Title 68: Human Resources Administration

Chapter 1: Granting of Licenses For Public Solicitation

§ 1-01 Applications.

(a) All applications shall be made on Form W704A provided by the Department.
  1. Content. Every application made hereunder shall set forth, in addition to other information, the following:

   (1) Name and address of organization.

   (2) Names and addresses of the officers and directors of the organization.

   (3) The method of solicitation.

   (4) Specific dates for which permission is sought and localities and places of solicitation.

   (5) Purpose or object of solicitation.

   (6) The estimated expenses of the proposed solicitation.

   (7) Whether or not any commissions, fees, wages or emoluments of any character are to be extended in connection with such solicitation and if so, the rates or amounts.

   (8) A verified statement of all monies, donations or financial assistance of any kind collected during the previous fiscal or calendar year, the expenditures connected therewith, and all other disbursements thereof.

   (9) Copy of any contract made in connection with the solicitation shall be attached to the application.

  1. Certified resolution of authority to be filed. Every organization, society, association or corporation applying for such license shall file with its application a copy of the resolution adopted by such organization, society, association or corporation authorizing the application, certified to as correct by the proper officer thereof.

§ 1-02 Eligibility.

(a) In general. Licenses will not be issued to individuals but only to non-profit groups, organizations, associations and corporations. All officers and directors of applicant organization must be of good character and bear a reputation in the community satisfactory to the Commissioner.
  1. Veterans organizations. Applications for public solicitation may not be submitted by posts, branches, garrisons or other units or subdivisions of organizations having county or state offices unless specifically authorized in writing by the State or County office. National offices of organizations may also apply.

§ 1-03 Licensee Prohibitions, Duties and Limitations.

(a) Proceeds – certain uses prohibited. No license shall be granted where any part of the proceeds collected insures to the benefit of any individual officer or member of the organization, society, association or corporation, directly or indirectly, except that reasonable compensation may be paid for services rendered.
  1. Gambling and games of chance. No gambling device, lottery, raffle, drawing or game of chance shall be permitted at or used in connection with any function for which a license to solicit has been granted.
  2. Misstatements. Any misstatement made in the application or to the Commissioner for the purpose of obtaining a license may be deemed sufficient cause for refusing such license or for revoking any license granted.
  3. Terms of license to be fulfilled. Licenses granted hereunder shall specify the period during which they shall remain in force, the name of the organization, society, association or corporation to which granted, the manner in which the solicitation shall be carried on, the location of the solicitation, and the purpose of the solicitation. Licensees and all solicitors, collectors or other representative of the licensees, shall be required to produce on demand, the original license or a photographic copy. The license shall not be valid unless it bears the signature of the Commissioner, Deputy Commissioner or Counsel to the Department of Social Services.
  4. Commissioner’s right to audit. The Commissioner reserves the right to make or cause an audit to be made at any time of the accounts of any organization, society, association or corporation, to which a license has been issued at any time, and if such audit discloses any irregularity it shall be sufficient reason for the revocation of the license and for the denial of future licenses to the same group or its successors or affiliates. The Commissioner reserves the right to examine books and records of applicants for licenses.
  5. Non-transferability of license. No license granted in accordance with these regulations shall be transferable.
  6. Filing of statement of receipts and expenditures. The holder of the license shall file with the Department of Social Services, within ten (10) days after the expiration of the period for which it was granted, a statement of the receipts and expenditures in detail, sworn to by a proper officer.
  7. Ten day rule. Completed application form for solicitation of funds must be filed with the Department of Social Services at least ten (10) days before the effective date of the requested solicitation.
  8. Sale of tickets or advertising.

   (1) License issuance limited to three month period prior to activity. In connection with the sale of tickets or advertising for fund-raising purposes a license will not be issued earlier than three months before the scheduled date of the proposed affair.

   (2) Submissions of samples. It is required that organizations licensed by the Department of Social Services who conduct campaigns for contributions and by sale of tickets must furnish the Department with samples of letterheads, appeal letters and literature to be used in connection with such campaign and where the sale of tickets is licensed, the Department must be furnished with samples of the tickets in the different price denominations.

  1. Proof of consent to use of private property. Within the discretion of the Commissioner, he may require applicant for license to furnish proof of consent to solicitation on any privately-owned property.
  2. Prohibition against soliciting while in military uniform. No licensees, or representatives of a licensee, shall wear the uniform or any part thereof, of the Army, Navy, Coast Guard or Marine Corps of the United States, or of the National Guard or State Guard of the State of New York, in connection with such solicitation of funds.
  3. Removal of solicitation container at license expiration. Where public solicitation is conducted by placement indoors of containers or receptacles, such solicitation must terminate upon the expiration date of the license. No container or receptacle may be displayed after such expiration date, and all containers and receptacles must be promptly removed by or returned to the licensee.
  4. Street solicitation.

   (1) Soliciting prohibited in certain places. No license granted hereunder shall be construed to permit or allow the holder, thereof, to solicit contributions along the line of march of any parade or at any block party or street fair, unless such solicitation is specifically authorized by the license. No solicitation is to be conducted on any public conveyance, platform, stairway, station or any appurtenance of a subway or elevated railway.

   (2) Solicitation by children prohibited. The use of children under eighteen (18) years of age in solicitation under authority of license issued by the Department of Social Services is prohibited.

   (3) Three-day limitation. Licenses for street solicitation shall be limited to a period of three days within a six-month period. In instances involving inclement weather, a licensee may request and receive substitute days. The last week in May shall be reserved for veteran organizations only who will be permitted to conduct both indoor and outdoor solicitation by the sale of poppies during this time.

   (4) Distance required between solicitors. There shall be at least the distance of one City block between persons soliciting funds on public streets under license from the Department of Social Services.

   (5) Manner of soliciting. Solicitors shall approach pedestrians in a quiet, conversational tone. Solicitors shall not shout or otherwise conduct themselves in a manner offensive to passersby and shall not carry signs.

   (6) Solicitors shall not block entrances. Solicitors shall not block the entrance to any dwelling, store or other place of business, nor impede in any way the free ingress to or egress from any dwelling, store or other place of business.

   (7) Solicit near the curb line. Solicitors shall station themselves nearest the curb line.

§ 1-04 Violations.

Any violation of these regulations or of any ordinance or law may result in the revocation of the license and in denial of future licenses to the same organization, its successors or affiliates.

Chapter 2: Burial Claims

§ 2-01 General Statement.

(a) The laws of the state of New York require that New York City be responsible for the burial of poor people who reside here. New York City meets these requirements in two ways. For those deceased persons who do not have a friend or relative who is willing to arrange for burial, the deceased is interred in New York City's burial ground (known as "Potter's Field"). For those deceased persons who have a friend or relative who wishes to arrange for burial through a funeral director, New York City will help pay burial expenses if there is no legally responsible relative living with the deceased at the time of death or prior to the institutionalization of the deceased who is financially able to pay for the burial. These regulations explain when and how much New York City will pay for the burial expenses when the funeral was arranged by a friend or relative.
  1. Benefits will be provided in an amount not to exceed $800 if burial expenses do not exceed $1,400. The only exclusions from this $1,400 are the cost of the burial plot on behalf of the deceased and the grave opening or the cost of cremation and any costs required by the cemetery. All other costs will be included in determining the total costs of the burial expenses for purposes of determining the $1,400 limitation set forth above. Where a burial follows a cremation, only the cost of the cremation shall be excludable. Applications for benefits must be made in person by the individual who authorized the funeral unless the application is made by an “organizational friend” as defined in 68 RCNY § 2-02 “Friend” (2). Reasonable proof of indigency of the deceased and the legally responsible relative must be supplied. Proof of burial expenses must be supplied in order for payment to be authorized. The details of these requirements are described in the following sections.

§ 2-02 Definitions.

Applicant. An applicant is a relative or friend of the indigent decedent who has authorized or provided for the burial of an indigent person, has signed the prescribed form seeking assistance for burial expenses, and has hand-delivered the signed application to personnel of the Burial Claims Unit. A legally responsible relative who resided with the deceased prior to the deceased’s institutionalization or at the time of death must be the applicant, for that deceased individual. Except for Organizational Friends, as defined in 68 RCNY § 2-02 “Friend” (2), applicants or their authorized representatives must appear in person at the Burial Claims Unit of the Human Resources Administration to apply for benefits.

Application. An application is an action by which a person indicates his or her desire to receive a grant for burial expenses through signing and hand-delivering the prescribed form to personnel of the Burial Claims Unit.

Authorized representative. An authorized representative means the person designated by the friend or relative to make funeral arrangements and/or to apply on the applicant’s behalf. Proof of representation shall consist of a statement signed by the applicant designating the person as the authorized representative.

Burial expenses. Burial expenses mean any cost related to the funeral or burial of the deceased which are enumerated in the written itemization statement or crematory/cemetery charge bill. The value of items or services donated by a funeral director, funeral home, or cemetery shall not be considered burial expense.

Friend. A friend may be either an (1) individual; or (2) a charitable and/or religious organization.

  1. Individual friend. A friend is any person who, prior to the decedent’s death, maintained such regular contact with the deceased as to be familiar with the decedent’s activities, health and religious beliefs. Such “friend” shall present a sworn, notarized statement stating the facts and circumstances upon which the claim that he is a “friend” is based. The following persons are not “friends” of the deceased for purposes of these regulations: Funeral directors and employees of the funeral home through whom funeral arrangements have or will be made; Public Administrators, acting in their official capacity; hospital administrators and hospital employees acting in their official capacity; administrators and employees of all facilities set forth in Article 28 of the Public Health Law acting in their official capacity.
  2. Organizational friend. A charitable and/or religious organization may qualify as an “organizational friend” if the New York City Department of Social Services gives advance approval of such status based on the organization’s satisfactorily meeting the following criteria:

   (i) The organization’s history and purpose, as demonstrated by its articles of organization, are charitable and/or religious in nature;

   (ii) Part of the organization’s function is to bury indigent persons;

   (iii) The organization’s principal place of business is in New York City;

   (iv) The organization is non-profit and tax-exempt pursuant to § 501(c)(3) of the United States Internal Revenue Code;

   (v) No board member or officer of the organization is a funeral home director with which the organization does business;

   (vi) A substantial amount of the organization’s funding for burial purposes comes from private sources; and

   (vii) Annually, the organization makes its books and records available to the New York City Department of Social Services for inspection, review and audit, if necessary.

Funeral directing. Funeral directing means the care and disposal of the body of a deceased person and/or the preserving, “disinfecting and preparing by embalming or otherwise, the body of a deceased person for funeral services, transportation, burial or cremation; and/or funeral directing or embalming as present known, pursuant to § 3400(d) of the Public Health Law or in accordance with the statutes of the funeral director’s home state.

Funeral director. A funeral director is a person to whom a valid license as such has been duly issued, pursuant to § 3400(a) of the Public Health Law or licensed in accordance with the statutes of the funeral director’s home state.

Funeral establishment. A funeral establishment means a single physical location, address or premises devoted to or used for the care and preparation of a body of a deceased person for disposition and for mourning or funeral ceremonial purposes, pursuant to § 3400(g) of the Public Health Law or licensed in accordance with the statutes of the funeral establishment’s home state.

Funeral firm. A funeral firm means an individual, partnership, corporation or estate representative engaged in the business and practice of funeral directing, pursuant to § 3400(j) of the Public Health Law or licensed in accordance with the statutes of the funeral firm’s state.

Indigent. An indigent is an individual who was in receipt of public assistance or Supplemental Security Income (“SSI”); or if less than age 65 was eligible for public assistance; or if age 65 and over, was eligible for SSI.

Legally responsible relative. A legally responsible relative is legally obligated to furnish support for the following persons: a spouse; a son or daughter under the age of twenty-one years and a step-child under the age of twenty-one years. A person is not chargeable with the support of an adopted child of his or her spouse, if the child was adopted after the adopting spouse is living separate and apart from the non-adopting spouse pursuant to a legally recognizable separation agreement or decree under the domestic relations law, and the spouses remain separate and apart after the adoption.

New York City. New York City means the Human Resources Administration of the City of New York, which is the local social services district for the City of New York. The Burial Claims Unit. The Burial Claims Unit is the unit of the Human Resources Administration which accepts applications, processes applications, and authorizes grants for burial expenses based on applications for burial grants, including applications by relatives or friends for grants for a decedent who is a discharged member of the armed forces of the United States, a minor child or parent of any such member of the armed forces, or the spouse or unremarried surviving spouse of any such member of the armed forces. The decedent shall be a legal resident of New York City at the time of death. The Burial Claims Unit of the Office of Constituent and Community Affairs of the New York City Human Resources Administration is located at 151 Lawrence Street, 5th Floor, Brooklyn, New York 11201.

Public assistance. Public assistance means the receipt of Home Relief or Aid to Dependent Children. Payments of emergency assistance to families or emergency home relief shall not be considered public assistance.

Relative. Relative includes all relatives of the deceased through first cousin or the spouse of any such relative. Specifically included are the spouse, child, grandchild, parent, grandparent, brother, sister of the deceased and their spouses.

Supplemental Security Income. Supplemental Security Income, or SSI, means the receipt of SSI or additional state payments.

§ 2-03 Application for Financial Assistance for Burial Expenses.

(a)  An application shall be submitted to the Agency within sixty days of the date of death by the relative or friend of the deceased or an authorized representative.
  1. An application shall be made by personal appearance at the Burial Claims Unit.
  2. The applicant shall receive a prescribed application form. An applicant shall complete the application form before any assistance shall be authorized. All documents required to verify eligibility for and the amount of benefits must be submitted within sixty days of the application for benefits. Failure to provide such documents within the time set forth in this section shall result in a finding of ineligibility and a denial of the application except as stated in this subdivision (c). An applicant who cannot submit the documentation within sixty days of the date of application shall inform the Burial Claims Unit in writing of the delay and the reason therefor within the sixty-day period. Extensions of this period shall be granted at the discretion of the Burial Claims Unit.
  3. Applications on behalf of indigents who were in receipt of public assistance from the Human Resources Administration of New York City or Supplemental Security Assistance at the date of death may be made prior to burial and eligibility for a grant for burial expenses will be determined within two working days of application. If the applicant is a legally responsible relative, (s)he must also be a recipient of public assistance from the Human Resources Administration of New York City or Supplemental Security Assistance. If eligibility is found, the applicant shall be issued a pre-approval letter addressed to the funeral director acknowledging eligibility subject to the monetary and documentation requirements set forth in these regulations. Authorization for payment of burial expenses shall be deferred until receipt of all documentation. Such documentation must be supplied within 60 days of application except as described in 68 RCNY § 2-03(c). The Burial Claims Unit will make every effort to authorize payment within two weeks of receipt of all necessary documentation in cases under this subdivision (d).
  4. Application on behalf of indigents who were not in receipt of public assistance from the Human Resources Administration of New York or Supplemental Security Assistance at the date of death are subject to further eligibility verification. The Burial Claims Unit will make every effort to make a final determination of eligibility for payment within thirty days of receipt of all necessary documentation required in this regulation. Applicants who authorized the burial of public assistance or SSI recipients and who did not apply before burial as allowed in subdivision (d), are subject to this subdivision (e).
  5. Relatives and friends of a decedent who was a discharged member of the armed forces of the United States, a minor child or parent of any such member of the armed forces, or the spouse or unremarried surviving spouse of any such member of the armed forces shall apply to the Burial Claims Unit for a grant for burial expenses. The decedent shall be a legal resident of New York City at the time of death. The discharge status of the decedent shall be confirmed by the United State Department of Veterans Affairs.

§ 2-04 Eligibility of Applicants for a Grant for Burial Expenses.

(a)  The Burial Claims Unit may authorize payment of a sum of up to $900 toward burial costs. No payments shall be authorized if the burial expenses, exclusive of the costs of cremation or of the burial plot and the grave opening, exceed $1,700.
  1. The value of any resources or income which were available to the deceased shall be deducted from the $800 burial allowance in determining the amount the applicant shall receive.
  2. The value of any resources or income available to the legally responsible relative who resided with the deceased shall be deducted from the $800 burial allowance in determining the amount the applicant shall receive.
  3. A legally responsible relative who resided with the deceased shall be eligible for a burial allowance only if (s)he was financially eligible for public assistance if under age 65, or eligible for SSI if age 65 or over.

§ 2-05 Verification.

Verification of data supplied on the application form which are pertinent to the determination of eligibility or the amount of the grant toward burial expenses, is an essential element of this investigation.

  1. Documents, personal and collateral interviews, correspondence and conferences are means of verification. The Burial Claims Unit may require verification of all assets and resources that were available to the deceased at the time of death.
  2. All applicants shall be required to provide the Burial Claims Unit with the following documentation:

   (1) A Certificate of Death, which shall contain the name, date of death and place of death of the person to whom it relates and shall be properly certified by the local registrar, or a Certificate of Spontaneous Termination of Pregnancy. The Certificate of Spontaneous Termination of Pregnancy must be prepared in accordance with 24 RCNY Health Code Article 203.

   (2) Two itemized funeral bills, indicating funeral charges, services and merchandise provided. The funeral bills shall be signed by the funeral director before a notary public.

   (3) A true copy of the written Itemization Statement required to be furnished in accordance with § 78.1 of the regulations of the New York State Department of Health. Such statements shall include, but not be limited to, the price of the funeral together with the price of each item of service and merchandise actually furnished. True copies of the statement, pursuant to said regulations, shall be consecutively numbered and maintained in numerical order at the funeral establishment. The itemization statement shall bear the dated signature of both the applicant and the funeral director.

   (4) A cemetery charge bill, if any.

   (5) Such other documentation as may be required by New York City, whether in the possession of the applicant, the funeral director, or the cemetery.

  1. The funeral director shall be required to complete a prescribed form affidavit, provided by the Burial Claims Unit, where payment was made directly to the funeral home. The form shall include, but not be limited to, the following provisions:

   (1) An attestation that the funeral bill is ordinary and customary.

   (2) A statement that the funeral director understands that (s)he shall be subject to the penalties set forth in §§ 3450 et seq. of the Public Health Law, if he knowingly makes a false statement or misrepresentation, or practices fraud or deceit in his business or in the business of the funeral firm.

   (3) A statement that the funeral bill has either been paid or is due and owing.

   (4) A statement that the funeral director agrees that (s)he will furnish any additional documentation kept in the normal course of business which the Burial Claims Unit may require to evaluate eligibility for and amount of benefits.

  1. A personal interview may be required with the fiduciary of the estate of the decedent. New York City shall assess the availability of assets in the deceased’s estate to pay the burial expenses. In the event that the executor fails or refuses to cooperate in providing information about the assets and resources available to the deceased at the time of death, eligibility for a grant for burial expenses shall be indeterminable and the application shall be denied. In the event that a lawsuit has been initiated by the fiduciary of the estate, documents shall be obtained to identify all available funds.

§ 2-06 Residence.

The decedent shall be a resident of New York City or a recipient of public assistance or medicaid from the Department of Social Services of New York City or the application shall be denied. In the event an indigent person dies in New York City but resided in another county in New York State, an application for a grant for burial expenses shall be rejected. The applicant shall be advised to apply to the Department of Social Services in the county of decedent’s residence for assistance.

§ 2-07 Continuing Liability of the Legally Responsible Relative.

In accordance with State law, the relatives who survive the deceased who would have been responsible for his/her support are responsible for the expenses of his/her burial to the extent they are able to pay. New York City may take appropriate action to enforce this obligation in order to reimburse any expenses incurred by New York City in accordance with these regulations.

§ 2-08 Fair Hearing.

