Mother, Daughter, and 2 Sons 2

Father, Son, and 2 Daughters 2

Father and 3 Sons 2

Mother and 3 Daughters 2

Father, Mother, and 2 Daughters 2

Father, Mother, and 2 Sons 2

Father and 3 Daughters (4X Family) 3

Mother and 3 Sons (4X Family) 3

Mother, 2 daughters, son (4X Family) 3

Father, 2 sons, daughter (4X Family) 3

Father, Mother, Son, Daughter (4X Family)

3

Any 5 Person Combination 3












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APPENDIX C

SECTION 8 HOUSING ASSISTANCE LOW INCOME LIMITS (80% OF AREA MEDIAN INCOME) EFFECTIVE 12/11/12

Based on Gross Income 1 Person $48,100

2 Persons $55,000

3 Persons $61,850

4 Persons $68,700

5 Persons $74,200

6 Persons $79,700

7 Persons $85,200

8 Persons $90,700

9 Persons $96, 200

10 Persons $101,700

11 Persons $107,200

12 Persons $112,700


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APPENDIX D

Guide To Recertification Reminder Notice Completion

Letter Code

DESCRIPTION OF INSERT

A

Development Name

B

Tenant Name

C

Tenant Address

D

Insert appointment date. One of the three months of the quarter in which the annual review is done. 1st quarter January, February, March 2nd quarter April, May, June 3rd quarter July, August, September

E

Insert the month prior to the quarter in which the Annual Review is done. 1st quarter = December 2nd quarter = March 3rd quarter = June

F

Insert the 10th day of the 11th month after the last annual recertification. 1st quarter = March 10th 2nd quarter = June 10th 3rd quarter = September 10th

G

Insert Development Phone Number

H

Insert Annual Review Effective Date: 1st quarter = 5/1 2nd quarter = 8/1 3rd quarter = 11/1

I

Insert date 1st reminder notice sent

J

Insert Management Office Address

K

Insert Name of Housing Assistant

L

Insert date 2nd reminder notice sent

M

Insert contract rent for apartment size


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Section 8 Project Based Annual Recertification

Initial Notice _____A___ __ Houses

Date: To be signed at the time 50059 is signed Tenant‟s Name: B Address: C Dear B : As stated in paragraph 15 of your lease (paragraph 16 for Saratoga Square lease), the U.S. Department of Housing and Urban Development (HUD) requires that the New York City Housing Authority (NYCHA) review your income and family composition every year to determine rent and assistance levels.

To complete our review of your income and family composition, you must meet with your Housing Assistant and supply the required information each year. The Housing Assistant will conduct your recertification interviews during D _.

NYCHA will send you an Occupant‟s Affidavit of Income recertification package during (month/year) E and will schedule a recertification interview. You must provide all the required information and documentation to the Management Office by the date indicated in the recertification package. You will be required to provide proof of household income, medical expenses and student status. Please maintain pay stubs, award letters, school documents and proof of medical expenses to document your income and expenses. Cooperation with the recertification requirement is a condition of continued program participation. You must report the required information and provide the required signatures to enable NYCHA to complete the recertification process by F . I have read and understand this letter describing the requirement for my participation in an annual recertification interview.

Signature of Head of Household Date

Print Name of Head of Household Date

Signature of Management Staff Date

Print Name of Management Staff Date


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Section 8 Project Based Annual Recertification First Reminder Notice A Houses

Date: 120 days prior to recertification effective date

Tenant Name: B Address: C Dear B __________: It will soon be time for your annual recertification. You received a notice of your upcoming annual recertification at an interview just less than a year ago. Paragraph 15 of your lease (paragraph 16 for Saratoga Square lease) states that the Department of Housing and Urban Development (HUD) requires that the New York City Housing Authority (NYCHA) review your income and family composition every year to determine if you are still eligible to receive assistance paying your rent. To complete our review of your income and family composition, you must meet with your Housing Assistant at the Management Office and supply the required information. The Housing Assistant will be available for recertification interviews on the following day and time: D . Please call the Management Office at G to schedule an appointment for your interview. Please ensure that you have completed the Occupants Affidavit of Income recently sent to you and the additional information attached. Cooperation with the recertification requirement is a condition of continued program participation. You must report the required information and provide the required signatures to enable NYCHA to process your recertification. If you respond to this notice after F, paragraph 15 of your lease (paragraph 16 for Saratoga Square lease) gives NYCHA the right to implement any rent increase resulting from the recertification without providing you a 30- day written notice. If you do not respond before F paragraph 15 of your lease (paragraph 16 for Saratoga Square lease) gives NYCHA the right to terminate your assistance and charge you the contract rent effective H . To help us process your recertification, your must bring the following documents and information with you to your interview:

1. □ Occupant’s Affidavit: Completed Occupant‟s Affidavit of Income.


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2. □ 9887/9887A: Consent to Release Information signed by all household members 18

years of age and older.

3. □ Asset Disposition form: Completed for all household members.

