§ 156 — Selection of tenants

New York § 156

• Jurisdiction: New York
• Law PBG: Public Housing
• Art. 8: Provisions Relating to Approval, Construction, Management and Operation of Projects

Text

§ 156. Selection of tenants. Subject to the terms of any loan or\nsubsidy contract with a government, an authority shall have the power to\nselect tenants for its projects. It shall observe the following\nstandards with respect thereto:\n 1. The dwellings in the project shall be available solely a. for\npersons or families of low income whose probable aggregate annual income\nduring the period of occupancy does not exceed six times the rental\n(including the value or cost to them of heat, light, water and cooking\nfuel) of the dwellings to be furnished such persons or families, except\nthat in the case of persons or families with four or more dependents,\nsuch ratio shall not exceed seven to one; in calculating annual income,\nsocial security payments and income received from pension funds by any\nperson sixty-two years of age or more shall be excluded up to a total\nmaximum amount of seventy-five dollars per month;\n b. also for persons or surviving spouses of persons who\n (1) have served in the armed forces of the United States for a period\nof at least six months (or any shorter period which terminated due to\ndeath or injury incurred in such service), provided some portion of the\nperiod of service was between the first of November, nineteen hundred\nfifty-five to the seventh day of May, nineteen hundred seventy-five, and\n (2) (i) have been thereafter discharged or released therefrom under\nconditions other than dishonorable, or (ii) have a qualifying condition,\nas defined in section one of the veterans' services law, and have\nreceived a discharge other than bad conduct or dishonorable from such\nservice, or (iii) are discharged LGBT veterans, as defined in section\none of the veterans' services law, and have received a discharge other\nthan bad conduct or dishonorable from such service, or (iv) died in such\nservice, not more than five years prior to the time of application for\nadmission to such project, and\n (3) whose probable aggregate annual income during the period of\noccupancy does not exceed seven times the rental (including the value or\ncost to them of heat, light, water and cooking fuel) of the dwellings to\nbe furnished such persons or families, except that in the case of\npersons or families with four or more dependents, such ratio shall not\nexceed eight to one.\n The "probable aggregate annual income" means the annual income of the\nchief wage earner of the family plus all other income of other members\nof the family over the age of twenty-one years, plus a proportion of the\nincome of members under the age of twenty-one years to be determined by\nthe authority solely for the purpose of establishing rent to be paid\nexcept that the authority may exclude a proportion of the income of\nother members of the family over the age of twenty-one years for the\npurpose of determining eligibility for admission or continued occupancy,\nor for establishing rental of such family, or for all such purposes,\nsubject to approval by the commissioner with respect to state projects.\n 2. The authority may rent or lease to a person or family a dwelling\nunit, or to a duly authorized agency, as defined in section three\nhundred seventy-one of the social services law, for the operation of\nagency boarding homes or group homes or to a non-profit corporation\norganized under the membership corporations law or to any public agency\nas defined in section four hundred sixty-one of the general municipal\nlaw which provides residences and social services to dependent aged\npersons or to a social services official for any purpose authorized\nunder the social services law and for which the social services official\nhas authority to rent or lease dwelling units, one or more dwelling\nunits, consisting of a room or number of rooms, but no greater number\nthan it deems necessary to provide safe and sanitary accommodations to\nthe proposed occupants thereof, without overcrowding.\n 3. In the event that the income of the family residing in a project\nincreases and the ratio to the rental of the dwelling becomes greater\nthan prescribed by law at the time of their admission or in subdivision\none of this section, whichever is greater, and the income is not more\nthan fifty per centum above the family income so prescribed for\nadmission to the dwelling and such increased income continues for a\nperiod of three months or more, the authority may permit the tenant to\ncontinue to occupy his dwelling provided the authority is convinced that\nthe tenant cannot secure safe and sanitary dwelling from private\nenterprise or by reason of other facts the removal of the family from\nthe project would occasion other undue hardship to the family. However,\nthe rent of such family shall be increased in proportion to its ability\nto pay more, the amount of increase to be ruled upon and prescribed by\nthe authority for such cases.\n 4. In the event that the ratio of the income of the family to the\nrental of the dwelling becomes greater than that prescribed by law at\nthe time of their admission or in subdivision one of this section,\nwhichever is greater, and is more than fifty per centum above the family\nincome so prescribed for admission to the dwelling and continues for a\nperiod of three months, the authority shall require such family to\nremove from the dwelling and may take such steps, including summary\nproceedings, as are necessary to effect the removal of the family. A\nthree months' period shall be given the family to find new\naccommodations. Pending removal from the dwelling, the rent of such\nfamily shall be increased in proportion to its ability to pay more, the\namount of increase to be ruled upon and prescribed by the authority for\nsuch cases.\n 5. Notwithstanding the foregoing provisions of this section, an\nauthority may establish income limits for continued occupancy for any\nproject aided by periodic cash subsidies, exceeding the limits otherwise\nauthorized under this section but not in excess of the highest income\nlimits approved by the commissioner for any state project in the\nmunicipality. The provisions of this subdivision are intended solely for\nthe purpose of determining eligibility and not for the purpose of\ndetermining rent to be paid.\n 6. Notwithstanding any provisions to the contrary contained in this\nchapter, if an authority determines that any person or family of low\nincome residing in any project of the authority whose income exceeds the\nlimits for continued occupancy is unable to find decent, safe and\nsanitary housing within its financial reach within the community\nalthough making every reasonable effort to do so or because of special\ncircumstance the removal of such person or family would occasion undue\nhardship such person or family may be permitted to remain in occupancy\nfor the duration of such a situation. The rent of such person or family\nshall be increased in accordance with its ability to pay, the amount of\nsuch increase to be prescribed by the authority.\n 7. A municipal housing authority created and established for a city of\none hundred thousand or more shall grant a preference in the selection\nof tenants to members of a police force of such city provided that such\nmembers otherwise qualify for occupancy in its projects and provided,\nfurther, that such city has adopted a local law authorizing such\npreference.\n