(a)  Fair hearing is the procedure by which an applicant for a grant for burial expenses may appeal to the Commissioner from certain decisions or actions of the Burial Claims Unit and have a hearing thereon, in accordance with Section 22 of the Social Services Law and Title 18, §§ 358.1 et seq. of the Official Compilation of the Codes, Rules and Regulations of the State of New York (NYCRR).
  1. An applicant for a grant for burial expenses shall be entitled to a fair hearing on the following grounds:

   (1) denial of an application for a grant for burial expenses;

   (2) failure to determine the applicant’s eligibility;

   (3) inadequacy in amount or manner of payment of burial expenses;

   (4) any other grounds affecting the applicant’s entitlement to a grant for burial expenses or the amount thereof.

  1. As set forth in Title 18, Section 358 of the NYCRR, request for a hearing must be made within 60 days of the adverse action which is being appealed. Failure to appeal within this 60 day period will result in a denial of the Fair Hearing.

§ 2-09 Application for Financial Assistance for Burial Expenses for Certain Veterans.

Notwithstanding any other provision of law or regulation to the contrary, where a discharged member of the armed forces of the United States, other than a member of the armed forces who was dishonorably discharged, and the discharge status of the decedent has been confirmed with the United States Department of Veterans Affairs, dies in the city of New York without leaving sufficient means to defray his or her funeral expenses and dies without a friend or relative to act as an applicant for the purpose of seeking assistance for burial expenses from the Human Resources Administration.

  1. A veteran’s organization may act as an organizational friend for purposes of applying for burial expenses if such veteran’s organization has been qualified as an organizational friend by the Human Resources Administration. Approval of such organization as an organizational friend is based on the organization’s satisfactorily meeting the following criteria:

      (i) The organization’s history and purpose, as demonstrated by its articles of organization, are charitable and/or religious in nature;

      (ii) Part of the organization’s function is to bury indigent veterans;

      (iii) The organization’s principal place of business is in New York City;

      (iv) The organization is non-profit and tax-exempt pursuant to § 501(c)(3) or 501(c)(19) of the United States Revenue Code;

      (v) No board member or officer of the organization is a funeral home director with which the organization does business;

      (vi) A substantial amount of the organization’s funding for burial purposes comes from private sources;

      (vii) Annually, the organization makes its books and records available to the Human Resources Administration for inspection, review and audit, if necessary.

  1. The Burial Claims Unit may authorize payment of a sum of up to $900 toward burial costs, including the cost of transporting the remains of the veteran to the Calverton National Cemetery.

      (i) No payments shall be authorized if the burial expenses, exclusive of the costs of cremation or the burial plot and the grave opening, exceed $1,700.

      (ii) No payments shall be authorized if the veteran is to be buried in a private cemetery other than in the Calverton National Cemetery.

      (iii) The value of any resources or income which were available to the deceased shall be deducted from the $900 burial allowance in determining the amount the applicant shall receive.

Chapter 3: Employment Training Programs For Public Assistance Recipients

§ 3-01 Purpose.

The purpose of these rules is to establish an evaluation procedure for employment training programs to ensure that training provided in such program shall:

  1. be sufficient to enhance substantially the participants’ opportunity to secure unsubsidized employment, or
  2. when coupled with or provided in conjunction with other training or work activities represent part of a comprehensive approach to securing unsubsidized employment for the participants and attaining self-sufficiency.

§ 3-02 Definitions.

As used in these rules, the following terms shall have the following meanings:

Cohort. A group that includes all public assistance recipients who are or have been enrolled in an employment training program, whose scheduled date of completion of that program is within a specific one-year period, but does not include those recipients who withdrew or were otherwise removed from the program within thirty days of their date of enrollment in the program. Recipients whose original scheduled date of completion would place them within a cohort, but whose date of completion has been rescheduled with the approval of OES, shall not be included in that cohort.

Date of enrollment. The first date upon which a public assistance recipient is scheduled to attend a class at an employment training program.

Department of social services. The New York State Department of Social Services, or any successor agency which is responsible for functions described herein.

Employment training programs. Vocational training programs, literacy programs, job placement programs, and associate’s degree or other post-secondary two-year degree granting programs.

OES. The Office of Employment Services of the New York City Human Resources Administration.

OES work-related activity. Any job search, work experience program, on-the-job training program, or other training in which OES requires a recipient to participate pursuant to applicable law and regulations.

Paid employment. Lawful employment for which a person is paid on an hourly, per diem, weekly, biweekly or monthly basis. Paid employment includes full-time employment and part-time employment.

§ 3-03 Standards for Evaluating Employment Training Programs.

(a)  To be approved as an employment training program for which a public assistance recipient may receive training-related expenses, or a full or partial exemption from requirements to participate in other OES work-related activities, a vocational training program must meet the following conditions:

   (1) (i)  It is licensed by the New York State Education Department, or is sponsored by a government agency, and

      (ii) It is enrolled with and approved by the New York State Department of Social Services, in accordance with the requirements of that Department.

   (2) It furnishes to OES documentation of enrollment, attendance, and satisfactory progress of each public assistance recipient enrolled in its program who is receiving training-related expenses or is receiving an exemption from other OES work-related activities. Such documentation shall be in a form satisfactory to OES.

   (3) It shall establish, and report to OES, a scheduled date of completion for each public assistance recipient enrolled in its program. The completion date shall not be later than two years from the date of enrollment of any public assistance recipient, except as may otherwise be required pursuant to applicable law. This requirement shall apply with respect to public assistance recipients who enroll on or after May 1, 1996 and to recipients who have enrolled prior to such date and are continuing their studies in the program as of that date.

   (4) If it has been subject to an employment placement rate review, as described in 68 RCNY § 3-04, it has a current Certificate of Approval Following Employment Placement Rate Review or a current Certificate of Conditional Approval Following Employment Placement Rate Review.

  1. To be approved as an employment training program for which a public assistance recipient may receive training-related expenses, or a full or partial exemption from requirements to participate in other OES work-related activities, a literacy program must meet the following conditions:

   (1) (i)  It is licensed by the New York State Education Department, or is sponsored by a government agency, and

      (ii) It is enrolled with and approved by the New York State Department of Social Services, in accordance with the requirements of that Department.

   (2) It furnishes to OES documentation of enrollment, attendance, and satisfactory progress of each public assistance recipient enrolled in its program who is receiving training-related expenses or is receiving an exemption from other OES work-related activities. Such documentation shall be in a form satisfactory to OES.

   (3) It shall establish, and report to OES, a scheduled date of completion for each public assistance recipient enrolled in its program. The completion date shall not be later than two years from the date of enrollment of any public assistance recipient, except as may otherwise be required pursuant to applicable law. This requirement shall apply with respect to public assistance recipients who enroll on or after May 1, 1996, and to recipients who have enrolled prior to such date and are continuing their studies in the program as of that date.

   (4) If it has been subject to an employment placement rate review, as described in 68 RCNY § 3-04, it has a current Certificate of Approval Following Employment Placement Rate Review or a current Certificate of Conditional Approval Following Employment Placement Rate Review.

  1. To be approved as an employment training program for which a public assistance recipient may receive training-related expenses, or a full or partial exemption from requirements to participate in other OES work-related activities, a job placement program must meet the following conditions:

   (1) (i)  It is licensed by the New York State Education Department, or is sponsored by a government agency, and

      (ii) It is enrolled with and approved by the New York State Department of Social Services, in accordance with the requirements of that Department.

   (2) It furnishes to OES documentation of enrollment, attendance, and satisfactory progress of each public assistance recipient enrolled in its program who is receiving training-related expenses or is receiving an exemption from other OES work-related activities. Such documentation shall be in a form satisfactory to OES.

   (3) It shall establish, and report to OES, a scheduled date of completion for each public assistance recipient enrolled in its program. The completion date shall not be later than two years from the date of enrollment of any public assistance recipient, except as may otherwise be required pursuant to applicable law. This requirement shall apply with respect to public assistance recipients who enroll on or after May 1, 1996, and to recipients who have enrolled prior to such date and are continuing their studies in the program as of that date.

   (4) If it has been subject to an employment placement rate review, as described in 68 RCNY § 3-04, it has a current Certificate of Approval Following Employment Placement Rate Review or a current Certificate of Conditional Approval Following Employment Placement Rate Review.

  1. To be approved as an employment training program for which a public assistance recipient may receive training-related expenses, or a full or partial exemption from requirements to participate in other OES work-related activities, an associate’s degree or other post-secondary two-year degree program must meet the following conditions:

   (1) It is licensed by the New York State Education Department.

   (2) It furnishes to OES documentation for public assistance recipient enrollees as to enrollment, attendance, and satisfactory progress and accumulation of credits, as defined by OES procedures.

   (3) It furnishes to OES a copy of the school’s calendar for the year, and a summary of credit acquisition requirements, on a semester basis, which full-time students must meet in order to obtain a degree within two years.

   (4) It establishes, and reports to OES, a scheduled date of completion for each public assistance recipient enrollee. The completion date shall not be later than two years from the date of enrollment of any public assistance recipient, except as may otherwise be required pursuant to applicable law.

   (5) If it has been subject to an employment placement rate review, as described in 68 RCNY § 3-04, it has a current Certificate of Approval Following Employment Placement Rate Review or a current Certificate of Conditional Approval Following Employment Placement Rate Review.

§ 3-04 Employment Placement Rate Review.

(a)  Once every six months, an employment training program which has had sufficient public assistance recipient enrollees to form a cohort, as described herein, shall be subject to an employment placement rate review to determine its continued eligibility for approval, as follows:

   (1) For vocational training programs, the minimum size of a cohort, as defined in 68 RCNY § 3-02, shall be 25. A vocational training program shall pass the employment placement rate review if 40% of persons in the cohort have secured paid employment at any time following their date of enrollment up to the date the employment placement rate review is completed.

   (2) For literacy programs, the minimum size of a cohort, as defined in 68 RCNY § 3-02, shall be 50. A literacy program shall pass the employment placement rate review if the following percentage of persons in the cohort have secured paid employment at any time following their date of enrollment up to the date the employment placement rate review is completed:

      (i) For a review conducted in 1996, 10%;

      (ii) For a review conducted in 1997 or thereafter, 15%.

   (3) For job placement programs, the minimum size of a cohort, as defined in 68 RCNY § 3-02, shall be 25. A job placement program shall pass the employment placement rate review if the following percentage of persons in the cohort have secured paid employment at any time following their date of enrollment up to the date the employment placement rate review is completed:

      (i) For a review conducted in 1996, 40%;

      (ii) For a review conducted in 1997 or thereafter 50%.

   (4) For associate’s degree and other post-secondary two-year degree programs, the minimum size of a cohort, as defined in 68 RCNY § 3-02, shall be 25. An associate’s degree program or other post-secondary two-year degree program shall pass the employment placement rate review if the following percentage of persons in the cohort have secured paid employment at any time following their date of enrollment up to the date the employment placement rate review is completed:

      (i) For a review conducted in 1996, 25%;

      (ii) For a review conducted in 1997 or thereafter, 30%.

   (5) Where an institution provides more than one type of employment training program, such as a job placement program and a literacy program, OES shall review such programs separately to determine whether each program is subject to and passes the employment placement rate review standards for the relevant program.

  1. Documentation of placement rate: OES shall consider the following evidence to determine placement rate:

   (1) Acceptable documentation of students engaged in paid employment provided to OES by an employment training program or any other person. Employment training programs shall submit such information by the applicable deadline for the cohort review. For each enrollee or former enrollee, such documentation must contain all of the following information:

      (i) A recent pay stub, or an original of correspondence from the employer confirming the employment.

      (ii) The public assistance recipient’s name and social security number.

      (iii) The employer’s name, address and telephone number.

      (iv) The job title, date on which employment started, date on which employment ended (if applicable), and salary, indicating whether it is on an hourly, per diem, weekly, biweekly, or monthly basis.

   (2) Information obtained by matching enrollment lists with the New York State Welfare Management System database to identify persons whose cases have been closed or rebudgeted since the date of their enrollment in the employment training program.

  1. As evidence of an enrollee’s completion, withdrawal or removal from an employment training program, OES shall accept only a copy of an “Attendance and Satisfactory Progress” roster report that was generated by the appropriate OES unit or office and completed by an appropriate officer of the employment training program.
  2. If, after performing the employment placement rate review, OES determines that an employment training program has not placed the required percentage of public assistance recipient enrollees, it shall send the program a “Notice of Intent to Disapprove.” This notice shall include a list of those public assistance recipients whose scheduled date of completion was during the period relevant to the employment placement rate review, for whom OES has not received information confirming paid employment, or the closure or rebudgeting of their case.
  3. An employment training program shall have ten days from the date of the “Notice of Intent to Disapprove” to provide notice to OES that it intends to contest the dis- approval.
  4. An employment training program which has filed notice pursuant to paragraph (e) shall have thirty days from the date of the “Notice of Intent to Disapprove” to submit documentation of additional placements, documentation showing that persons who were included in the placement rate review should not have been included, and a written statement explaining any other reasons why it should not be disapproved. Documentation shall be submitted in accordance with the provisions of subdivisions (b) and (c) of this section.
  5. When the employment placement rate review is complete, and OES has considered any materials timely submitted by an employment training program following its receipt of a Notice of Intent to Disapprove, OES shall determine whether the program shall be approved or disapproved. It shall send a “Certificate of Approval Following Employment Placement Review” to those programs which have passed the review, in accordance with the requirements for passing set forth in subdivisions a through c of this section. It shall send a “Notice of Disapproval Following Employment Placement Review” to all other programs that have been reviewed.
  6. A Notice of Disapproval Following Employment Placement Review shall notify the employment training program that it may submit to OES a “Corrective Action Plan” specifying steps that the program will take to attain the required placement rate, as set forth in subdivision a of this section. If OES determines that the Corrective Action Plan is acceptable, it shall send the program a “Certificate of Conditional Approval”. Such Certificate shall not take effect until 90 days after the date of Notice of Disapproval Following Job Placement Review. Until the Certificate of Conditional Approval takes effect, the program shall be suspended. Notwithstanding any provision of this paragraph, a program shall not be suspended based on the results of the first Employment Placement Review of the program following the effective date of these rules, if it has submitted a Corrective Action Plan which has been approved by OES.
  7. A Certificate of Conditional Approval shall remain in effect until the next time an employment training program has undergone an employment placement rate review. While a Certificate of Conditional Approval is in effect, OES shall limit the number of public assistance recipients for whom it approves training-related expenses to participate in the program. The maximum number shall be the greater of: (i) 25 recipients, or (ii) 10% of the number of public assistance recipients whose placement rate was evaluated during the employment placement rate review.
  8. A Certificate of Approval Following an Employment Placement Rate Review shall remain in effect until OES has completed a new employment placement rate review and issued a new Certificate of Approval or a Notice of Disapproval Following Employment Placement Rate Review.

§ 3-05 Disapproval for False or Fraudulent Documentation, Mismanagement, and Failure to Meet State Requirements.

(a)  If any employment training program submits falsified or fraudulent documentation to OES, it shall be disapproved immediately.
  1. An employment training program to which the New York State Education Department has issued an Order to Show Cause shall be disapproved immediately.
  2. An employment training program subject to the jurisdiction of the New York State Department of Social Services that fails to maintain its eligibility for enrollment with that Department shall be disapproved immediately.
  3. OES may disapprove a program based on other evidence of fraud or misman- agement.
  4. OES shall provide a written notice to a program that is disapproved setting forth the grounds for disapproval.

§ 3-06 Disapproval for Failure to Submit Documentation of Attendance and Progress.

(a)  An employment training program in which public assistance recipients are enrolled shall submit documentation of the attendance and progress of such enrollees to OES on a monthly basis.
  1. Any program that fails to submit such documentation for any month shall receive a Notice of Disapproval for Failure to Submit Documentation of Attendance.
  2. A program that has received such a notice shall not be approved until it has submitted to OES a Corrective Action Plan which has been approved by OES, and ninety days have passed since the date of the notice; provided that OES may waive the ninety day period.

§ 3-07 Standards for Approval of Enrollment and Requests for Training Related Expenses for Public Assistance Recipients.

(a)  A public assistance recipient who wishes to enroll in an employment training program, and in connection therewith to receive training related expenses and/or be excused from other OES work-related requirements, shall submit to OES a "School Enrollment Form" that has been completed by an appropriate officer of the employment training program. A public assistance recipient who is enrolled in an associate's degree or other post-secondary two-year degree program shall submit a "School Enrollment Form" at the beginning of each semester.
  1. OES will review and make a determination of whether to approve the request of a public assistance recipient to participate in an employment training activity according to the following criteria and applicable State regulations:

   (1) The employment training program must be approved as described in 68 RCNY § 3-03, and must not be under suspension for failure to comply with any provision of these rules.

   (2) In the case of an employment training program for which OES has granted a conditional approval, a public assistance recipient’s request will be approved only if the number of public assistance recipients who have enrolled in the program since the date of issuance of the Certificate of Conditional Approval is below the maximum number allowed as set forth in subdivision i of 68 RCNY § 3-04.

   (3) If the public assistance recipient has already received training related expenses to attend a total of twenty-four months of training in one or more employment training programs (regardless of whether such twenty-four months were interrupted by any period of time during which the recipient was not enrolled in an employment training program), OES may, at its discretion, and subject to applicable federal and State law and rules, allow the recipient to continue receiving training related expenses and/or exemption from other work-related activities on condition that the recipient continues to make satisfactory progress; withdraw approval for further training related expenses or a further exemption; or require that the recipient participate in other OES work-related activities while the recipient remains in the program and continues to receive training related expenses. Nothing herein shall be deemed to limit the ability of OES to assign a public assistance recipient to work-related activities, consistent with applicable law.

   (4) In the case of a request to continue attendance in an associate’s degree or other post-secondary two-year degree program, OES may deny approval to a student who has not accumulated sufficient credits to earn the degree in accordance with his or her scheduled date of completion.

   (5) OES may withdraw approval for any recipient who is not attending at least 75% of the scheduled classes or is not making satisfactory progress in the employment training program.

   (6) OES may withdraw or deny approval for any recipient to participate in an employment training program or limit the number of hours of participation for which approval will be given to meet state law requirements pertaining to work and employment training activities, including but not limited to participation rate requirements.

  1. Except as otherwise provided pursuant to federal and State law and rules for hardship cases or as a reasonable accommodation for a person with a disability, a public assistance recipient who enrolls in an associate’s degree or other post-secondary two-year degree program must attend the program on a full time basis.
  2. Public assistance recipients who enroll in part time or evening employment training programs may be required to participate in concurrent employment related ac- tivities.
  3. [Reserved.]
  4. When a public assistance recipient has been receiving training related expenses and/or an exemption from requirements to participate in other OES work-related activities because such recipient has been enrolled in an employment training program, and the recipient does not complete that program by the recipient’s scheduled date of completion, OES may, at its discretion, subject to applicable federal and State law and rules, allow the recipient to continue receiving training related expenses and an exemption from other work-related activites on condition that the recipient continues to make satisfactory progress; withdraw approval for further training related expenses or a further exemption; or require that the recipient participate in other OES work-related activities while the recipient remains in the program and continues to receive training related expenses.
  5. When approval is denied or withdrawn pursuant to this section, the recipient shall receive such notice and hearing with respect to such actions as are required pursuant to the rules of the New York State Department of Social Services.

§ 3-08 Fraudulent Application for Training Related Expenses.

OES shall not approve the application for training related expenses and/or an exemption from other OES work-related activities of a public assistance recipient who knowingly and willingly submits to OES a falsified or fraudulent School Enrollment Form or any other employment training or employment-related document. Such a recipient may be subject to restrictions on eligibility for future employment training activities, and may also be subject to additional sanctions and criminal prosecution. The recipient shall receive such notice and hearing with respect to such actions as are required pursuant to the rules of the New York State Department of Social Services.

§ 3-09 Consequences of Enrollment in a Program that Becomes Disapproved.