4. □ Race and Ethnic Data form: Enclosed Race and Ethnic Data form completed for

_____________________________________________________________________

5. □Consent: Third Party Verification- Consent to Release Information signed by

_______________________________________& ___________________________

6. □Birth: Copy of Birth Certificate for _____________________________________

7. □Citizenship: Enclosed Declaration of Citizenship Status for __________________

8. □School: Verification of school attendance for _____________________________

9. □Disability: Enclosed Disability Status and Notice of Reasonable Accommodation.

10. □Vacating Family Member: Proof that the following person(s) moved out the household

___________________________________________________________

11. □Death: Copy of Death Certificate for ____________________________________

12. □Window Guards: Complete enclosed Annual Window Guard Survey form.

13. □Employment: Enclosed Employment form (MD34) for _____________________

14. □IRS Transcript: Enclosed form 4506T- Request for Transcript for Tax Return signed by

___________________________& _______________________________

15. □Unemployment: Unemployment Insurance book and cover letter from the UIB Office.

16. □SS History: Social Security Earning History for ____________________________

17. □Non-Employment: Enclosed affirmation of Non-employment for

_____________________________________________________________________

18. □SS: Recent Social Security Letter indicating the amount of Social Security received for

__________________________________________________________________

19. □SSI: Recent Social Security Letter indicating the amount of Supplemental Security

Insurance (SSI) received for _____________________________________________

20. □Welfare: Latest Public Assistance budget printout listing all family members on the

budget and amount received.

21. □Military Income: Summary of Military Earnings for ________________________

22. □VA: Recent letter from the Veterans Administration indicating amount received for

_____________________________________________________________________

23. □Pension/Retirement: A copy of recent pension check or recent letter from union stating

benefit amount received for ________________________________________


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24. □Disability Income/Workmen’s Compensation: Proof of income/benefit for

_____________________________________________________________________

25. □School Aid: Financial aid award letter indicating the amount of monies received and the

cost of tuition, books and fees for ___________________________________

26. □Contributions: (Alimony/Child Support/Family Donations) complete enclosed

Contribution Form.

27. □Interest/Asset: Proof of interest from bank accounts and other assets.

28. □Proof of Deductions: Proof of following expenses claimed as a

deduction:____________________________________________________________

29. □Other: ____________________________________________________________

Sincerely,

Housing Assistant


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Section 8 Project Based Annual Recertification Second Reminder Notice A Houses

Date: 90 days prior to recertification effective date.

Tenant Name: B Address: C Dear B ___________: On H you received a notice requesting that you visit the Management Office for a recertification interview. This is a reminder that this requirement has not yet been met. Cooperation in the recertification process is a condition for receiving assistance. Paragraph 15 of your lease (paragraph 16 for Saratoga Square lease) states that the Department of Housing and Urban Development (HUD) requires that the New York City Housing Authority (NYCHA) review your income and family composition every year to determine rent and assistance levels. To complete our review of your income and family composition, you must meet with your Housing Assistant at the Management Office and supply the required information. An appointment has been scheduled for you on D_________________ at J . If you wish to re-schedule, please contact K at G . Cooperation with the recertification requirement is a condition of continued program participation. You must report the required information and provide the required signatures to enable NYCHA to process your recertification. If you respond to this notice after F paragraph 15 of your lease (paragraph 16 for Saratoga Square lease) gives NYCHA the right to implement any rent increase resulting from the recertification without providing you a 30 day written notice. If you do not respond before H paragraph 15 f your lease (paragraph 16 for Saratoga Square lease) gives NYCHA the right to terminate your assistance and charge you the contract rent effective H . To help us process your recertification, you must bring the following information and documents to your interview:


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1. □Occupant’s Affidavit: Completed Occupant‟s Affidavit of Income.

2. □ 9887/9887A: Consent to Release Information signed by all household members 18

years of age and older.

3. □ Asset Disposition form: Completed for all household members.

4. □ Race and Ethnic Data form: Enclosed Race and Ethnic Data form completed for

_____________________________________________________________________

5. □Consent: Third Party Verification- Consent to Release Information signed by

____________________________________& ______________________________

6. □Birth: Copy of Birth Certificate for _____________________________________

7. □Citizenship: Enclosed Declaration of Citizenship Status for __________________

8. □School: Verification of school attendance for _____________________________

9. □Disability: Enclosed Disability Status and Notice of Reasonable Accommodation.

10. □Vacating Family Member: Proof that the following person(s) moved out the household

____________________________________________________________

11. □Death: Copy of Death Certificate for ____________________________________

12. □Window Guards: Complete enclosed Annual Window Guard Survey form.

13. □Employment: Enclosed Employment form (MD34) for _____________________

14. □IRS Transcript: Enclosed form 4506T- Request for Transcript for Tax Return signed by

__________________________& ________________________________

15. □Unemployment: Unemployment Insurance book and cover letter from the UIB Office.

