§ 1106-G — Adjustment of rents; income verification

§ 1106-g. Adjustment of rents; income verification. Notwithstanding\nany other provision of law, no grants or loans shall be provided\npursuant to this article unless an eligible owner has agreed to require\nthe tenants and occupants residing in the housing project or projects to\nsubmit an annual income affidavit as prescribed by the corporation,\ntogether with proper documentation as and if prescribed by the\ncorporation, as the case may be. Upon submission of such affidavit and\ndocumentation, if any, the eligible owner shall adjust the rent of a\ntenant pursuant to a procedure established by the corporation by\nregulation which procedure shall, to the extent economically feasible,\nmaintain the affordability of such project to such tenants. If the\ntenant or occupant shall fail to submit such affidavit and\ndocumentation, or if such verification as prescribed by the corporation\nshall result in a disagreement caused by understatement of income and\nthe tenant shall have failed to correct such original affidavit and\ndocumentation on forms specified by the corporation within sixty days of\nnotification by certified mail by the eligible owner addressed to the\ntenant, the eligible owner shall in addition to the last rent assess\nsuch tenant or occupant a surcharge which shall equal the difference\nbetween the tenant's last rent and the rent the tenant would otherwise\nhave to pay had the grant or loan provided under this article been made\nas a loan at the prevailing market rate of interest and requiring thirty\nyear amortization at the time the grant or loan was made. The provisions\nof any other law to the contrary notwithstanding, solely for the purpose\nof verification of income, the corporation may contract with the\ndepartment of taxation and finance for services performed by such\ndepartment in verifying income information forwarded by the corporation\nor the eligible owner to such department. Nothing contained herein shall\nbe construed to authorize the corporation to contract with such\ndepartment to provide any income information whatsoever and such\nagreement shall be limited solely to the verification of income\ninformation. No officer or employee of the corporation, the New York\nstate housing finance agency, the division of housing and community\nrenewal or the eligible owner shall be subject to any civil or criminal\nliability by reason of his forwarding to the department of taxation and\nfinance of any income information pursuant to this section, unless (i)\nsuch information is knowingly and willfully materially misrepresented by\nsuch officer or employee or (ii) such information is knowingly and\nwillfully divulged to any person, except in the discharge of such\nofficer's or employee's duties solely for the purpose of verification of\nincome, for any reason whatsoever. The corporation shall promulgate\nrules and regulations to effect the provisions of this section provided\nhowever that the corporation need not promulgate rules and regulations\nin the event the corporation adopts procedures which are substantially\nsimilar to the rules and regulations adopted by the commissioner\npursuant to section sixty of this chapter. The provisions of the state\nfreedom of information act shall not apply to any income information\nobtained by an eligible owner, division of housing and community\nrenewal, New York state housing finance agency or the corporation,\npursuant to the provisions of this section.\n