(a)  In the event that an employment training program becomes disapproved for failure to pass the employment placement rate review, or for the reasons set forth in subdivisions b or c of 68 RCNY § 3-05, a public assistance recipient who is already enrolled in the program at the time it is disapproved shall continue to receive training related expenses and/or be excused from other OES work-related activities until the earlier of the recipient's training completion date, or the date when the recipient withdraws from the program or OES withdraws approval pursuant to paragraph 5 of subdivision b of 68 RCNY § 3-07.
  1. In the event that an employment training program becomes disapproved pursuant to subdivision a of 68 RCNY § 3-05, a public assistance recipient enrolled in such program shall not receive further training related expenses or continue to be excused from other OES work-related activities. Such a recipient may immediately submit a School Enrollment Form for another employment training program.

Chapter 4: Distribution of Food and Administrative Funds To Emergency Food Providers

§ 4-01 Definitions.

EFAP. EFAP shall stand for the Emergency Food Assistance Program. The City-funded program aids emergency food providers by supplying them with food and administrative funds.

Food provider. A “food provider” shall mean a food pantry, soup kitchen or other similarly constituted non-profit food program which provides food to people based on their having inadequate income to meet their immediate need for food, and which has been certified by the Human Resources Administration to participate in EFAP.

Food pantry. A “food pantry” distributes food packages containing canned and other non-perishable food items which are to be prepared and eaten at home. More than one meal per individual is provided in the food package.

Soup kitchen. A “soup kitchen” serves meals to individuals in a congregate setting or through other direct distribution (i.e., van distribution of meals to homeless in parks and other public places). Typically, one meal per individual is served.

Cycle. A “cycle” is a six month period.

Administration. The “Administration” shall mean the Human Resources Admin- istration.

EFAP Advisory Group. The EFAP Advisory Group shall consist of persons active or concerned with the operation of emergency food programs. The group is chosen by the Administration for advice on the implementation of the Emergency Food Assistance Program.

§ 4-02 [Eligibility.]

To be eligible to receive funds from EFAP, each food provider must meet the following eligibility criteria:

  1. no charges or fees may be assessed for the food provided through EFAP; (b) the provider must have sources of food other than the Administration;
  1. the provider must serve a minimum of 100 meals per month;
  2. EFAP food cannot be used to serve an organization’s “institutional resident” population. (Residents of institutions are those individuals entitled to at least two meals per day as part of the institutions normal service. Examples: Homeless Shelters, Group Homes, Treatment/Rehabilitation Facilities, etc.);
  3. all EFAP food must be properly and securely stored; it cannot be stored, prepared or distributed from a private home, apartment or other personal residence;
  4. the provider must agree to submit a monthly service report which records the number of individuals served per month.
  5. EFAP food and/or funds cannot be used to supplant funds provided through any government contract to provide meals to a specific population (i.e.: Senior Centers or nonresidential treatment programs with government contracts to provide meals).
  6. the provider shall not require attendance at any religious service or other program activity as a prerequisite for receiving emergency food.

§ 4-03 [Certification Requirements.]

A food provider must be certified by the Administration. Certification requirements include:

  1. completion of the EFAP Application Form;
  2. satisfaction of the requirements of 68 RCNY § 4-02 above;
  3. receipt of a site visit by an Administration employee. An Annual recertification visit is also required.
  4. signing an agreement to abide by all EFAP requirements.

§ 4-04 [Food Allocation and Administrative Funds, Biannual Review.]

Each food provider’s food allocation and administrative funds shall be determined two times per year.

§ 4-05 [Food Budget.]

The EFAP food budget will consist of two components: a food supplement and a meal budget.

~

Correspondingly each provider’s food allocation may consist of two components: a food supplement (discretionary) and a meal budget.

~

  1. The EFAP food supplement per cycle shall be equal to no more than ten percent of the total EFAP Food Budget. A food supplement may be awarded to a provider based on the recommendations of the EFAP Advisory Group. These funds shall address needs that could not easily be factored into a set formula. It is envisioned that the funds shall be used to provide food money to: underserved communities by giving additional support to current EFAP providers to expand their service or to enable the Administration to recruit new service providers; programs providing services to special populations, e.g., immigrants and people with HIV; and, to fund special projects. The EFAP food supplement shall only be distributed to groups which meet the definition of “food provider” established in § 4.01 and which meet the eligibility criteria established in § 4.02.
  2. The EFAP meal budget wil be equal to the total EFAP food budget minus the EFAP food supplement.

~

Each provider will receive a meal budget per cycle based on its number of funded meals. To arrive at a provider’s meal budget, a series of calculations will be made. First, the total number of funded meals for all programs will be calculated by determining the number of meals served per program; determining the number of funded meals per program through the application of the sliding scale, as specified in paragraph (2) of this subdivision; and then adding together the number of funded meals for all programs. The sum of the funded meals for all programs will be divided into the EFAP meal budget yielding the dollar value of each funded meal.

~

Finally, the number of funded meals for a provider is multiplied by the dollar value of each funded meal providing the provider with its meal budget.

~

   (1) Food providers will continue to report the number of individuals served per month. The new formula will take into account that food pantries provide many meals per individual; while soup kitchens generally serve one meal per individual. The new formula will convert individuals served to meals served according to the following formulae:

~

~

   (2) The number of meals served per provider will be weighted so that smaller providers receive more money per meal served, while at the same time the formula provides additional money for each meal served, albeit at a declining rate. All providers will be ranked according to the number of meals served during a twelve month period. Seven meal categories with minimum and maximum number of meals served will be established. The meal categories will be set as follows. First all providers will be sorted according to the total number of meals served within the twelve month period. The smallest ten percent of the providers will set the first category (i.e., the number of meals served by the provider that falls at the tenth percentile will be the maximum number of meals in the first category). The second category will begin with one more meal than the maximum number of meals for the first category. The upper limit of this category will be set at the number of meals served by the provider that falls at the twentieth percentile. The remaining five meal catgories will be set according to similar guidelines with the maximum number of meals included in each category being set at 30%, 80%, 87%, 94% and 100% respectively. The meals served by a provider are then multiplied by the appropriate meal factor for each category in order to determine the sum total of funded meals for each program. The following chart lists the percentage of programs within each meal category and the meal factor to be using in calculating the funded meals in each category.

~

1 10% 8
2 10% 4
3 10% 2
4 50% 1
5 7% .5
6 7% .25
7 6% .125

~

Meal Category Meal Factor
0 - 2,799 meals 8
2,800 - 4,999 meals 4
5,000 - 6,699 meals 2

~

One would determine the total number of funded meals for a provider serving 6,000 meals per year as follows:

2,799 × 8 = 22,392
(4,999 - 2,800) × 4 = 8,796
(6,000 - 5,000) × 2 = 2,000
  33,188 funded meals

~

The total number of funded meals is then multiplied by the dollar value of each funded meal to determine a provider’s meal budget.

§ 4-06 [Allocation of Administrative Funds.]

Each food provider shall be eligible to receive administrative funds to be used to cover approved operating expenses. Administrative funds shall be allocated in a way that takes into account the fact that soup kitchens generally have greater operating expenses than food pantries. Administrative funds for each food provider shall be allocated by using their dollars budgeted in the EFAP administrative line. Soup kitchens shall be eligible for twice as much administrative funding as food pantries due to significantly higher non-food costs associated with congregate meal preparation.

§ 4-07 [Modifications.]

The amount of food and administrative funds allocated to each provider may be changed by the Human Resources Administration for any allocation period, regardless of the above formulae, based on various factors, including, but not limited to:

  1. failure to submit monthly service reports;
  2. submission of inaccurate monthly service reports;
  3. a change in the provider’s status from active to on-hold or closed;
  4. a request from the provider that its allocation be reduced.
  5. other factors dictating the need to reallocate funds, including, but not limited to changing demographics or changed demographic projections, or geographic im- balances.

Chapter 5: Bill of Rights and Responsibilities For Persons With Clinical/Symptomatic HIV Illness Or With AIDS

§ 5-01 Rights of Persons With Clinical/Symptomatic HIV Illness or with AIDS.

(a)  Rights of persons with clinical/symptomatic HIV illness or with AIDS. All persons with clinical/symptomatic HIV illness or persons with AIDS shall have the right to apply for benefits and services as defined in § 21-128(b) of the Administrative Code of the City of New York, and the right to apply for information, referral and assessment services from the HIV/AIDS Services Administration ("HASA"). In addition, such persons shall have the following rights:

   (1) With certain exceptions provided pursuant to applicable federal, state or local law, regulation or rule, you have the right to confidentiality. Your medical condition cannot be revealed to anyone without your permission. Information you give to HASA staff will not be released to any individual or organization without your permission except where required by law.

   (2) You have the right to receive information about and to apply for a variety of benefits and services including, but not limited to, medically appropriate transitional and permanent housing; Medicaid and other health related services; home care and home health services; personal care services; homemaker services; Food Stamps; transportation and nutrition allowances; housing subsidies, including, but not limited to, enhanced rental assistance; financial benefits; and intensive case management. You shall have the right to receive the benefits and services for which you are found eligible.

   (3) If you are homebound (i.e., with physical or mental disabilities, confirmed by medical providers or home care agencies, which prevent you, permanently or temporarily, from visiting the local HASA service center), you have the right to a home or hospital visit from a case manager. These visits may be to determine your eligibility for benefits and services, to assist you in applying for benefits and services, or to maintain eligibility for benefits and services.

   (4) You have the right to refuse any service.

   (5) You have the right to be referred to a community based organization for any service not provided by HASA.

   (6) You have the right to contact a HASA staff member whenever you need services.

   (7) You have the right to receive services from HASA staff without the payment of gratuities in any form.

   (8) You have the right to initiate complaints against HASA staff.

   (9) If you feel that you are being unlawfully discriminated against in any way, you have the right to file a complaint of discrimination with the New York State Division of Human Rights Bias Hotline at (212) 662-2427 or the New York City Commission on Human Rights AIDS Hotline at 1-800-523-AIDS.

   (10) You have the right to be treated fairly and with respect and courtesy.

  1. Additional rights and responsibilities of HASA clients. All persons who are deemed eligible pursuant to § 21-128, subsection (a)(3) of the Administrative Code of the City of New York, have, in addition to all of the rights of persons with clinical/symptomatic HIV illness or with AIDS, the following additional rights and responsibilities:
  2. HASA client rights.

   (1) You have the right to have benefits and services provided in a timely manner after your applications for specific benefits and services have been approved. Once applications for benefits and services are complete, the time frames for the delivery of benefits and services are determined by:

      (i) Federal law or regulations;

      (ii) New York State Social Services Law or regulations; or

      (iii) Local Law and the Rules of the City of New York. If none of the above apply, provision of the benefit or service will be no later than twenty (20) business days following submission of all information or documentation required to determine eligibility.

   (2) If accepted for Public Assistance or Food Stamps, you have the right to review your budget. If accepted or rejected for Public Assistance, Food Stamps, Medicaid, home care, or homemaking service, you have a right to an agency conference and to a New York State Fair Hearing with respect to actions taken to deny, reduce, discontinue, or restrict your benefits. Please consult the back of the notice which advises you of the determination of the agency with respect to your request for benefits and please follow the guidelines on the back of the notice with respect to requesting an agency conference or New York State Fair Hearing.

   (3) If you are a HASA client with one or more children in your care or custody, you have the right to receive information and program referrals on child care options, custody planning, and transitional supports, including the availability of standby guardianship, and referral to legal assistance programs.

   (4) You have the right to participate with HASA staff in the development of a service plan.

   (5) You have the right to be notified in writing of any change in your case status or in benefits or services provided to you.

   (6) You have the right to review your HASA case record and to dispute any information contained therein.

   (7) You have the right to be treated fairly and with respect and courtesy.

  1. HASA client responsibilities.

   (1) You have the responsibility to apply for all benefits for which you may qualify, including, but not limited to, Public Assistance, Medicaid, Food Stamps, Supplemental Security Income (“SSI”), and Social Security Disability (“SSD”), to provide documentation and information necessary to establish eligibility for such benefits, and to comply with application requirements.

   (2) You have the responsibility to maintain your benefits by providing information for recertification, and by reporting changes in your income, address, household composition, or any other aspect of your status that may be a factor in determining your eligibility. You have the responsibility to provide information concerning any members of your household, including, but not limited to, any Associated Case Member (ACM) in your household.

   (3) ACM Employability Assessment and Employment Plan.

      (i) The ACM will receive an appointment notice to report for an Employability Assessment to determine whether the ACM is required to engage in work or other activities.

      (ii) The ACM is responsible for appearing at the scheduled appointment and providing proof of employment income, school attendance or verification of another work activity, if applicable. The ACM is responsible for cooperating with the Employability Assessment process.

      (iii) HASA will determine whether the ACM is required to engage in work or other related activities under federal, state, or local law, regulations, or rules. If HASA determines that the ACM is required to engage in work or other related activities, HASA will provide the ACM with an Employment Plan and refer the ACM to the appropriate work activities, employment opportunities, training, or other necessary services for the ACM to achieve self sufficiency. The ACM is responsible for complying with all the work or other related activities required in the Employment Plan.

      (iv) If an ACM refuses or fails without good cause to cooperate or to comply with the Employability Assessment process or with any activities required in the Employment Plan, the household will be subject to a pro-rated reduction of the household’s cash assistance benefit(s) as provided in applicable federal, state, or local law, regulations, or rules.

   (4) If you have a Public Assistance budget that requires co-payment, you are personally responsible for paying such co-payment. For purposes of this paragraph, a co-payment means a responsibility from income or benefits other than Public Assistance for a certain portion of the cost of services (e.g., rent, utilities, Medicaid spend-down).

   (5) You have the responsibility to keep all appointments with HASA staff, including, without limitation, face-to-face recertification interviews, appointments to consider relocation to housing other than temporary housing, or to give notice of change or cancellation in those appointments.

   (6) You have the responsibility to advise HASA staff of any problems that you may have and to cooperate with HASA staff to resolve these problems.

   (7) Depending on whether or not you qualify for Temporary Housing Assistance and/or Public Assistance, Medicaid, Food Stamps and Services, you have to comply with additional responsibilities as set forth in writing on DSS/HRA form number W-897B (7/97) with respect to your application for Temporary Housing Assistance, and/or SDSS form number SDSS-2921 (Rev. 4/96) and SDSS publication number 4148A (Rev. 1/95) entitled “What You Should Know About Your Rights and Responsibilities” with respect to your application for Public Assistance, Medicaid, Food Stamps and Services.

   (8) You have the responsibility to treat HASA staff with respect and courtesy.

§ 5-02 Rent Limitation.

(a) In accordance with § 131-a(14) of the New York Social Services Law, the New York City Human Resources Administration, in calculating public assistance benefits, shall ensure that each person living with clinical/symptomatic HIV illness or AIDS who is receiving public assistance through its HIV/AIDS Services Administration will not pay more than thirty percent of his or her monthly earned and/or unearned income toward the cost of rent that such person has a direct obligation to pay.
  1. If a person living with clinical/symptomatic HIV illness or AIDS receiving public assistance through HRA’s HIV/AIDS Services Administration has or, at any time since April 1, 2014, had a direct obligation to pay rent and paid in excess of thirty percent of his or her monthly earned and/or unearned income towards his or her rent, such person shall be reimbursed in the amount of such excess.
  2. This section does not apply to persons receiving a room and board allowance pursuant to 18 NYCRR § 352.8(b)(1).
  3. This section shall not adversely impact a client’s eligibility for other HRA benefits and services.

Chapter 6: IDNYC Program

§ 6-01 Definitions.

For the purposes of this chapter:

  1. “IDNYC Card” has the same meaning as “New York City identity card,” as provided in § 3-115(a) of the Administrative Code of the City of New York.
  2. “HRA” means the New York City Human Resources Administration.
  3. “Resident” has the same meaning as provided in § 3-115(a) of the Administrative Code of the City of New York.
  4. “Caretaker” means a birth parent; adoptive parent; step parent; court-appointed guardian, custodian, or conservator; foster care parent; a sponsor of a minor appointed by the United States Department of Health and Human Services, Office of Refugee Resettlement (ORR); an employee from the New York City Administration for Children’s Services (ACS), New York State Office for People with Developmental Disabilities (OPWDD), New York State Department of Health (NYS DOH), New York State Office of Mental Health (NYS OMH), New York City Department of Health and Mental Hygiene (NYC DOHMH), a designated ACS foster care agency, or an agency or facility, including a residential care facility, that is operated, licensed, certified or funded by OPWDD, NYS DOH, NYS OMH or NYC DOHMH; a cohabitant of an applicant who has been determined by OPWDD to be a person with a developmental disability; an applicant’s Social Security representative payee; or such other categories of individuals that HRA may designate as caretakers in the future pursuant to subdivision (f) of 68 RCNY § 6-07.
  5. “Individual who lacks a stable residence” means a person who lacks permanent housing, who may live on the streets, in a vehicle or abandoned building, or reside at a location where there is a maximum stay of 30 days or less.
  6. “State” means any of the 50 states of the United States, and shall also be deemed to include the District of Columbia, and any of the territories of the United States.
  7. “Territories” means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the U.S. Virgin Islands.
  8. “Machine readable” means a document with data that can be verified by electronic means by the IDNYC Card Program application system.
  9. “Submitted” means submitted to HRA, as administering agency of the IDNYC Program, in accordance with this chapter.

§ 6-02 The IDNYC Card.

(a) The IDNYC Card will display the cardholder's photograph, name, date of birth, an expiration date, signature, eye color, height, identification number, and, except as provided in this section, a street address located within New York City. The card will also, at the cardholder's option, display the cardholder's self-designated gender, preferred language, veteran status and such additional information as HRA may in the future display. Additionally, for a cardholder under 14 years of age, the cardholder’s designated emergency contact information will appear on the card. For a cardholder 14 years of age or older, the cardholder’s designated emergency contact information may appear on the card at the cardholder’s option.
  1. The IDNYC Card will not display a home address in the following circumstances:

   (1) Where the applicant is 10 - 13 years old, the applicant’s caretaker may choose to omit the address from the card.

   (2) Where an applicant is an individual who lacks a stable residence or is a survivor of domestic violence and provides evidence of residency pursuant to 68 RCNY § 6-06(c)(2), the IDNYC Card will display either no address at all or a “care of” address, as described in that section.

   (3) Where an applicant resides in a residential care program that is operated or overseen by HRA’s Emergency Intervention Services for the purpose of providing shelter, services and care to survivors of domestic violence and presents a Letter from a Residential Care Program as described in the table set forth in 68 RCNY § 6-06(c)(2), the IDNYC Card will display either a P.O. Box associated with the applicable program or no address at all, depending on the applicant’s preference.

   (4) Where an applicant provides evidence that they participate in the New York State Address Confidentiality Program (ACP) established by New York Executive Law § 108 for victims of domestic violence, the IDNYC Card will display either a P.O. Box associated with the applicable program or no address at all, depending on the applicant’s preference. An applicant who participates in the ACP must still establish residency under this chapter.

   (5) Where an applicant is a college or university student who resides in housing affiliated with the school and receives mail at a central school-based location different from where the applicant resides, the IDNYC card will display the address where the applicant receives mail and the name of their school provided the applicant submits a Letter from a College or University Administrator as described in the table set forth in 68 RCNY § 6-06(c)(1).

§ 6-03 Eligibility and Application Process.

(a) The IDNYC Card will be available to any resident of New York City ten years of age or older who:

   (1) submits an application in a format and in a manner established by the Commissioner; and

   (2) establishes identity and residency:

      (A) by providing a single 4-point document from the chart set forth in 68 RCNY § 6-04(a);

      (B) by providing identity documents totaling at least 3 points pursuant to 68 RCNY § 6-05 and at least one additional residency document pursuant to 68 RCNY § 6-06;

      (C) pursuant to subdivisions (b), (c), (d), (e) or (f) of 68 RCNY § 6-04; or

      (D) pursuant to the caretaker provisions set forth in 68 RCNY § 6-07.