16. □SS History: Social Security Earning History for ____________________________

17. □Non-Employment: Enclosed affirmation of Non-employment for

_____________________________________________________________________

18. □SS: Recent Social Security Letter indicating the amount of Social Security received for

__________________________________________________________________

19.□SSI: Recent Social Security Letter indicating the amount of Supplemental Security


20. □Welfare: Latest Public Assistance budget printout listing all family members on the


21. □Military Income: Summary of Military Earnings for ________________________

22. □VA: Recent letter from the Veterans Administration indicating amount received for

_____________________________________________________________________


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23.□Pension/Retirement: A copy of recent pension check or recent letter from union stating


24.□Disability Income/Workmen’s Compensation: Proof of income/benefit for

____________________________________________________________________

25.□School Aid: Financial aid award letter indicating the amount of monies received and the


26.□Contributions :( Alimony/Child Support/Family Donations) complete enclosed

Contribution Form.

27.□Interest/Asset: Proof of interest from bank accounts and other assets.

28. □Proof of Deductions: Proof of following expenses claimed as a

deduction:____________________________________________________________

29.□Other: _____________________________________________________________

Failure to complete the affidavit and to submit documents on time will result in a rent increase. If you are unable to keep this appointment contact the management office at __________G______ .

Sincerely, Housing Assistant


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Section 8 Project Based Annual Recertification

Third Reminder Notice/Notice of Termination A Houses

Date: 60 days prior to recertification effective date.

Tenant Name: B Address: C Dear B ________: On I _______and L we sent you notices requesting that you attend a recertification interview. You still have not kept the scheduled appointments. Paragraph 15 of your lease (paragraph 16 for Saratoga Square lease) states that the Department of Housing and Urban Development (HUD) requires that the New York City Housing Authority review your income and family composition every year to determine rent and assistance levels. To complete this review of your income and family composition, you must meet with your Housing Assistant at the Management Office and provide the required information and signatures to enable NYCHA to process your recertification. Your cooperation with the recertification requirement is a condition of continued program participation. Your interview has been re-scheduled for D . This is your final notice. If you meet with your Housing Assistant and provide all of the required information and signatures, your assistance will not be terminated unless your income shows you are no longer eligible for assistance. If you report to the Management Office after _________F________, we will process your recertification but will not provide you 30 days notice of any resulting rent increase. To help us process your recertification, you must bring the following information and documents to your interview:

1.□Occupant’s Affidavit: Completed Occupant‟s Affidavit of Income.

2.□ 9887/9887A: Consent to Release Information signed by all household members 18 years

of age and older.

3.□ Asset Disposition form: Completed for all household members.


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4.□ Race and Ethnic Data form: Enclosed Race and Ethnic Data form completed for

_____________________________________________________________________

5.□Consent: Third Party Verification- Consent to Release Information signed by

_____________________________________& _____________________________

6.□Birth: Copy of Birth Certificate for _____________________________________

7.□Citizenship: Enclosed Declaration of Citizenship Status for __________________

8.□School: Verification of school attendance for _____________________________

9.□Disability: Enclosed Disability Status and Notice of Reasonable Accommodation.

10.□Vacating Family Member: Proof that the following person(s) moved out the household

___________________________________________________________

11.□Death: Copy of Death Certificate for ____________________________________

12.□Window Guards: Complete enclosed Annual Window Guard Survey form.

13.□Employment: Enclosed Employment form (MD34) for ______________________

14.□IRS Transcript: Enclosed form 4506T- Request for Transcript for Tax Return signed by

__________________________& ________________________________

15.□Unemployment: Unemployment Insurance book and cover letter from the UIB Office.

16.□SS History: Social Security Earning History for ___________________________

17.□Non-Employment: Enclosed affirmation of Non-employment for

_____________________________________________________________________

18.□SS: Recent Social Security Letter indicating the amount of Social Security received for

__________________________________________________________________

19.□SSI: Recent Social Security Letter indicating the amount of Supplemental Security


20.□Welfare: Latest Public Assistance budget printout listing all family members on the


21.□Military Income: Summary of Military Earnings for ________________________

22.□VA: Recent letter from the Veterans Administration indicating amount received for

___________________________________________________________________

23.□Pension/Retirement: A copy of recent pension check or recent letter from union stating


24.□Disability Income/Workmen’s Compensation: Proof of income/benefit for

_____________________________________________________________________


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25.□School Aid: Financial aid award letter indicating the amount of monies received and the


26.□Contributions :( Alimony/Child Support/Family Donations) complete enclosed

Contribution Form.

27.□Interest/Asset: Proof of interest from bank accounts and other assets.

28.□Proof of Deductions: Proof of following expenses claimed as a

deduction:____________________________________________________________

29.□Other: _____________________________________________________________

If you do not respond before H , paragraph 15 of your lease (paragraph 16 for Saratoga Square lease) gives NYCHA the right to terminate your assistance and charge you the contract rent of $ M effective H This increase in rent will be made without providing you additional notice. If you fail to pay the increased rent, NYCHA will begin a non-payment action in Housing Court and seek to terminate your tenancy. Please report to the Management Office as scheduled to discuss your recertification and any possible change in rent. Thank you for your cooperation. Sincerely, Housing Assistant