  1. No expired documentation will be accepted, except as provided in this chapter or where HRA makes provisions for the acceptance of expired documentation when allowing additional documents pursuant to 68 RCNY §§ 6-05(b), 6-06(b) and 6-07(f).
  2. Only original documents or copies of documents that have been certified by the original issuing agency will be accepted. Data or electronic versions of documents received from the issuing agency may be deemed to constitute an original document if HRA determines in its discretion that the data have sufficient indicia of reliability. Documents with any alterations or erasures, or that are cancelled or invalidated, will not be accepted. IDNYC reserves the right to not accept any document, or type of document, whose validity it is not able to verify and, where relying on data or electronic versions of documents, to request additional information from the applicant.
  3. Except as provided in 68 RCNY § 6-06(a), all documents used to establish identity and residency must include the name of the individual whose identity and residency is being established. If any of the documents used to establish identity and residency bear a name that is not consistent with the one on the IDNYC application, the applicant must also present either a court order, a certificate of marriage or divorce, or another government-issued document that establishes a lawful name change.
  4. Applicants must present documents in person at an enrollment site designated by HRA in accordance with § 3-115(b)(2) of the Administrative Code of the City of New York. IDNYC provides free on-site document translation services to applicants who provide original documents that are not in English. Original documents will be returned immediately to the applicant before they leave the enrollment center. IDNYC will not make copies of or digitally scan any documents used by applicants to establish identity or residency.
  5. Wherever a photo identification is required, the photo must bear a reasonable likeness to the person whose identity is being established. The person’s gender identity or gender expression will not be the basis for rejection of a photo.
  6. Applicants ages ten to thirteen years of age must be accompanied at enrollment by a caretaker who must sign the application on behalf of the applicant.

§ 6-04 Proof of Identity and Residency.

(a) An applicant may provide a single document that is worth the four points needed to establish both identity and residency. The documents listed below meet this four point requirement, provided that they include a photo of the applicant, the date of birth of the applicant, and the applicant's current residential address in New York City.

The following documents are worth four points and establish identity and residency:

Document Description Acceptable as Photo ID? Point Value for Proof of ID & Residency Acceptable as Proof of Date of Birth?
New York State (NYS) Department of Motor Vehicles (DMV) Driver’s License or Learner’s Permit New York State Driver’s License, including Commercial Driver’s License, or Learner’s Permit with current home address, date of birth, photo and expiration date issued by NYS DMV. An expired NYS DMV license or permit will be accepted if presented with an unexpired DMV interim permit bearing the same identification number as the license or permit. Yes 4 Yes
Non-Driver NYS DMV Identification Card Non-driver photo identification card with current home address, date of birth, and expiration date issued by NYS DMV. An expired NYS DMV identification card will be accepted if presented with an unexpired DMV interim ID card bearing the same identification number as the identification card. Yes 4 Yes
U.S. Department of State Driver’s License or Non-Driver Identification Card U.S. Department of State Driver’s License or Non-Driver Identification Card with current home address, date of birth, photo and expiration date. Yes 4 Yes
IDNYC Card with Current Home Address A current IDNYC Card or an expired IDNYC Card with a current home address. If the card is expired, then the expiration date must be no more than 60 days prior to the date submitted. Yes 4 Yes
New York City Police Department (NYPD) Restricted Handgun License NYPD-issued Restricted Handgun License including current home address, photo of applicant and expiration date. Yes 4 Yes

~

  1. For applicants who are clients of the New York City Department of Probation (DOP), IDNYC will accept the DOP’s verification of the applicant’s identity and residency, provided to IDNYC in a format and in a manner to be agreed upon by HRA and DOP, as sufficient proof of the applicant’s identity and residency to establish eligibility for the IDNYC Card.
  2. For applicants who are students at New York City Department of Education (DOE) schools and are not applying with a caretaker pursuant to 68 RCNY § 6-07, IDNYC will accept the DOE’s verification of the applicant’s identity and residency, provided to IDNYC in a format and in a manner to be agreed upon by HRA and DOE (“DOE verification”), and additional identity documents pursuant to 68 RCNY § 6-05, other than a DOE transcript, as sufficient proof of the applicant’s identity and residency to establish eligibility for the IDNYC card, as follows:

   (1) If the DOE verification is provided to IDNYC at a temporary enrollment site located at the school in which the applicant is enrolled, IDNYC will accept any identity document listed in 68 RCNY § 6-05. Such document need not include a photo identification.

   (2) If the DOE verification is provided to IDNYC at any other enrollment site, the applicant must also present:

      (A) a student identification card issued by the same school issuing the DOE verification; and

      (B) either:

         (i) at least one additional identity document listed in 68 RCNY § 6-05, if the student identification card includes a photo; or

         (ii) identity documents listed in 68 RCNY § 6-05 worth at least a total of two points, one of which must be accepted as a photo identification, if the student identification card does not include a photo.

  1. For applicants who are students at New York City Department of Education (DOE) schools and are applying with a caretaker pursuant to 68 RCNY § 6-07, IDNYC will accept the DOE’s verification of the applicant’s identity and residency, provided to IDNYC in a format and in a manner to be agreed upon by HRA and DOE (“DOE verification”), as sufficient proof of the applicant’s identity and residency to establish eligibility for the IDNYC card.
  2. For applicants who participate in the Summer Youth Employment Program (SYEP) of the New York City Department of Youth and Community Development (DYCD), IDNYC will accept DYCD’s verification of the applicant’s identity and residency, provided to IDNYC, in a format and in a manner to be agreed upon by HRA and DYCD, as sufficient proof of the applicant’s identity and residency to establish eligibility for the IDNYC card if presented along with a photo identification pursuant to 68 RCNY § 6-05.
  3. For applicants who are clients of the New York City Department of Social Services (DSS), IDNYC may, at the applicant’s request, verify the applicant’s identity and/or residency using information from systems maintained by DSS, provided such data can be accessed for purposes of such verification and, once accessed, is deemed sufficiently reliable. Such information will be worth three points toward establishing the identity of the applicant if an original photo and related demographic data, including full name and date of birth, are available in DSS’s systems; or one point toward establishing identity if only the name and date of birth, but no photo, are available in DSS’s system; and one point towards establishing residency if the applicant’s address is also in DSS’s system.

§ 6-05 Proof of Identity.

(a) Except as otherwise provided in this chapter, in order to establish identity, an applicant will be required to meet the following criteria:

   (1) An applicant must provide documents from the charts set forth in 68 RCNY § 6-05(c) below that in aggregate total at least three points;

   (2) An applicant must provide photo identification; and

   (3) One of the documents submitted must contain the applicant’s date of birth.

  1. HRA may determine in the future that additional documents, including data or electronic versions of documents received from the issuing agency, may be accepted and will be afforded the value of one point toward establishing the identity of the applicant. In the event that HRA exercises its authority pursuant to this subdivision, HRA will publicize its acceptance of new documents or data, including, but not limited to, publication on the IDNYC website.
    1. The following documents establish the identity of the applicant (3 points):

~

U.S. Passport or U.S. Passport Card U.S. passport or passport card. Yes 3 Yes
Foreign Passport (Machine Readable) A machine readable Foreign Passport. Yes 3 Yes
U.S. State Driver’s License or Learner’s Permit Photo ID Photo identification card issued by U.S. state (other than New York State Driver’s License with current New York City address) or territory granting driving privileges, with address, date of birth, and expiration date. Yes 3 Yes
U.S. State Identification Card Photo identification card issued by U.S. state (other than New York State Identification Card with current New York City address) or territory with address, date of birth, and expiration date. Yes 3 Yes
U.S. Permanent Resident Card Alien registration card (I-551), also known as a permanent resident or green card. Must include expiration date. Unexpired I-551 stamps in passport also accepted for permanent residents awaiting issuance of their green cards. Yes 3 Yes
NYS Benefit Card with Photo Welfare/Medicaid/NY Food Stamp Card, also known as an Electronic Benefit Transfer (EBT) Card or Common Identification Benefit Card (CBIC), with Photo and date of birth. Yes 3 Yes
Common Access Card Department of Defense (DOD)-issued photo identification card with date of birth, date of issuance, expiration date, blood type, and DOD identification number, issued to active duty, retiree or reservist military personnel only. Yes 3 Yes
Current U.S. Work Permit Employment Authorization Document (EAD) or work permit issued by U.S. Citizenship and Immigration Services (USCIS) that proves that the holder is authorized to work in the U.S. with date of birth and expiration date. Yes 3 Yes
Certificate of Citizenship/ Naturalization U.S. Certificate of Citizenship (N-560 or N-561); Certificate of Naturalization (N-550, N-570 or N-568). Yes 3 Yes
U.S. Merchant Mariner Credential Photo identification card issued by U.S. Coast Guard National Maritime Center, with address, date of birth, and issue and expiration dates. Yes 3 Yes
U.S. Department of State Driver’s License or Non-Driver Identification Card without Current Home Address U.S. Department of State Driver’s License or Non-Driver Identification Card with date of birth, photo and expiration date, but without current home address. Yes 3 Yes
NYS Department of Corrections and Community Supervision (DOCCS) Released Offender Identification Card Photo identification card issued by DOCCS, with identification number, date of birth and cardholder release date no more than one year prior to the date submitted. Acceptable even if the card has expired. Yes 3 Yes
NYS Unified Court System Attorney Secure Pass ID Card Photo identification card issued by the NYS Unified Court System to attorneys. Includes color photo, date of birth, attorney registration number, and expiration date. Yes 3 Yes
U.S. Tribal ID A U.S. Tribal photo ID with photo, address, signature, date of birth, and expiration date. Yes 3 Yes
IDNYC Card without Current Home Address A current or expired IDNYC Card without a current home address. If the card is expired, the expiration date must be no more than 60 days prior to the date submitted. Yes 3 Yes

~

   (2) The following documents are worth two points toward establishing the identity of the applicant:

~

Foreign Passport (Not Machine Readable) Foreign Passport that is not machine readable. Yes 2 Yes
Expired U.S. Passport or Passport Card U.S. Passport or Passport Card that has expired no more than three years prior to the date submitted. Yes 2 Yes
Expired Foreign Passport Foreign passport that is machine readable and has expired no more than three years prior to the date submitted Yes 2 Yes
Consular Identification Card Photo identification card with address, date of birth, and expiration date, issued by foreign governments recognized by the U.S. to their citizens, who are outside the issuing country. Yes 2 Yes
Veterans Identification Card issued by U.S. Department of Veterans Affairs (VA) Must include photo and member ID number. Yes 2 No
Veterans Health Identification Card issued by VA Must include photo and member ID number. Yes 2 No
U.S. Federal, State, or Local Government Employee ID Federal, state or local government employee photo ID card. Yes 2 No
U.S. Birth Certificate Certificate of birth issued by a State or Territory, or a locality of a State or Territory, or by the U.S. State Department, including Consular Report of Birth Abroad. A birth certificate issued in Puerto Rico prior to July 1, 2010 will not be accepted. All birth certificates issued prior to that date have been invalidated by Puerto Rican law. No 2 Yes
Visa Issued by U.S. State Department U.S. State Department-issued immigrant or non-immigrant visa with photo identification. Yes 2 Yes
Foreign Driver’s License (Machine Readable) Machine readable photo identification card granting driving privileges with address, date of birth, and expiration date. Yes 2 Yes
Foreign National Identification Card (Machine Readable) Machine readable national identification card with photo and date of birth or age. Must be accepted for purposes of re-entry to issuing country. Includes machine readable voter registration cards that serve as national identification cards. Yes 2 Yes, if date of birth included.
Social Security Card The following types of Social Security Cards (unrestricted and restricted) issued by the U.S. Social Security Administration will be accepted: (i) a card that enables the holder to work without restriction; (ii) a card that permits an individual with authorization from the Department of Homeland Security to work on a temporary basis; and (iii) a card marked”not valid for employment.” No 2 No
U.S. Individual Taxpayer Identification Number Assignment Letter Letter from U.S. Internal Revenue Service (IRS) assigning ITIN number to applicant with date of birth. (IRS Notice CP565) No 2 No
U.S. Uniformed Services ID Photo identification card with date of birth and expiration date issued to military retiree or military family member to access military service benefits or privileges. Yes 2 Yes
NYS Education Department Professional Identification Card Photo identification card issued by the NYS Education Department, Office of the Professions, with profession, license number and expiration date. Yes 2 No
I-94 Form with Photo and Fingerprint Issued by U.S. Department of Homeland Security I-94 Arrival/Departure Record issued by the U.S. Department of Homeland Security with date of birth, photo, and fingerprint. Yes 2 Yes
NYS Interim Driver’s License, Learner’s Permit, or Non-Driver’s Identification Card Interim driver’s license, learner’s permit, or non-driver’s identification card, issued by NYS Department of Motor Vehicles. No 2 Yes
Approval Notice on Form I-797, I-797A, I-797B or I-797D Issued by U.S. Citizenship and Immigration Services (USCIS) Notice from USCIS approving applicant for an immigration benefit that either is currently valid or does not have an expiration date. No 2 No

~

   (3) The following documents are worth one point toward establishing the identity of the applicant:

~

Educational Institution ID Card: middle, secondary, post-secondary schools, colleges and universities Photo ID issued by an accredited U.S. educational institution, including New York City Department of Education and CUNY schools. Yes 1 Yes, if date of birth included.
Foreign Driver’s License (Not Machine Readable) Photo identification card granting driving privileges with address, date of birth, and expiration date, that is not machine readable. Yes 1 Yes
Foreign National Identification Card(Not Machine Readable) National identification card with photo and date of birth or age, that is not machine readable. Must be accepted for purposes of reentry to issuing country. Includes voter registration cards which are used as national IDs. Yes 1 Yes, if date of birth included.
Foreign Military Photo Identification Card Photo identification card issued to active duty, retiree or reservist military personnel by foreign country. Yes 1 Yes, if date of birth included.
Foreign Birth Certificate Certificate of birth issued by current or former sovereign nation. No 1 Yes
U.S. Birth Certificate of Applicant’s Child Birth certificate of applicant’s child, issued by a State or Territory, or a locality of a State or Territory, or by the U.S. State Department, including Consular Report of Birth Abroad listing applicant as birth parent. A birth certificate issued in Puerto Rico prior to July 1, 2010 will not be accepted. All birth certificates issued prior to that date have been invalidated by Puerto Rico law. No 1 Yes
NYS Benefit Identification Card without Photo Welfare/Medicaid/NY Food Stamp Card, also known as an Electronic Benefit Transfer (EBT) Card or Common Identification Benefit Card (CBIC), without Photo and with date of birth. No 1 Yes
NYC Summer Youth Employment Program Identification Card Photo identification card issued by a community based organization that administers the NYC Summer Youth Employment Program. Yes 1 No
U.S. School Transcript From High School or Post-Secondary School, College, or University Official copy of academic transcript, including terms and dates attended or attending, cumulative academic record, and, if applicable, degrees awarded. No 1 No
Diploma from a U.S. High School, High School Equivalency Program, or U.S. Post-Secondary School, College, or University U.S. High School Diploma, High School Equivalency Diploma granted based on General Educational Development (GED) and Test Assessing Secondary Completion (TASC) exams, or U.S. postsecondary school, college, or university diploma. No 1 No
Employee, Consultant or Board Member Identification Card from Organization Located in U.S. Photo identification card with organization name and address identifying applicant as employee, consultant, board member or as having another similar position. Includes clergy identification cards issued by a religious organization. Yes 1 No
U.S. Union Photo ID Card identifying holder as a member of a union that represents employees working in the United States. Yes 1 No
Certificate of marriage, domestic partnership, civil union, divorce or dissolution of marriage, domestic partnership or civil union Certificate of marriage, domestic partnership, civil union, divorce or dissolution of marriage, domestic partnership or civil union No 1 Yes
Reduced Fare MetroCard for Seniors and People with Disabilities Must include photo identification and be issued by Metropolitan Transportation Authority. Yes 1 No
Access-A-Ride ID Card Photo identification card issued by Metropolitan Transportation Authority. Yes 1 No
NYC Department of Parks and Recreation issued Recreation Center Membership Card Photo identification card issued by the NYC Department of Parks and Recreation for Recreation Center Membership when the applicant was at least 18 years old. Yes 1 No
U.S. Voter Registration Card Voter registration card issued by any State or Territory. Yes, if photo included. 1 No
Selective Service Registration Card A card issued by the U.S. Selective Service System to men ages 18 - 25, who have registered with the Selective Service. No 1 Yes
Medicare Card Medicare identification card with name, Medicare claim number, and signature. No 1 No
U.S. Individual Taxpayer Identification Number (ITIN) Card ITIN card from U.S. Internal Revenue Service (IRS), with cardholder’s ITIN number, name, and signature. No 1 No
NYS Office of Mental Health (NYS OMH) Facility Photo ID Card Identification card issued by NYS-OMH operated psychiatric facility, with name and photo. Yes 1 No

~

§ 6-06 Proof of Residency.

(a) Except as provided in paragraph (2) of subdivision (c) of this section or in 68 RCNY §§ 6-04 or 6-07, in order to establish residency, an applicant will be required to produce a document from section 68 RCNY § 6-06(c)(1) or a document authorized by subdivision (b) of this section displaying the applicant's residential street address located in New York City. The document must display the applicant's name, except where the document displays the name of the applicant's spouse or domestic partner and the applicant presents: (i) a certificate of marriage, civil union or domestic partnership or birth certificate that demonstrates the relationship to the spouse or domestic partner; and (ii) an attestation signed by the spouse or domestic partner, on a form and in a format established by the Commissioner, that the applicant resides with the spouse.
  1. HRA may determine in the future that additional documents, including data and electronic versions of documents received from the issuing agency, may be accepted and will be afforded the value of one point toward establishing the residency of the applicant. In the event that HRA exercises its authority pursuant to this subdivision, HRA will publicize its acceptance of the new documents or data, including on the IDNYC website.
    1. The following documents are worth one point and establish residency. The address on the document will be shown on the card, except as provided in 68 RCNY § 6-02(b):

~

Cable, Phone, or Utility Bill or Statement Must be dated no more than 60 days prior to the date submitted and include home address of applicant. Includes account summary sheets and account statements. 1 Yes
Residential Property Lease or Sublease Must be a current lease. All leases must include name of applicant, address of the unit rented, term of the lease, amount of rent, terms regarding utilities, and contact information for the lessor. If the phone number of the lessor does not appear on the lease, then the applicant must provide the phone number separately. 1 Yes
Local Property Tax Statement Property tax statement including home address, dated no more than one year prior to the date submitted. 1 Yes
Property Mortgage Payment Receipt Mortgage payment receipt including home address, dated no more than 60 days prior to the date submitted. 1 Yes
Banking, Financial or Credit Card Account Bill, Statement or Notice Bill, statement or notice from credit card company, bank or other financial institution. Must be dated no more than 60 days prior to the date submitted and include home address and account number. Includes bank account statements, credit card statements, credit union account statements, account summary sheets, loan statements, and notices from banks and credit unions confirming the opening of an account. Other types of banking, financial, or credit card documents will be accepted only as provided under 68 RCNY § 6-06(b). 1 Yes
Employment Pay Stub Must include employer’s name, applicant’s home address and be dated no more than 60 days prior to date submitted. 1 Yes
Statement, bill, or record from health institution Statement, bill, or record from any hospital or clinic operated by the NYC Health and Hospitals Corporation, or a Federally Qualified Health Center, or a public or private hospital located in New York City. Must include account or patient identification number and home address of applicant and be dated no more than one year prior to date submitted. 1 Yes
Jury Summons or Court Order Issued by New York State Court (including NYC Courts such as Housing Court, Family Court and Surrogate’s Court) or Federal Court Must be dated no more than 60 days prior to the date submitted and include home address. 1 Yes
IRS Forms W-2, 1099-MISC, 1095-A, 1095-B and 1095-C Must include employer’s name, applicant’s home address. Accepted through April 15 of the year following the tax year on the form. 1 Yes
Letter or Document Issued by the U.S. Internal Revenue Service (IRS), or the NYS Department of Taxation and Finance (DTF) Letter or document issued by IRS or DTF, addressed to applicant, regarding applicant’s personal tax status. Examples include tax return transcript, statement of tax or refund due, or refund check. Must be dated no more than one year prior to the date submitted. 1 Yes
Tax Return with Proof of Filing U.S. federal, state, or local tax return submitted with proof of filing such as IRS Tax Return Transcript, NYS Department of Taxation and Finance account summary, NYC Department of Finance proof of property tax payment history, or other satisfactory proof of filing. Filing date must be no more than one year prior to the date submitted. 1 Yes
Insurance Bill, Statement or Record (homeowner’s, life, renter’s, automobile, or health insurance) Insurance bill, statement or record including home address and dated no more than 60 days prior to the date submitted. 1 Yes
Letter from Homeless Shelter that receives City Funding Signed letter from executive-level official at homeless shelter receiving City funding stating that applicant has been a current resident for at least 15 days and that the shelter allows residents to remain in residence for longer than 30 days. Must be dated no more than 60 days prior to the date submitted. 1 Yes
Letter from Residential Care Facility operated, certified, or funded by NYS Office for People with Developmental Disabilities (OPWDD), NYS Department of Health (NYS DOH), New York State Office of Mental Health (OMH), or NYC Department of Health and Mental Hygiene (NYC DOHMH) Signed letter from an executive-level official at a residential care facility located in New York City and operated, licensed, certified, or funded by OPWDD, NYS DOH, NYS OMH or NYC DOHMH, establishing the applicant’s residence at the facility. Must be dated no more than 60 days prior to the date submitted. Acceptable only when applicant is accompanied by a caretaker who is an employee of the facility issuing the letter. 1 Yes
Letter from New York City Housing Authority (NYCHA) Signed letter from manager of NYCHA residential development, indicating that applicant is listed on the current lease or is otherwise authorized by NYCHA to reside in the apartment, dated no more than 60 days prior to the date submitted. 1 Yes
NYCHA Lease Addendum and Rent Notice NYCHA document listing applicant as lessee and/or authorized tenant of NYCHA residential unit. Must be dated no more than one year prior to the date submitted. 1 Yes
Letter from Head Start, Early Learn, Preschool, Elementary, Intermediate or High School located in New York City or any NYC Department of Education (DOE) School Where Applicant’s Child is Enrolled Signed letter from principal or executive official or the principal or executive official’s designee at a public, private, or parochial Head Start, Early Learn, preschool, elementary, intermediate or high school located in New York City or any DOE school where applicant’s child is a currently enrolled student. Letter must confirm student’s home address and be dated no more than 60 days prior to the date submitted.Applicant must also provide proof of relationship to the student named in the letter, using one of the documents listed in 68 RCNY § 6-07(b). 1 Yes
Letter from Private or Parochial Intermediate or High School located in New York City Where Applicant is Enrolled Signed letter from principal or executive official or the principal or executive official’s designee at a private or parochial intermediate or high school located in New York City where applicant is a currently enrolled student. Letter must confirm home address and be dated no more than 60 days prior to the date submitted. Schools may require parental consent to issue such a letter for a student younger than age 18.Applicant must present a student identification card from the school issuing the letter.(Applicant students wishing to have the DOE assist them with establishing residency may do so via 68 RCNY § 6-03(a)(2)(C).) 1 Yes
Letter from NYC Administration for Children’s Services (ACS) Foster Care Agency Signed letter from executive level official at ACS or ACS designated NYC foster care agency establishing residency of foster youth applicant, dated no more than 60 days prior to the date submitted. Acceptable only when applicant is accompanied by a caretaker who is an employee of the facility issuing the letter. 1 Yes
United States Postal Service (USPS) Change of Address Confirmation Must be addressed to applicant at the same address that appears on the IDNYC application. Must be dated no more than 60 days prior to the date submitted. 1 Yes
NYC Housing Preservation and Development (HPD) Section 8 Rent Breakdown Form Must be dated within no more than one year prior to the date submitted and include home address. 1 Yes
Case Composition Summary Report Generated from the New York State Welfare Management System Case composition summary report generated from the New York State Welfare Management System with current home address. Must be dated no more than 60 days prior to the date submitted. 1 Yes
New York State Office of Mental Health (OMH) Facility Inpatient Photo ID Card Inpatient identification card issued by NYS OMH-operated psychiatric facility, with name, photo and facility address. 1 Yes
“Verification of Release”form issued by the U.S. Department of Health and Human Services, Office of Refugee Resettlement, Division of Children’s Services “Verification of Release”document from U.S. Department of Health and Human Services, Office of Refugee Resettlement (ORR), including photo, date of birth, and name and address of applicant’s sponsor. Includes Form ORR UAC/R-1, Form ORR R-535, and any form used by ORR for verifying release. Must be dated no more than one year prior to date submitted. 1 Yes
U.S. Immigration and Customs Enforcement (ICE) Order of Supervision Order of Supervision issued by U.S. Immigration and Customs Enforcement (ICE), dated no more than one year prior to the date submitted and including current home address. May be issued by U.S. ICE as Form I-220B. 1 Yes
New York State Interim Driver’s License, Learner’s Permit, or Non-Driver’s Identification Card Interim driver’s license, learner’s permit, or nondriver’s identification card, issued by NYS Department of Motor Vehicles, with current home address. 1 Yes
Notice of Decision or Determination of Developmental Disability issued by NYS Office for People with Developmental Disabilities (OPWDD) Notice of decision or determination issued by OPWDD establishing that applicant qualifies for care. Must include applicant’s home address and be dated no more than one year prior to the date submitted. 1 Yes
Residency Confirmation Letter for United Nations (UN) Diplomats and Their Families Residency Confirmation Letter for UN Diplomats and Families Issued by the U.S. Department of State, UN, or a Country’s Permanent Mission to the UN. Must include applicant’s home address and be dated no more than 60 days prior to the date submitted. 1 Yes
College/University Housing Agreement Current agreement issued by an institution of higher education located in New York City, in letter, lease, or other format. Must indicate that applicant is permitted to reside in housing affiliated with the institution; and must include applicant’s name, the street address of the residence, and the dates during which the student may reside there.The document must be presented with a student photo ID from the institution issuing the agreement. 1 Yes
Letter from College or University Administrator Signed letter from a school administrator indicating that the applicant: (i) is enrolled as a student at the school; (ii) resides in housing in New York City that is affiliated with the school; (iii) receives mail at a central school-based location different from where the applicant resides; and (iv) the school mail box and/or street address where applicant’s mail is delivered.This document must be presented with a student photo ID from the institution issuing the letter.The IDNYC card will display the name of the school and the address where the applicant receives mail. 1 Yes

~

   (2) The following documents are worth one point and establish residency for an individual who lacks a stable residence or is a survivor of domestic violence, as applicable. When applicants submit one of these documents for proof of residency, no home address will appear on the card except as provided in this paragraph and in subdivisions (c) and (d) of 68 RCNY § 6-02:

Document Description Point Value for Proof of Residency Acceptable as Proof of Address?
Letter Issued by New York City Agency, Nonprofit Organization or Religious Institution Located within New York City Serving Homeless Individuals Signed letter from executive-level official from a City agency, nonprofit organization or religious institution that provides services to homeless individuals. The letter must indicate applicant has resided in New York City for at least 15 days and lacks a stable residence; letter must be dated no more than 30 days prior to the date submitted.No address will appear on the card. 1 No
Letter Issued by New York City Agency, Nonprofit Organization, or Religious Institution that Provides Services to Survivors of Domestic Violence Signed letter from executive-level official from a New York City agency, nonprofit organization, or religious institution that provides services to survivors of domestic violence. The letter must indicate that applicant has resided in New York City for at least 15 days and has security concerns about an address appearing on the IDNYC Card; letter must be dated no more than 30 days prior to the date submitted.No address will appear on the card. 1 No
Letter Issued by a Hospital or Health Clinic Located in New York City Signed letter from executive-level official at hospital or health clinic indicating that applicant has resided at the facility for at least 15 days over the previous 60 day period; letter must be dated no more than 30 days prior to the date submitted.No address will appear on the card. 1 No
Letter Issued by Nonprofit Organization or Religious Institution Located within New York City Serving Homeless Individuals or Survivors of Domestic Violence indicating”Care Of”Address Signed letter from executive-level official from a nonprofit organization or religious institution that provides services to homeless individuals or survivors of domestic violence. The organization must currently receive City funding. To establish use of the nonprofit organization’s or religious institution’s address for mailing purposes, the letter must indicate that: (1) the applicant has received services from the entity for the past 60 days, (2) the applicant may use the entity’s address for mailing purposes, and (3) the applicant lacks a stable address or has security concerns about an address appearing on the IDNYC Card. The letter must be dated no more than 14 days prior to the date submitted. The card issued will indicate the address is”Care of”the organization that has written the letter. 1 Yes
Letter from a Residential Care Program Funded, Administered, and/or Overseen by the NYC HRA-Emergency & Intervention Services - Office of Domestic Violence Signed letter from an executive-level official at a residential care program located within New York City which is funded, administered, and/or overseen by the NYC HRA-Emergency & Intervention Services - Office of Domestic Violence. The letter must indicate that the applicant has resided in New York City for at least 15 days; has security concerns about a home address appearing on his/her IDNYC card: and that s/he is permitted to receive mail at a Post Office Box affiliated with the program. The letter must be dated no more than 30 days prior to the date submitted.The card issues will display the P.O. Box or no address at all. 1 Yes

~

  1. IDNYC will also accept the following as proof of residency and address worth one point:

   (1) Verification from the New York City Housing Authority (NYCHA), provided in a format and in a manner to be agreed upon by HRA and NYCHA: (1) that the applicant resides in NYCHA housing; and (2) of the applicant’s address;

   (2) Verification from the New York City Department of Finance (DOF), in a format and in a manner to be agreed upon by HRA and DOF: (1) that the applicant is enrolled in the Senior Citizen Rent Increase Exemption programs (SCRIE programs), and (2) of the applicant’s address.

§ 6-07 Applicants with Caretakers.

An applicant is not required to provide photo identification if accompanied by a caretaker who can demonstrate proof of a relationship to the applicant pursuant to this section. For HRA to issue an IDNYC Card to such an applicant without photo identification, each of the following criteria must be met:

  1. The applicant must provide documents worth a total of at least two points from the proof of identity lists set forth in 68 RCNY § 6-05(c);
  2. If the applicant is 21 years of age or younger, the applicant and caretaker must demonstrate proof of relationship by providing at least one document from the charts set forth in paragraph (1) or (2) of this subdivision or a document authorized pursuant to subdivision (f) of this section. If the applicant is 22 years of age or older, the applicant and caretaker must demonstrate proof of relationship by providing at least one of the documents from the chart set forth in paragraph (2) of this subdivision.

   (1) The following documents, in addition to those set forth in paragraph (2) of this subdivision, will demonstrate proof of relationship between an applicant age 21 or younger and his or her caretaker:

Document Description Acceptable as Proof of Date of Birth of Applicant?
Where Caretaker is Parent: Applicant’s Birth Certificate Applicant’s birth certificate displaying caretaker’s name as parent. A birth certificate issued in Puerto Rico prior to July 1, 2010 will not be accepted. All birth certificates issued prior to that date have been invalidated by Puerto Rico law. Yes
Where Caretaker is Parent: Adoption Decree, Certificate of Adoption or NYS Department of Health (NYS DOH) Report of Adoption Applicant’s adoption decree, certificate of adoption or NYS DOH Report of Adoption, displaying caretaker’s name as parent. Yes
Where Caretaker is Parent: Acknowledgment of Paternity Form issued by NYC Department of Health and Mental Hygiene (DOHMH), and NYS Office of Temporary and Disability Assistance (OTDA) Form LDSS-4418 displaying caretaker’s name as parent of the applicant. Yes
Where Caretaker is Parent: Court Order of Paternity/Filiation Court order establishing caretaker as applicant’s legal parent. Yes
Where Caretaker is Court-Appointed Guardian: Court Decree Court decree displaying caretaker’s name as legal guardian. Yes
Where Caretaker is Foster Parent: (1) Signed letter from ACS Foster Care Agency; AND (2) Foster Parent License Certification Two documents (both are required):(1) Signed letter from ACS Foster Care Agency on agency letterhead naming the Caretaker as the Applicant’s foster parent (must be dated 60 days from the date submitted); and(2) The Caretaker’s Foster Parent License Certification Yes
Where Caretaker is Employee of ACS or of ACS Foster Care Agency: Letter from ACS or ACS Foster Care Agency Signed letter from executive-level official at ACS or ACS designated NYC foster care agency establishing relationship of youth applicant to agency. Must be dated no more than 60 days prior to the date submitted. If the caretaker is an employee of ACS or an ACS designated foster care agency, then the letter: (1) must also authorize the employee to represent the agency and accompany the applicant at the IDNYC enrollment site and (2) will be accepted only if the caretaker also presents employee ID issued by ACS or the designated agency. Yes
Where Caretaker is Adult Sponsor of Minor Appointed by U.S. Department of Health and Human Services, Office of Refugee Resettlement: U.S. Department of Health and Human Services”Verification of Release”form “Verification of Release”document from U.S. Department of Health and Human Services, Office of Refugee Resettlement, Division of Children’s Services including photo, date of birth, and name and address of child’s adult sponsor. Includes Form ORR UAC/R-1, Form ORR R-535, and any form used by ORR to verify release. Yes
Where Caretaker is Stepparent: (1) Applicant’s Birth Certificate AND (2) Stepparent’s Marriage Certificate Two documents (both are required)Applicant’s birth certificate, in addition to the caretaker’s certificate of marriage, civil union or domestic partnership showing that the caretaker is married to, or the domestic partner of, a parent named on applicant’s birth certificate. A birth certificate issued in Puerto Rico prior to July 1, 2010 will not be accepted. All birth certificates issued prior to that date have been invalidated by Puerto Rico law. Yes

~

   (2) The following documents will establish proof of relationship between an applicant of any age and his or her caretaker:

Document Description Acceptable as Proof of Date of Birth of Applicant?
Where Caretaker is Applicant’s Court-Appointed Guardian, Custodian or Conservator: Court Order Court order from a court located in the United States appointing the Caretaker as applicant’s legal guardian, custodian or conservator. Yes
Where Caretaker is Cohabitant of Developmentally Disabled Applicant: (1) Notice of Decision or Determination (NOD) of Developmental Disability issued by the New York State Office for People with Developmental Disabilities (OPWDD) AND (2) Proof of Residency for Caretaker and Applicant
  1. Notice of Decision or Determination of Developmental Disability issued by OPWDD establishing that applicant qualifies for care, and (2) Either a residency document from 68 RCNY § 6-06 showing that the caretaker resides at the address on the NOD, or if applicant no longer resides at the address on the NOD, residency documents from 68 RCNY § 6-06 showing that applicant and caretaker currently reside at same address.This provision does not apply to an applicant living in a residential care facility.
Yes (Notice of Decision may be used to establish date of birth)
Where Caretaker is Residential Care Facility Employee: Signed Letter Signed letter from an executive-level official at a residential care facility located in New York City and operated, licensed, certified, or funded by OPWDD, NYS DOH, NYS OMH, or NYC DOHMH, establishing the applicant’s residence at the facility. Must be dated no more than 60 days prior to the date submitted and must authorize the employee to represent the agency and accompany the applicant at the IDNYC enrollment site. Accepted only if caretaker also presents employee ID issued by the facility. Yes
Where an individual Caretaker is applicant’s Social Security Representative Payee: Letter from Social Security Administration (SSA) establishing Representative Payee status Letter from SSA establishing that the Caretaker is the applicant’s Social Security representative payee. The letter must be dated no more than one year prior to the date submitted. Yes
Where Caretaker is an employee of an organization that is applicant’s Social Security Representative Payee (RP): (1) Letter from Social Security Administration (SSA) establishing RP status; AND (2) Letter from executive-level official from the RP organization Two letters (both are required):(1) Letter from SSA establishing that the organization is the applicant’s Social Security Representative Payee, dated no more than one year prior to the date submitted; and(2) An additional letter signed by an executive-level official from the representative payee organization establishing that its employee is authorized to represent the organization with respect to the applicant’s IDNYC application. This letter must be dated no more than 60 days prior to the date submitted and must authorize the employee to represent the organization and accompany the applicant at the IDNYC enrollment site. Accepted only if caretaker also presents employee ID issued by the organization. Yes (Letter from SSA may be used to establish date of birth)
Where Caretaker is an Employee of the NYS Office for People with Developmental Disabilities (OPWDD) NYS Department of Health (DOH), NYS Office of Mental Health (NYS OMH) or NYC Department of Health and Mental Hygiene (NYC DOHMH) or an Agency or Facility that is Licensed, Certified or Funded by OPWDD, NYS DOH, NYS OMH or NYC DOHMH: Signed Letter Signed letter from executive-level official at OPWDD, NYS DOH, NYS OMH or NYC DOHMH or an agency or facility that is operated, licensed, certified or funded by one of those agencies, establishing relationship of applicant to the agency or facility. Must be dated no more than 60 days prior to the date submitted and must authorize the employee to represent the agency or facility and accompany the applicant at the IDNYC enrollment site. Accepted only if caretaker also presents employee ID issued by the agency or facility. Yes

~

  1. At least one of the documents provided pursuant to subdivision (a) or (b) of this section must include the applicant’s date of birth;
  2. The caretaker must demonstrate proof of the caretaker’s own identity worth at least three points from the lists set forth in 68 RCNY § 6-05(c), including a photo identification; and
  3. The applicant’s residency must be established by: (i) the applicant establishing residency in accordance with 68 RCNY § 6-06 or (ii) the caretaker establishing residency for the applicant by establishing the caretaker’s own residency in accordance with 68 RCNY § 6-06 and providing an attestation, on a form and in a format established by the Commissioner, that the applicant resides with the caretaker.
  4. HRA may designate additional categories of individuals who will be considered caretakers under this chapter and determine that additional documents may be accepted to establish proof of relationship between an applicant and a caretaker. In the event that HRA exercises its authority under this subdivision, it will publicize the addition of new caretaker categories and its acceptance of new documents, including on the IDNYC website.

§ 6-08 Reporting Name Changes and Changes of Address.

(a) An individual issued an IDNYC Card must report a change of name, address or gender within 10 days of such change.
  1. After a change to an individual’s name, address or gender, an individual who has notified HRA of such change may obtain a new IDNYC Card by bringing the outdated card to an IDNYC enrollment location. In addition, cardholders changing their name or address must present proof of the change they are reporting, as follows:

   (i) To demonstrate a legal name change, the cardholder must present either a court order, a certificate of marriage or divorce or another government-issued document that establishes a lawful name change.

   (ii) To demonstrate an address change, the cardholder must establish residency pursuant to either 68 RCNY § 6-04, 6-06 or 6-07.

§ 6-09 Fees.

(a) HRA will not charge a fee to an applicant in connection with the issuance of an applicant's first IDNYC Card.
  1. HRA will charge a $10.00 fee for the replacement of an unexpired card except where the individual requests a replacement card in order to update the address, name, or gender and brings the outdated IDNYC Card to an IDNYC enrollment location.
  2. HRA will waive the fee set forth in 68 RCNY § 6-09(b) on behalf of individuals who submit a self attestation indicating that they cannot afford the cost of such fee.

§ 6-10 Expiration and Renewal.

(a) The IDNYC Card will be valid for five years from the date of application approval, except that cards issued to individuals under 14 years of age will expire two years from date of application approval.
  1. In order for an individual to receive a renewal card, the individual must present an IDNYC Card that is active or has expired no more than 60 days prior to the date of the application for a renewal card. If the address on the card is not the applicant’s current address, the applicant must establish residency pursuant to 68 RCNY § 6-04, 6-06 or 6-07, as applicable.
  2. An individual who presents an IDNYC Card that has been expired for more than 60 days or who fails to present an IDNYC Card at the time of renewal will be required to satisfy the same eligibility requirements as a new applicant.

§ 6-11 Confidentiality of IDNYC Card Eligibility Information.

(a) Information collected about applicants for the card will be treated as confidential to the maximum extent allowable by applicable federal and state law and may only be disclosed if:

   (1) Authorized in writing by the individual to whom such information pertains, or if such individual is a minor or is otherwise not legally competent, by such individual’s parent or legal guardian;

   (2) So ordered by a court of competent jurisdiction;

   (3) To a requesting city agency for the limited purpose of administering the IDNYC Card Program or determining or facilitating the applicant’s eligibility for additional benefits, services, and care, provided that such disclosure is made in accordance with all applicable federal and state privacy laws and regulations, and subject to the further requirement that such information will not be redisclosed to any other governmental agency or entity, or third party; or

   (4) To a law enforcement agency that serves the administering agency a judicial subpoena or judicial warrant.

  1. HRA will not indicate on the IDNYC Card application forms the type of records provided by an applicant to establish residency or identity.

§ 6-12 Secondary Review Conferences and Reapplications Following Denial of IDNYC Card Applications.

(a) An applicant who has been denied an IDNYC Card may request a secondary review of their eligibility for the card by submitting a review request, in a manner established by the Commissioner, to the IDNYC Card Program within 30 days of issuance of the denial.
  1. The secondary review will consist of a conference at which a designee of the Executive Director of the IDNYC program will review the applicant’s documents and eligibility for the card and the applicant will have the opportunity to reapply for the card. Secondary reviews will be offered only at specially designated enrollment centers.
  2. The IDNYC program will offer the applicant a date, time, and location for the review conference that is within 30 days of receipt of the request. If the date, time, and location offered are not convenient for the applicant, the program will work with the applicant to find another date, time, and location, but cannot guarantee that the conference will take place within 30 days of the request.
  3. If the applicant chooses to reapply following the review conference, IDNYC staff will notify the applicant of its determination on the application by mail. If IDNYC does not issue a determination within 30 days of the date of the conference, then the determination that triggered the review request shall become the final decision on the application.

Chapter 7: LINC Programs

Subchapter A: [LINC I, II, and III]

§ 7-01 Definitions.

For the purposes of this chapter, unless otherwise specified, the following terms shall have the following meanings:

  1. The “LINC Rental Assistance Programs for Families with Children” means collectively the LINC I, LINC II and LINC III rental assistance programs described in this subchapter.
  2. The “City shelter system” means DHS Shelters and HRA Shelters.
  3. “DHS” means the New York City Department of Homeless Services.
  4. A “DHS Shelter” means a shelter for families with children operated by or on behalf of DHS.
  5. “Earned income” is defined and computed as set forth in Section 352.17 of Title 18 of the New York Codes, Rules and Regulations, except that it does not include income earned through subsidized employment.
  6. “Gross income” means the sum of earned income and unearned income.
  7. The “household” means all individuals collectively intended to reside and/or residing together in the place of residence obtained pursuant to this chapter, regardless of their eligibility for Public Assistance.
  8. “HRA” means the New York City Human Resources Administration.
  9. An “HRA Shelter” means a domestic violence shelter operated by or on behalf of HRA pursuant to Part 452 of Title 18 of the New York Codes, Rules and Regulations.
  10. “LINC VI” means the rental assistance program established pursuant to subchapter C of this chapter.
  11. “Public Assistance” means benefits, including monthly grants and shelter allowances, issued under the Family Assistance program pursuant to New York Social Services Law§ 349 and/or the Safety Net Assistance program pursuant to New York Social Services Law § 159, and regulations promulgated thereunder.
  12. A “program participant” means an individual who has entered into a lease for housing to which LINC rental assistance payments have been or are being applied.
  13. “Unearned income” is defined and computed as set forth in Section 387.10 of Title 18 of the New York Codes, Rules and Regulations, except that it shall only include such income that is regularly recurring.
  14. “Subsidized employment” means subsidized private sector employment or subsidized public sector employment as those terms are used in New York Social Services Law § 336(1)(b)-(c).
  15. “Unsubsidized employment” means unsubsidized employment as that term is used in New York Social Services Law § 336(1)(a).

§ 7-02 Administration of the LINC I, LINC II, and LINC III Programs.

HRA shall administer the LINC Rental Assistance Programs for Families with Children and shall make eligibility determinations in accordance with this subchapter, except that initial eligibility determinations for current shelter residents pursuant to subparagraph (C) of paragraph (1) of subdivision (a) of 68 RCNY § 7-03 or 68 RCNY § 7-04, or paragraph (3) of subdivision (a) of 68 RCNY § 7-05, are made by HRA’s Family Independence Administration in consultation with DHS’s Division of Policy and Planning and Division of Family Services.

§ 7-03 The LINC I Rental Assistance Program.

(a) Initial Eligibility and Certification for the LINC I Program.

   (1) To be eligible for an initial year of LINC I rental assistance, a household must meet the following eligibility requirements at the time of certification:

      (A) The household must include at least one member who is in receipt of Public Assistance, and all household members who are eligible for Public Assistance must be in receipt of such benefits;

      (B) The household must include a child who meets the criteria set forth in Section 369.2(c) of Title 18 of the New York Codes, Rules and Regulations or a pregnant woman;

      (C) The household must include at least one member who:

         (i) is eligible for shelter as determined by DHS pursuant to Parts 351 and 352 of Title 18 of the New York Codes, Rules and Regulations or as determined by HRA pursuant to Sections 452.2(g) and 452.9 of Title 18 of the New York Codes, Rules and Regulations, currently resides in the City shelter system and resided in the City shelter system for at least ninety consecutive days prior to certification, excluding gaps of up to three calendar days; or

         (ii) is in receipt of LINC VI rental assistance and has submitted an application for LINC I rental assistance on a form and in a format established by HRA:

      (D) The household must include at least one member who is working and any such member or members must be collectively working at least thirty-five hours per week in unsubsidized employment;

      (E) The household must demonstrate earned income for at least ninety days prior to certification; and

      (F) The household must have total gross income that does not exceed 200 percent of the federal poverty level as established annually by the U.S. Department of Health and Human Services.

   (2) The number of eligible households that will be certified to receive LINC I rental assistance will be limited by the amount of available funding. Subject to HRA’s exercise of discretion under subdivision (a) of 68 RCNY § 7-09, upon finding that a household has met the eligibility requirements set forth in paragraph (1) of this subdivision and that appropriate funding is available to provide LINC I rental assistance to such household, HRA and/or DHS shall issue such household a certification letter. The letter will include an expiration date and will be conditioned on the household continuing to meet the requirements of subparagraphs (A), (B), (C), (D), and (F) of paragraph (1) of this subdivision up to the time when the lease for the housing to which LINC I rental assistance will be applied is executed. Priority will be given to families whose current stays in the City shelter system are the longest.

   (3) At the time of certification, HRA will calculate the household’s monthly program participant contribution and the maximum monthly rental assistance amount pursuant to subdivision (a) of 68 RCNY § 7-06. The monthly program participant contribution and monthly rental assistance amount will not change during the first year of the program, regardless of changes in household composition or income.

  1. Renewals after the First Year.

   (1) Subject to the availability of funding and the provisions of paragraph (4) of this subdivision, a household in receipt of LINC I rental assistance will receive two one-year renewals of such assistance if it meets the following continued eligibility requirements:

      (A) At least one member of the household must be working, and the household’s working member or members must be collectively working at least thirty-five hours per week in unsubsidized employment;

      (B) The household’s total gross income must not exceed 200 percent of the federal poverty level as established annually by the U.S. Department of Health and Human Services;

      (C) At least one member of the household must be continually engaged in enhanced employment and social service supports developed in conjunction with a case manager or employment vendor designated by DHS or HRA intended to maintain or enhance the household’s employment; and

      (D) The household must provide prompt notice to HRA of any rent arrears that have accrued so that they may be addressed.

   (2) Subject to the availability of funding, households that meet the continued eligibility requirements set forth in paragraph (1) of this subdivision may receive up to two additional one-year extensions after their third year in the LINC I rental assistance program pursuant to a determination by HRA on a case-by-case basis.

   (3) HRA will determine a household’s eligibility for renewal of LINC I rental assistance at the end of each year of the household’s participation in the program, subject to the availability of funding. Prior to the commencement of each one-year renewal period, HRA will recalculate the household’s monthly program participant contribution and the monthly rental assistance amount pursuant to subdivision (a) of 68 RCNY § 7-06. The monthly program participant contribution and monthly rental assistance amount will not change during the one-year renewal period, regardless of changes in household composition or income.

   (4) If a household has transferred to the LINC I program after being in receipt of LINC VI rental assistance, the time the household participated in the LINC VI program shall be considered time in the LINC I program for purposes of renewal. If the effective date of the first lease for the residence towards which LINC I rental assistance shall be applied is not more than ten months after the start of the household’s current year of participation in the LINC VI program, then the household’s current year of LINC rental assistance shall begin anew on the effective date of such lease. If the effective date of the first lease for the residence towards which LINC I rental assistance shall be applied is more than ten months after the start of the household’s current year of participation in the LINC VI program, then the household’s next year of LINC rental assistance shall begin on the effective date of such lease.

§ 7-04 The LINC II Rental Assistance Program.

(a) Initial Eligibility and Certification for the LINC II Program.

   (1) To be eligible for an initial year of LINC II rental assistance, a household must meet the following eligibility requirements at the time of certification:

      (A) The household must include at least one member who is in receipt of Public Assistance, and all household members who are eligible for Public Assistance must be in receipt of such benefits;

      (B) The household must include a child who meets the criteria set forth in Section 369.2(c) of Title 18 of the New York Codes, Rules and Regulations or a pregnant woman;

      (C) The household must include at least one member who:

         (i) is eligible for shelter as determined by DHS pursuant to Parts 351 and 352 of Title 18 of the New York Codes, Rules and Regulations or as determined by HRA pursuant to Sections 452.2(g) and 452.9 of Title 18 of the New York Codes, Rules and Regulations, currently resides in the City shelter system and resided in the City shelter system for at least ninety consecutive days prior to certification, excluding gaps of up to three calendar days; or

         (ii) is in receipt of LINC VI rental assistance and has submitted an application for LINC II rental assistance on a form and in a format established by HRA:

      (D) The household must include at least one member who has experienced two or more prior stays in the City shelter system of thirty days or more within five years of the first day of the current shelter stay if the household member is currently in shelter, or within five years of the first day of the household member’s most recent shelter stay if the household member is currently in receipt of LINC VI rental assistance;

      (E) The household must have some income, earned or unearned; and

      (F) For households currently in shelter, HRA must have determined that the household will be eligible for Public Assistance upon exit from shelter. For households transferring to the LINC II program from the LINC VI program. HRA must have determined that the household will be eligible for Public Assistance following the transfer.

   (2) The number of eligible households that will be certified to receive LINC II rental assistance will be limited by the amount of available funding. Subject to HRA’s exercise of discretion under subdivision (a) of 68 RCNY § 7-09, upon finding that a household has met the eligibility requirements set forth in paragraph (1) of this subdivision and that appropriate funding is available to provide LINC II rental assistance to such household, HRA and/or DHS shall issue such household a certification letter. The letter will include an expiration date and will be conditioned on the household continuing to meet the requirements of subparagraphs (A), (B), (C), (E), and (F) of paragraph (1) of this subdivision up to the time when the lease for the housing to which LINC II rental assistance will be applied is executed. Priority will be given to families whose current stays in the City shelter system are the longest and among those, further priority may be given to families who are receiving social services from multiple government agencies or who have a member who is in receipt of disability benefits and/or who is an employable adult.

   (3) At the time of certification, HRA will calculate the household’s monthly program participant contribution and the maximum monthly rental assistance amount pursuant to subdivision (a) of 68 RCNY § 7-06. The monthly program participant contribution and monthly rental assistance amount will not change during the first year of the program, regardless of changes in household composition or income.

  1. Renewals after the First Year.

   (1) Subject to the availability of funding and the provisions of paragraph (3) of this subdivision, a household in receipt of LINC II rental assistance will receive four one-year renewals of such assistance if it meets the following continued eligibility requirements:

      (A) At least one member of the household must be continually engaged in ongoing case management activities designed to assist the household member in obtaining, maintaining and/or enhancing employment or to secure any benefits for which such member or household is eligible;

      (B) All members eligible for Public Assistance must be in receipt of Public Assistance;

      (C) Members of the household receiving Public Assistance must be in compliance with any applicable requirements related to the receipt of such Public Assistance;

      (D) The household’s total gross income must not exceed 200 percent of the federal poverty level as established annually by the U.S. Department of Health and Human Services; and

      (E) The household must provide prompt notice to HRA of any rent arrears that have accrued so that they may be addressed.

   (2) HRA will determine a household’s eligibility for renewal of LINC II rental assistance at the end of each year of the household’s participation in the program, subject to the availability of funding. Prior to the commencement of each one-year renewal period, HRA will recalculate the household’s monthly program participant contribution and the monthly rental assistance amount pursuant to subdivision (a) of 68 RCNY § 7-06. The monthly program participant contribution and monthly rental assistance amount will not change during the one-year renewal period, regardless of changes in household composition or income. Prior to the commencement of the renewal period, HRA will review whether a household is meeting all of the eligibility requirements set forth in paragraph (1) of this subdivision and will assist the household with maintaining eligibility as appropriate.

   (3) If a household has transferred to the LINC II program after being in receipt of LINC VI rental assistance, the time the household participated in the LINC VI program shall be considered time in the LINC II program for purposes of renewal. If the effective date of the first lease for the residence towards which LINC II rental assistance shall be applied is not more than ten months after the start of the household’s current year of participation in the LINC VI program, then the household’s current year of LINC rental assistance shall begin anew on the effective date of such lease. If the effective date of the first lease for the residence towards which LINC II rental assistance shall be applied is more than ten months after the start of the household’s current year of participation in the LINC VI program, then the household’s next year of LINC rental assistance shall begin on the effective date of such lease.

§ 7-05 The LINC III Rental Assistance Program.

(a) Initial Eligibility and Certification for the LINC III Program.

   (1) To be eligible for the LINC III Program, a household must meet the following eligibility requirements:

      (A) The household must be in receipt of Public Assistance;

      (B) The household must include a child who meets the criteria set forth in Section 369.2(c) of Title 18 of the New York Codes, Rules and Regulations or a pregnant woman;

      (C) The household must, at the time of certification and up to the time when the lease for the housing to which LINC III rental assistance will be applied is executed, include at least one member who:

         (i) is currently eligible for HRA shelter under Section 452.9 of Title 18 of the New York Codes, Rules and Regulations as a victim of domestic violence within the meaning of Section 452.2(g) of Title 18 of the New York Codes, Rules and Regulations and § 459-a of the New York Social Services Law and either resides in a DHS shelter and is eligible for shelter as determined by DHS pursuant to Parts 351 and 352 of Title 18 of the New York Codes, Rules and Regulations, or resides in an HRA shelter; or

         (ii) is in receipt of LINC VI rental assistance and has submitted an application for LINC III rental assistance on a form and in a format established by HRA and was eligible for HRA shelter under Section 452.9 of Title 18 of the New York Codes, Rules and Regulations as a victim of domestic violence within the meaning of Section 452.2(g) of Title 18 of the New York Codes, Rules and Regulations and § 459-a of the New York Social Services Law at the time his or her application for LINC VI rental assistance was approved; and

      (D) The household must, at the time of certification and up to the time of lease signing, be in compliance with Public Assistance requirements.

   (2) The number of eligible households that will be certified to receive LINC III rental assistance will be limited by the amount of available funding. Subject to HRA’s exercise of discretion under subdivision (a) of 68 RCNY § 7-09, upon finding that a household has met the eligibility requirements set forth in paragraph (1) of this subdivision and that appropriate funding is available to provide LINC III rental assistance to such household, HRA and/or DHS shall issue such household a certification letter. The letter will include an expiration date and will be conditioned on the household continuing to meet the requirements of paragraph (1) of this subdivision. Priority will be given to families who have resided in a DHS Shelter or an HRA Shelter for the longest consecutive periods, families currently residing in an HRA Shelter who have reached the 180-day time limit under New York Social Services Law § 459-b and would otherwise be discharged to a DHS Shelter, and families who are currently residing in a DHS Shelter due to lack of capacity in HRA Shelters or who have been discharged from an HRA Shelter to a DHS Shelter.

   (3) At the time of certification, and prior to lease signing, HRA will calculate, pursuant to subdivision (b) of 68 RCNY § 7-06, the household’s maximum monthly rent amount, the maximum monthly LINC III rental assistance amount and any contributions required to be made by household members not eligible for Public Assistance. The LINC III rental assistance amount and the amounts of any required contributions are subject to change during the household’s participation in the LINC III program as set forth in paragraph (3) and subparagraph (G) of paragraph (2) of subdivision (b) of 68 RCNY § 7-06.

   (4) In no event shall HRA certify for LINC III rental assistance a household that includes the perpetrator of the domestic violence that resulted in the determination of eligibility for HRA shelter described in subparagraph (C) of paragraph (1) of subdivision (a) of this section.

  1. Continued Eligibility. A household’s continued receipt of LINC III rental assistance is conditioned on the household continuing to meet the requirements of subparagraph (A) of paragraph (1) of this subdivision, unless the household has become ineligible for Public Assistance as a result of increased income and such household’s total gross income does not exceed 200 percent of the federal poverty level as established annually by the U.S. Department of Health and Human Services.
  2. Renewals after the First Year.

   (1) Subject to the availability of funding and the provisions of paragraph (4) of this subdivision, a household in receipt of LINC III rental assistance will receive up to four one-year renewals of such assistance if it meets the following continued eligibility requirements:

      (A) All members of the household who are eligible for Public Assistance must be in receipt of Public Assistance;

      (B) Where such activities are made available to the household, at least one member of the household must be participating in ongoing case management activities developed in conjunction with a case manager or employment vendor designated by DHS or HRA designed to assist the household member in obtaining, maintaining and/or enhancing employment or to secure any benefits for which such member or household is eligible;

      (C) Members of the household receiving Public Assistance must be in compliance with any applicable requirements related to the receipt of such Public Assistance;

      (D) The household’s total gross income must not exceed 200 percent of the federal poverty level as established annually by the U.S. Department of Health and Human Services; and

      (E) The household must provide prompt notice to HRA of any rent arrears that have accrued so that they may be addressed.

   (2) HRA will determine a household’s eligibility for renewal of LINC III rental assistance at the end of each year of the household’s participation in the program, subject to the availability of funding. Prior to the commencement of each one-year renewal period, HRA will recalculate, pursuant to subdivision (b) of 68 RCNY § 7-06, the household’s maximum monthly rent amount, the maximum monthly rental assistance amount and any contributions required to be made by household members not eligible for Public Assistance. This recalculation is in addition to any recalculations required by subparagraph (G) of paragraph (2) of subdivision (b) of 68 RCNY § 7-06. Prior to the commencement of the renewal period, HRA will review whether a household is meeting the eligibility requirements set forth in paragraph (1) of this subdivision and will assist the household with maintaining eligibility as appropriate. If the household’s monthly program participant contribution and rental assistance amount are calculated under paragraph (3) of subdivision (b) of 68 RCNY § 7-06, the monthly program participant contribution and monthly rental assistance amount will not change during the one-year renewal period, regardless of changes in household composition or income.

   (3) HRA in its discretion may waive any of the requirements set forth in paragraph (1) of this subdivision on a case-by-case basis if the household’s failure to meet the requirement was due to circumstances beyond the household’s control, or where non- renewal is likely to result in the household’s entry into shelter.

   (4) If a household has transferred to the LINC III program after being in receipt of LINC VI rental assistance. the time the household participated in the LINC VI program shall be considered time in the LINC III program for purposes of renewal. If the effective date of the first lease for the residence towards which LINC III rental assistance shall be applied is not more than ten months after the start of the household’s current year of participation in the LINC VI program, then the household’s current year of LINC rental assistance shall begin anew on the effective date of such lease. If the effective date of the first lease for the residence towards which LINC III rental assistance shall be applied is more than ten months after the start of the household’s current year of participation in the LINC VI program, then the household’s next year of LINC rental assistance shall begin on the effective date of such lease.

  1. If a household becomes ineligible for LINC III because it has become ineligible for Public Assistance for reasons other than excess income or than pursuant to New York Social Services Law § 342, the household may have its LINC III rental assistance restored if (a) the household continues to reside in the address in which it resided at the time its Public Assistance benefits ceased; and (b) its Public Assistance benefits are reinstated within twelve months after such benefits ceased.

§ 7-06 Maximum Rents and Calculation of Monthly Program Participant Contributions and Rental Assistance Amounts.

(a) LINC I and LINC II Rental Assistance Programs.

   (1) The maximum rent towards which rental assistance may be applied during the first year of any lease towards which LINC I or LINC II rental assistance is applied shall not exceed the amounts set forth in the table below, except that HRA may make exceptions on a case-by-case basis if the rent: (i) is reasonable in relation to current rents for comparable units in the private unassisted market; (ii) is not in excess of current rents for the owner’s comparable non-luxury unassisted units; and (iii) does not exceed the 2014 New York City Housing Authority Section 8 Voucher Payment Standards for the same type of unit; provided, however, that if HRA determines that due to current market conditions, it is unlikely that households consisting of five or more individuals will be able to secure housing within the next 90 days at the rents otherwise permitted under this subdivision, HRA may, in its discretion, increase the allowable maximum rents for such households to up to 130 percent of the 2014 New York City Housing Authority Section 8 Voucher Payment Standards for units for the household size. If HRA makes any exceptions pursuant to this subdivision, HRA shall pay the difference between the approved rent and the maximum rent amount set forth in the table below.

Household Size 1 2 3 4 5 6 78
Maximum Rent $914 $1,028 $1,200 $1,257 $1,428 $1,542 $1,599$1,714

~

   (2) A program participant contribution of thirty percent of the household’s total gross income at the time of certification or renewal, plus the amount of any increases in the rent permitted under paragraph (2) of subdivision (l) of 68 RCNY § 7-09 that are above the household’s allowable rent as determined pursuant to paragraph (1) of this subdivision, shall be paid by the household directly to the landlord each month. Such payments will be deducted from the monthly rent to determine the monthly rental assistance amount. HRA shall pay the monthly rental assistance amount directly to the landlord each month for so long as the program participant’s household remains eligible and funding for the program remains available, except that HRA may in its discretion pay one year of rental assistance payments in advance to a landlord who has entered into a lease with a program participant for a unit that was used as DHS shelter immediately prior to lease signing.

  1. LINC III Rental Assistance Program.

   (1) The maximum rent towards which LINC III rental assistance may be applied shall not exceed the amounts set forth in the table below, except that HRA may make exceptions to the maximum rent amounts on a case-by-case basis if the rent: (i) is reasonable in relation to current rents for comparable units in the private unassisted market; (ii) is not in excess of current rents for the owner’s comparable non-luxury unassisted units; and (iii) does not exceed the 2014 New York City Housing Authority Section 8 Voucher Payment Standards for the same type of unit provided however, that if HRA determines that due to current market conditions, it is unlikely that households consisting of five or more individuals will be able to secure housing within the next 90 days at the rents otherwise permitted under this subdivision, HRA may in its discretion increase the allowable maximum rents for such households to up to 130 percent of the 2014 New York City Housing Authority Section 8 Voucher Payment Standards for units for the household size. If HRA makes any exceptions pursuant to this subdivision, HRA shall pay the difference between the approved rent and the maximum rent amount set forth in the table below. Except as provided in subparagraph (D) of paragraph (2) of this subdivision, the maximum LINC III rental assistance amount shall not exceed the amounts set forth in the table below.

Household Size 1 2 3 4 5 6 7 8
Maximum Rent $914 $1,028 $1,200 $1,257 $1,428 $1,542 $1,599 $1,714
Maximum Rental Assistance $637 $745 $800 $807 $927 $1,018 $1,053 $1,168

~

   (2) Except as provided in paragraph (3) of this subdivision, the household’s monthly contribution and LINC III rental assistance amount shall be calculated as follows:

      (A) Except as provided in subparagraph (C) of this paragraph, and provided the household remains eligible for LINC III rental assistance, the LINC III rental assistance amount shall be the household’s actual rent less the sum of (i) any contributions required to be made in accordance with the provisions of subparagraph (E) of this paragraph and (ii) the standard Public Assistance shelter allowance as set forth in Section 352.3(a)(1) of Title 18 of the New York Codes, Rules and Regulations for the number of members in the household active for Public Assistance, provided that the LINC III rental assistance amount shall not exceed the maximum rental assistance amount for the household size as set forth in paragraph (1) of this subdivision. If the actual rent exceeds the sum of the LINC III rental assistance amount and the standard shelter allowance, the household shall pay directly to the landlord the amount that the actual rent exceeds such sum.

      (B) If a household in receipt of LINC III rental assistance receives a Public Assistance shelter allowance less than the standard Public Assistance shelter allowance set forth in Section 352.3(a)(1) of Title 18 of the New York Codes, Rules and Regulations, the household shall pay directly to the landlord the difference between the standard Public Assistance shelter amount and the Public Assistance shelter amount that the household receives.

      (C) If the household’s Public Assistance shelter allowance is reduced pursuant to New York Social Services Law § 342, the LINC III rental assistance amount will be reduced using the same rule applied to reduce the Public Assistance benefits. The household shall pay any reduction amounts directly to the landlord.

      (D) If a household is in receipt of the LINC III rental assistance amount and such household’s monthly rent obligation increases above the 2014 New York City Housing Authority Section 8 Voucher Payment Standards for the same type of unit after the household’s second year in the LINC III rental assistance program, the household shall pay the amount of the rent increase directly to the landlord. In the event of such a rent increase, HRA may make exceptions to the maximum rental assistance amount on a case-by-case basis.

      (E) A member of the household who is not in receipt of Public Assistance and who receives income, earned or unearned, must contribute a pro rata share of the rent or thirty percent of his or her gross income, whichever is less, towards rent. If a member of the household is not currently in receipt of Public Assistance, but does not acknowledge receipt of income, earned or unearned, such household member must apply for Public Assistance before the household can be certified for LINC III rental assistance. If such household member is rejected as ineligible, such household member shall be subject to the contribution requirement set forth in this subparagraph. Nothing in this paragraph shall be construed to require a person ineligible for Public Assistance on the basis of his or her immigration status to apply for Public Assistance. An individual contributing a pro rata share of rent or thirty percent of his or her gross income shall not be counted for purposes of determining the LINC III maximum rental assistance amount as set forth in paragraph (1) of this subdivision, provided that the household’s maximum rent shall be equal to the sum of the maximum rent for the household when such person is not counted and such person’s required contribution, and provided further that the maximum rent shall not exceed the maximum rent for the household if such person were counted under paragraph (1) of this subdivision. Such individual’s contribution shall be deducted from the household’s actual rent for the purposes of determining the LINC III rental assistance amount as set forth in subparagraph (A) of this paragraph.

      (F) When an individual ineligible for Public Assistance on the basis of his or her immigration status has income that must be taken into consideration in calculating Public Assistance pursuant to New York Social Services Law § 131-a, such individual shall be included in the household for purposes of determining the maximum rent as set forth in paragraph (1) of this subdivision. Such individual shall not be included in the household for purposes of determining the maximum rental assistance amount as set forth in paragraph (1) of this subdivision and will not be subject to the contribution requirement as set forth in subparagraph (E) of this paragraph.

      (G) A LINC III rental assistance amount and any contributions required by subparagraph (E) of this paragraph shall be increased or reduced as a result of changes in a household’s income, composition, or rent, provided that such increased or decreased rental assistance amount and contributions are calculated in accordance with the provisions of this subdivision. LINC III recipients shall promptly inform HRA of changes in income, household composition, or rent that may require an increase or decrease in the LINC III rental assistance amount and/or any required contributions. LINC III recipients will receive a notice from the City of New York of any change in their LINC III rental assistance amount and required contributions.

      (H) HRA shall pay the monthly rental assistance amount directly to the landlord each month for so long as the program participant’s household remains eligible and funding for the program remains available, except that HRA may in its discretion pay one year of rental assistance payments in advance to a landlord who has entered into a lease with a program participant for a unit that was used as DHS shelter immediately prior to lease signing. Notwithstanding any inconsistent provisions of this section, (i) any such advance rental assistance payments shall be calculated based on the household size at the time of lease signing and (ii) if the household’s rental assistance amount would otherwise have been reduced under this subdivision during the year in which rental assistance payments have been paid in advance, the household is required to pay the difference to HRA. If the household does not pay such difference to HRA during the year in which rental assistance payments have been paid in advance, HRA shall have the right to recover such difference from the household.

   (3) If a household in receipt of LINC III rental assistance has become ineligible for Public Assistance as a result of increased income or no longer includes a child who meets the criteria set forth in Section 369.2(c) of Title 18 of the New York Codes, Rules and Regulations or a pregnant woman, a program participant contribution of thirty percent of the household’s total gross income, plus the amount of any increases in the rent permitted under paragraph (2) of subdivision (l) of 68 RCNY § 7-09 that are above the household’s allowable rent as determined pursuant to paragraph (1) of this subdivision, will be required and will be paid by the household directly to the landlord each month. Such payments will be deducted from the monthly rent to determine the monthly rental assistance amount. The household’s monthly program participant contribution and rental assistance amount will not change during the remainder of the household’s current year in the program, regardless of changes in household composition or income and shall continue to be calculated in accordance with this paragraph for so long as the household remains eligible for the program even if the household later becomes eligible for Public Assistance or again includes a child who meets the criteria set forth in Section 369.2(c) of Title 18 of the New York Codes, Rules and Regulations.

§ 7-07 Right of Review.

(a) Challenges by Shelter Residents or LINC VI Program Participants in Receipt of a LINC II Certification Letter and by LINC II Program Participants Regarding LINC II Rental Assistance. Shelter residents or LINC VI program participants who have received a LINC II certification letter and LINC II program participants shall have the right to seek review pursuant to Part 358 of Title 18 of the New York Code, Rules and Regulations of all determinations and actions made by DHS and/or HRA pursuant to 68 RCNY § 7-04.
  1. All Other Challenges. All other challenges to determinations or actions made by DHS and/or HRA under this chapter, as well as any failures to act, or failures to act with reasonable promptness, by DHS and/or HRA in implementing the provisions of this chapter, shall be governed by the procedures set forth in 68 RCNY § 7-08.

§ 7-08 Agency Review Conference and HRA Administrative Appeal Process.

(a) Right to HRA Administrative Review. A shelter resident, LINC VI program participant, or LINC I or LINC III program participant may request an agency review conference and/or an HRA administrative hearing to seek review of any determinations or actions for which a right to review is provided under subdivision (b) of 68 RCNY § 7-07.
  1. Agency Review Conference.

   (1) If a shelter resident, LINC VI program participant, or LINC I or LINC III program participant requests an agency review conference, HRA shall informally review and attempt to resolve the issues raised.

   (2) A shelter resident, LINC VI program participant, or LINC I or LINC III program participant may request an agency review conference without also requesting an HRA administrative hearing. Requesting an agency review conference will not prevent a shelter resident or program participant from later requesting an HRA administrative hearing.

   (3) Except as provided in paragraph (4) of this subdivision, an agency review conference must be requested within sixty days after the challenged determination or action, provided further that if an HRA administrative hearing is scheduled, an agency review conference must be requested reasonably in advance of the scheduled hearing date.

   (4) Notwithstanding paragraph (3) of this subdivision, an agency review conference to review a failure by DHS and/or HRA to issue a certification letter pursuant to 68 RCNY § 7-03, 7-04 or 7-05 may be brought at any time if such household has not received such letter.

   (5) A request for an agency review conference will extend the time period to request an HRA administrative hearing as set forth in paragraph (2) of subdivision (c) of this section to sixty days after the date of the agency review conference.

  1. Request for an HRA Administrative Hearing.

   (1) An administrative hearing must be requested in writing. Such written request must be submitted by mail, electronic means or facsimile, or other means as HRA may set forth in an appeals notice.

   (2) Except as provided in paragraph (3) of this subdivision and paragraph (5) of subdivision (b) of this section, a request for an administrative hearing must be made within sixty days after the challenged determination or action.

   (3) A request for an administrative hearing to challenge a failure by DHS and/or HRA to issue a certification letter under 68 RCNY § 7-03, 7-04 or 7-05 may be brought at any time if such household has not received such letter.

  1. Authorized Representative.

   (1) Except where impracticable to execute a written authorization, a person or organization seeking to represent a shelter resident, LINC VI program participant, or LINC I or LINC III program participant must have the shelter resident’s or program participant’s written authorization to represent him or her at an agency review conference or administrative hearing and to review his or her case record, provided that such written authorization is not required from an attorney retained by such shelter resident or program participant. An employee of such attorney will be considered an authorized representative if such employee presents written authorization from the attorney or if such attorney advises HRA by telephone of such employee’s authorization.

   (2) Once HRA has been notified that a person or organization has been authorized to represent a shelter resident. LINC VI program participant, or LINC I or LINC III program participant at an agency review conference or administrative hearing, such representative will receive copies of all correspondence sent by HRA to the shelter resident or program participant relating to the conference and hearing.

  1. Continued Assistance.

   (1) If a LINC I or LINC III program participant requests an administrative appeal of a determination by HRA that rental assistance payments issued under 68 RCNY § 7-03 or 7-05 are to be reduced, restricted, suspended or discontinued, or that the program participant’s household is not eligible for renewal pursuant to subdivision (b) of 68 RCNY § 7-03 or subdivision (c) of 68 RCNY § 7-05, such program participant shall have the right to continued receipt of LINC I or LINC III rental assistance payments at the rental assistance amount in effect at the time of the determination until the hearing decision is issued pursuant to subdivision (I) of this section, provided that:

      (A) The program participant requests the administrative appeal within ten days of the mailing of the notice of such determination; and

      (B) The appeal is based on a claim of incorrect computation or an incorrect factual determination.

   (2) There is no right to continued rental assistance payments pursuant to this subdivision where the sole issue on appeal is one of local, State or Federal law or policy, or change in local, State or Federal law.

   (3) Rental assistance payments will not continue pending the issuance of a hearing decision when:

      (A) The LINC I or LINC III program participant has voluntarily waived his or her right to the continuation of such assistance in writing; or

      (B) The LINC I or LINC III program participant does not appear at the administrative hearing and does not have a good reason for not appearing.

   (4) If a LINC I or LINC III program participant requests an additional appeal pursuant to subdivision (m) of this section, rental assistance payments will continue uninterrupted after issuance of the hearing decision until a written decision is issued pursuant to such subdivision.

  1. Notice. HRA shall provide the shelter resident, LINC VI program participant, or LINC I or LINC III program participant with notice of the date, time, and location of the administrative hearing no fewer than seven calendar days prior to the scheduled date of the administrative hearing, unless the issue underlying the request for an administrative hearing has been resolved and the shelter resident or program participant has withdrawn his or her hearing request.
  2. Examination of Case Record. The shelter resident, LINC VI program participant, or LINC I or LINC III program participant or his or her authorized representative has the right to examine the contents of his or her LINC program case file and all documents and records that HRA intends to use at the administrative hearing. Upon request by telephone or in writing, HRA shall provide such shelter resident or program participant with copies of all such documents, and copies of any additional documents in the possession of HRA and/or DHS that the shelter resident or program participant identifies and requests for purposes of preparing for the administrative hearing. HRA shall provide such documents at no charge reasonably in advance of the administrative hearing. If the request for such documents is made less than five business days before the administrative hearing, HRA must provide the shelter resident or program participant with copies of such documents no later than at the time of the administrative hearing.
  3. Adjournment. The administrative hearing may be adjourned for good cause by the administrative hearing officer on his or her own motion or at the request of the shelter resident. LINC VI program participant, or LINC I or LINC III program participant, HRA, or DHS.
  4. Conduct of Administrative Hearing.

   (1) The administrative hearing shall be conducted by an impartial hearing officer appointed by HRA who shall have the power to administer oaths and issue subpoenas and who shall have no prior personal knowledge of the facts concerning the challenged determination or action.

   (2) The administrative hearing shall be informal, all relevant and material evidence shall be admissible and the legal rules of evidence shall not apply. The administrative hearing shall be confined to the factual and legal issues raised regarding the specific determination(s) for which the administrative hearing was requested.

   (3) The shelter resident, LINC VI program participant, or LINC I or LINC III program participant shall have a right to be represented by counsel or other representative, to testify, to produce witnesses to testify, to offer documentary evidence, to offer evidence in opposition to the evidence presented by HRA and DHS, to request that the hearing officer issue subpoenas, and to examine any documents offered by HRA and DHS.

   (4) An audio recording, an audio visual recording or written transcript of the administrative hearing shall be made.

  1. Abandonment of Request for Administrative Hearing.

   (1) HRA will consider an administrative hearing request abandoned if neither the shelter resident or LINC I, LINC III, or LINC VI program participant nor his or her authorized representative appears at the administrative hearing, unless either the shelter resident or program participant or his or her authorized representative has:

      (A) contacted HRA prior to the administrative hearing to request rescheduling of the administrative hearing; or

      (B) within fifteen calendar days of the scheduled administrative hearing date, contacted HRA and provided a good cause reason for failing to appear at the administrative hearing on the scheduled date.

   (2) HRA will restore the case to the calendar if the shelter resident, LINC VI program participant, or LINC I or LINC III program participant or his or her authorized representative has met the requirements of paragraph (1) of this subdivision.

  1. Hearing Record. The recording or written transcript of the hearing, all papers and requests filed in connection with the hearing, and the hearing decision collectively constitute the complete and exclusive record of the administrative hearing.
  2. Hearing Decision.

   (1) The hearing officer shall render a decision based exclusively on the hearing record. The decision must be in writing and must set forth the administrative hearing issues, the relevant facts, and the applicable law, regulations and approved policy, if any, upon which the decision is based. The decision must identify the issues to be determined, make findings of fact, state the reasons for the determinations, and when appropriate, direct HRA to take specific action.

   (2) A copy of the decision, accompanied by written notice to the shelter resident, LINC VI program participant, or LINC I or LINC III program participant of the right to further appeal and the procedures for requesting such appeal, will be sent to each of the parties and to their authorized representatives, if any.

  1. Additional Appeal.

   (1) An appeal from a decision of a hearing officer may be made in writing to the Commissioner of HRA or his or her designee provided it is received by HRA through the procedures described in the notice accompanying the hearing decision no later than fifteen business days after HRA sends the hearing officer’s decision. The record before the Commissioner shall consist of the hearing record, the hearing officer’s decision and any affidavits, documentary evidence, or written arguments that the shelter resident, LINC VI program participant, or LINC I or LINC III program participant may wish to submit.

   (2) The Commissioner or his or her designee shall render a written decision based on the hearing record and any additional documents submitted by the shelter resident, LINC VI program participant, or LINC I or LINC III program participant and HRA or DHS.

   (3) A copy of the decision, accompanied by written notice to the shelter resident, LINC VI program participant, or LINC I or LINC III program participant of the right to judicial review, will be sent to each of the parties and to their authorized representatives, if any.

   (4) Upon issuance, the decision of the Commissioner or his or her designee made pursuant to an appeal under this section is final and binding upon HRA and must be complied with by HRA.

§ 7-09 Additional Provisions.

(a) If a household is eligible for two or more LINC programs, HRA and DHS reserve the right to determine, based on administrative and programmatic needs, which LINC program the household will be certified for, HRA and DHS also reserve the right to determine the schedule for release of available funding for each of the LINC programs based on administrative and programmatic needs.
  1. HRA and DHS will refer households in the LINC Rental Assistance Programs for Families with Children to service providers who will assist them with connecting to appropriate services in their communities.
  2. HRA and DHS will evaluate available resources under the United States Department of Housing and Urban Development’s Homelessness Prevention and Rapid Re-Housing Program and will utilize these as an alternative to longer term rental assistance, if applicable, prior to determining any household’s eligibility for LINC I and LINC II rental assistance.
  3. HRA shall provide a household moving from shelter moving expenses, a security deposit voucher equal to one month’s rent and, if applicable, a broker’s fee equal to up to one month’s rent, as set forth in Section 352.6 of Title 18 of the New York Codes, Rules and Regulations.
  4. Rental assistance provided under the LINC Rental Assistance Programs for Families with Children cannot be combined with any other rent subsidies other than a Public Assistance shelter allowance provided pursuant to Section 352.3 of Title 18 of the New York Codes, Rules and Regulations.
  5. Households in receipt of rental assistance under the LINC Rental Assistance Programs for Families with Children that are unable to make their program participant contributions on account of involuntary job loss or other extenuating circumstances may be eligible for emergency rent assistance and arrears under Section 352.07 of Title 18 of the New York Codes, Rules and Regulations.
  6. HRA and DHS will not maintain waitlists for the LINC Rental Assistance Programs for Families with Children.
  7. Shelter residents and LINC VI program participants are responsible for identifying potential housing. However, shelter staff may provide assistance to shelter residents in their housing search.
  8. A landlord who signs a lease with a household in receipt of rental assistance under any of the LINC Rental Assistance Programs for Families with Children is prohibited from demanding, requesting, or receiving any amount above the rent or fees as stipulated in the lease agreement regardless of any changes in household composition. The cost of heat and hot water must be included in the rent. A landlord who demands, requests or receives any amount above what is set forth in the lease will be barred from further participation in any HRA rental assistance programs and may be barred from other rental assistance programs administered by the City of New York. Before placing a landlord on a disqualification list, HRA will provide notice to the landlord and an opportunity for the landlord to object in writing.
  9. If a program participant leaves the apartment for which the program participant is receiving LINC I, LINC II, or LINC III rental assistance due to an eviction or move, the landlord must return any over-payment.
  10. Any residence to which LINC rental assistance is applied pursuant to this subchapter must pass a City inspection. Section 8 Housing Quality Standards set forth in Section 982.401 of Title 24 of the Code of Federal Regulations will be applied in the inspection process with respect to the physical condition of apartments. The number of persons who can occupy a particular apartment will be evaluated on a case-by-case basis with each household.
  11. As a condition of participating in the LINC Rental Assistance Programs for Families with Children, landlords shall be required to:

   (1) renew a participating household’s lease for a second year at the same monthly rent as provided for in the first year provided that (a) funding for the applicable LINC Rental Assistance Program remains available, and the household has been found eligible for a second year of the program, or (b) the household is able to pay its entire rent for a second year; and

   (2) after the second, third and fourth years, renew a participating household’s lease at the same total monthly rent provided for as in the previous year, increased by a percentage no greater than that allowed at that time for one-year leases for rent-stabilized apartments in New York City, regardless of whether the housing is subject to rent stabilization, provided that: (a) funding for the applicable program remains available and the participating household has been found eligible by the City for the applicable year of the program, or (b) the participating household is able to pay its entire rent for the applicable year.

  1. LINC I, LINC II and LINC III rental assistance shall not be applied to any residence outside the City of New York.

Subchapter B: LINC IV and V

§ 7-10 Definitions.

For the purposes of this subchapter, unless otherwise specified, the following terms shall have the following meanings:

  1. The “LINC Rental Assistance Programs for Single Adults and Adult Families” means the two rental assistance programs described in this subchapter.
  2. A “Homeless Adult” means an individual who:

   (1) resides in a shelter for single adults operated by or on behalf of DHS, or a DHS veterans shelter, a DHS drop-in center or a DHS safe haven as those terms are defined in § 3-113 of the Administrative Code of the City of New York as added by local law 37 for the year 2011;

   (2) resides in a shelter for adult families operated by or on behalf of DHS and has been found eligible for shelter, as determined by DHS pursuant to Parts 351 and 352 of Title 18 of the New York Code of Rules and Regulations;

   (3) does not reside in a shelter, residence, or other accommodations and has not secured any other temporary or permanent housing;

   (4) is at risk of entry into a shelter for single adults or adult families operated by or on behalf of DHS, as determined by HRA in consultation with DHS; or

   (5) is in receipt of LINC VI rental assistance, met the definition of Homeless Adult pursuant to paragraph (1), (2), (3) or (4) of this subdivision at the time his or her application for such rental assistance was approved, and has submitted an application for LINC IV or LINC V rental assistance on a form and in a format established by HRA.

  1. The “household” means the individual or individuals intended to reside and/or residing in the housing obtained pursuant to this subchapter, regardless of eligibility for Public Assistance. The term “household” does not include other individuals residing in a residence within which a program participant is renting a single room.
  2. A “primary tenant” is the person whose name is on the lease or who has the primary responsibility for payment of the monthly rent for a residence.
  3. A “program participant” means an individual who has entered into a lease or other agreement for housing to which LINC rental assistance payments have been or are being applied.
  4. “SET Program” means the Shelter Exit Transitional Jobs Program jointly operated by DHS and HRA to help shelter clients obtain employment and move into permanent housing.
  5. “Subsidized employment” means subsidized private sector employment or subsidized public sector employment as those terms are used in New York Social Services Law § 336(1)(b)-(c), except for employment pursuant to the SET Program.
  6. “Unsubsidized employment” means unsubsidized employment as that term is used in New York Social Services Law § 336(1)(a), except that it shall also include employment pursuant to the SET program.

§ 7-11 Administration of the LINC Rental Assistance Programs for Single Adults and Adult Families.

HRA shall administer the LINC IV and LINC V Rental Assistance Programs, except that initial eligibility determinations pursuant to subdivision (a) of 68 RCNY § 7-12 or 7-13 of this chapter shall be made by HRA in consultation with DHS.

§ 7-12 The LINC IV Rental Assistance Program.

(a) Initial Eligibility and Certification for the LINC IV Program.

   (1) To be eligible for an initial year of LINC IV rental assistance, a household must meet the following eligibility requirements at the time of certification:

      (A) The household must include at least one member who receives Public Assistance, and all household members who are eligible for Public Assistance must receive such benefits;

      (B) The household must include a Homeless Adult who is at least 60 years of age or who either:

         (i) receives social security disability insurance benefits under Title II of the federal Social Security Act or supplemental security income under Title XVI of the federal Social Security Act, or receives a recurring monthly Public Assistance grant and has been determined by HRA to be potentially eligible for such social security disability insurance benefits or supplemental security income based on a documented disability; or

         (ii) receives compensation for a disability resulting from a line-of-duty injury or disease pursuant to Subchapter II or Subchapter IV of Chapter 11 of Part II of Title 38 of the United States Code, or receives a non-service-connected disability pension pursuant to Subchapter II of Chapter 15 of Part II of Title 38 of the United States Code; and

      (C) The household must have total gross income that does not exceed 200 percent of the federal poverty level as established annually by the U.S. Department of Health and Human Services.

   (2) The number of eligible households that can be certified to receive LINC IV rental assistance will be limited by the amount of available funding. Subject to HRA’s exercise of discretion under subdivision (a) of 68 RCNY § 7-17, when a household has met the eligibility requirements set forth in paragraph (1) of this subdivision and appropriate funding is available to provide LINC IV rental assistance to such household, HRA and/or DHS shall issue such household a certification letter. The letter will include an expiration date and will be conditioned on the household continuing to meet the requirements of paragraph (1) of this subdivision until the lease or other agreement for the housing to which LINC rental assistance will be applied is executed. Priority will be given to households whose Homeless Adult member or members have met the definition of Homeless Adult under paragraph (1), (2) or (3) of subdivision (b) of 68 RCNY § 7-10 for the longest period of time and to households whose Homeless Adult member or members meet the definition of a Homeless Adult under paragraph (4) of subdivision (b) of 68 RCNY § 7-10 and have been referred by HRA’s Rental Assistance Unit or another City agency, with additional priority given to households that include the oldest Homeless Adults or medically frail Homeless Adults.

   (3) At the time of certification, HRA will calculate the household’s monthly program participant contribution and the maximum monthly rental assistance amount pursuant to 68 RCNY § 7-14. Except as provided in 68 RCNY § 7-15, the monthly program participant contribution and monthly rental assistance amount will not change during the first year of the program, regardless of changes in household composition or income.

  1. Renewals after the First Year.

   (1) Subject to the availability of funding, a household receiving LINC IV rental assistance will receive annual renewals of such assistance if it meets the following continued eligibility requirements:

      (A) The household continues to include an adult who is at least 60 years of age or who either:

         (i) receives social security disability insurance benefits pursuant to Title II of the federal Social Security Act or supplemental security income pursuant to Title XVI of the federal Social Security Act, or receives a recurring monthly Public Assistance grant and has been determined by HRA to be potentially eligible for such social security disability insurance benefits or supplemental security income based on a documented disability; or

         (ii) receives compensation for a disability resulting from a line-of-duty injury or disease pursuant to Subchapter II or Subchapter IV of Chapter 11 of Part II of Title 38 of the United States Code, or receives a non-service-connected disability pension pursuant to Subchapter II of Chapter 15 of Part II of Title 38 of the United States Code;

      (B) The household’s total gross income does not exceed 200 percent of the federal poverty level as established annually by the U.S. Department of Health and Human Services;

      (C) All members of the household eligible for Public Assistance must receive Public Assistance; and

      (D) The household must provide prompt notice to HRA of any rent arrears that have accrued so that they may be addressed.

   (2) HRA will determine a household’s eligibility for renewal of LINC IV rental assistance at the end of each year of the household’s participation in the program, subject to the availability of funding. Before the start of each one-year renewal, HRA will recalculate the household’s monthly program participant contribution and the monthly rental assistance amount pursuant to 68 RCNY § 7-14. Except as provided in 68 RCNY § 7-15, the monthly program participant contribution and monthly rental assistance amount will not change during the one-year renewal period, regardless of changes in household composition or income.

   (3) HRA in its discretion may waive any of the requirements set forth in paragraph (1) of this subdivision on a case-by-case basis if the household’s failure to meet the requirement was due to circumstances beyond the household’s control, or where non-renewal is likely to result in the household’s entry into shelter.

§ 7-13 The LINC V Rental Assistance Program.

(a) Initial Eligibility and Certification for the LINC V Program.

   (1) To be eligible for an initial year of LINC V rental assistance, a household must meet the following eligibility requirements at the time of certification:

      (A) The household must include at least one member who receives Public Assistance, and all household members who are eligible for Public Assistance must receive such benefits;

      (B) The household must include at least one Homeless Adult who is working in unsubsidized employment and can demonstrate earned income for at least thirty days prior to certification; and

      (C) The household must have total gross income that does not exceed 200 percent of the federal poverty level as established annually by the U.S. Department of Health and Human Services.

   (2) The number of eligible households that can be certified to receive LINC V rental assistance will be limited by the amount of available funding. Subject to HRA’s exercise of discretion under subdivision (a) of 68 RCNY § 7-17, when a household has met the eligibility requirements set forth in paragraph (1) of this subdivision and appropriate funding is available to provide LINC V rental assistance to such household, HRA and/or DHS shall issue such household a certification letter. The letter will include an expiration date and will be conditioned on the household continuing to meet the requirements of paragraph (1) of this subdivision until the lease or other agreement for the housing to which LINC rental assistance will be applied is executed. Priority will be given to households whose Homeless Adult member or members have met the definition of Homeless Adult under paragraph (1), (2) or (3) of subdivision (b) of 68 RCNY § 7-10 for the longest period of time and to households whose Homeless Adult member or members meet the definition of a Homeless Adult under paragraph (4) of subdivision (b) of 68 RCNY § 7-10 and have been referred by HRA’s Rental Assistance Unit or another City agency, with additional priority given based on the number of hours worked per week.

   (3) At the time of certification, HRA will calculate the household’s monthly program participant contribution and the monthly rental assistance amount pursuant to 68 RCNY § 7-14. Except as provided in 68 RCNY § 7-15, the monthly program participant contribution and monthly rental assistance amount will not change during the first year of the program, regardless of changes in household composition or income.

  1. Renewals after the First Year.

   (1) Subject to the availability of funding and the provisions of paragraph (5) of this subdivision, a household receiving LINC V rental assistance will receive four one-year renewals of such assistance if it meets the following continued eligibility requirements:

      (A) At least one member of the household must be working in unsubsidized employment;

      (B) The household’s total gross income must not exceed 200 percent of the federal poverty level as established annually by the U.S. Department of Health and Human Services;

      (C) Where such supports are made available to the household, at least one member of the household must be continually engaged in enhanced employment and social service supports developed in conjunction with a case manager or employment vendor designated by DHS or HRA intended to maintain or enhance the household’s employment;

      (D) All members of the household eligible for Public Assistance must receive Public Assistance; and

      (E) The household must provide prompt notice to HRA of any rent arrears that have accrued so that they may be addressed.

   (2) Subject to the availability of funding, households that meet the continued eligibility requirements in paragraph (1) of this subdivision may receive additional one-year extensions after their fifth year in the LINC V rental assistance program on a case-by-case basis.

   (3) HRA will determine a household’s eligibility for renewal of LINC V rental assistance at the end of each year of the household’s participation in the program, subject to the availability of funding. Before the start of each one-year renewal period, HRA will recalculate the household’s monthly program participant contribution and the monthly rental assistance amount pursuant to 68 RCNY § 7-14. Except as provided in 68 RCNY § 7-15, the monthly program participant contribution and monthly rental assistance amount will not change during the one-year renewal period, regardless of changes in household composition or income.

   (4) HRA in its discretion may waive any of the requirements set forth in paragraph (1) of this subdivision on a case-by-case basis if the household’s failure to meet the requirement was due to circumstances beyond the household’s control, or where non-renewal is likely to result in the household’s entry into shelter.

   (5) If a household has transferred to the LINC V program after being in receipt of LINC VI rental assistance, the time the household participated in the LINC VI program shall be considered time in the LINC V program for purposes of renewal. If the effective date of the first lease or rental agreement for the residence towards which LINC V rental assistance shall be applied is not more than ten months after the start of the household’s current year of participation in the LINC VI program, then the household’s current year of LINC rental assistance shall begin anew on the effective date of such lease or rental agreement. If the effective date of the first lease or rental agreement for the residence towards which LINC V rental assistance shall be applied is more than ten months after the start of the household’s current year of participation in the LINC VI program, then the household’s next year of LINC rental assistance shall begin on the effective date of such lease or rental agreement.

§ 7-14 Maximum Rents and Calculation of Monthly Program Participant Contributions and Rental Assistance Amounts.

(a) Apartment Rentals.

   (1) Where a household certified to receive or receiving LINC IV or LINC V rental assistance enters into a lease for an apartment, during the first year of the lease, the maximum monthly rent of such apartment must not exceed the amounts set forth in the table below, except that HRA may make exceptions on a case-by-case basis if the rent: (i) is reasonable in relation to current rents for comparable units in the private unassisted market; (ii) is not in excess of current rents for the owner’s comparable non-luxury unassisted units; and (iii) does not exceed the 2014 New York City Housing Authority Section 8 Voucher Payment Standards for the same type of unit; provided, however, that if HRA determines that due to current market conditions, it is unlikely that households consisting of five or more individuals will be able to secure housing within the next 90 days at the rents otherwise permitted under this subdivision, HRA may in its discretion increase the allowable maximum rents for such households to up to 130 percent of the 2014 New York City Housing Authority Section 8 Voucher Payment Standards for units for the household size. If HRA makes any exceptions pursuant to this subdivision, HRA shall pay the difference between the approved rent and the maximum rent amount set forth in the table below.

Household Size 1 2 3 4 5 6 7 8
Maximum Rent for LINC IV $1,028 $1,028 $1,200 $1,257 $1,428 $1,542 $1,599 $1,714
Maximum Rent for LINC V $914 $1,028 $1,200 $1,257 $1,428 $1,542 $1,599 $1,714

~

   (2) A program participant contribution of thirty percent of the household’s total monthly gross income at the time of certification or renewal, plus the amount of any increases in the rent permitted under paragraph (2) of subdivision (l) of 68 RCNY § 7-17 that are above the household’s allowable rent as determined pursuant to paragraph (1) of this subdivision, will be required and will be paid by the household directly to the landlord each month. Such payments will be deducted from the monthly rent to determine the monthly rental assistance amount. HRA shall pay the monthly rental assistance amount directly to the landlord each month for so long as the program participant’s household remains eligible and funding for the program remains available, except that HRA may in its discretion pay one year of rental assistance payments in advance to a landlord who has entered into a lease with a program participant for a unit that was used as DHS shelter immediately prior to lease signing.

  1. Room Rentals.

   (1) Where a household certified to receive or receiving LINC IV or LINC V rental assistance enters into a rental agreement for a single room with a landlord or a primary tenant, the monthly rent of such single room must not exceed $800, except that HRA may make exceptions on a case-by-case basis if the rent is reasonable in relation to current rents for comparable units in the private unassisted market. It is further provided that:

      (A) Where the rental agreement is with a primary tenant who receives Public Assistance, the household’s monthly rent cannot exceed the difference between the primary tenant’s rent obligation to the landlord and the primary tenant’s shelter allowance under Section 352.3 of Title 18 of the New York Codes, Rules and Regulations at the time of the effective date of the rental agreement; and

      (B) In no event shall the household’s monthly rent exceed the household’s proportionate share of the rent for the entire residence. The determination of what constitutes the household’s proportionate share of the rent shall be based on the formula set forth in Section 2525.7 of Title 9 of the New York Code of Rules and Regulations or a comparable measure.

   (2) A program participant contribution of thirty percent of the household’s total gross income at the time of certification will be required and will be paid by the household directly to the landlord or primary tenant, as applicable, each month. The program participant contribution will be deducted from the household’s monthly rent to determine the monthly rental assistance amount. HRA shall pay the monthly rental assistance amount directly to the landlord or the primary tenant, as applicable, each month for so long as the program participant’s household remains eligible and funding for the program remains available.

§ 7-15 Moves.

(a) A household receiving LINC IV or LINC V rental assistance may not move to a new residence and maintain eligibility for LINC rental assistance except with the approval of HRA. The program participant must obtain such approval prior to moving to a new residence, provided that HRA may consider a request for approval made after the move if a program participant is unable to obtain such approval prior to the move due to circumstances beyond the program participant's control.
  1. HRA shall grant approval for a move if the household is moving from a room to an apartment, unless the program participant is breaking a lease for the room, in which case the program participant must establish either good cause for the move or that the landlord is willing to release the household from the lease. In all other situations, HRA shall grant approval for a move from one residence to another residence only upon a showing by the program participant that there is good cause for the move. If the requested move is to a residence with a higher rent than the rent for the current residence, approval will also be subject to the availability of funding.
  2. If HRA has approved a move to a new residence, HRA shall recalculate the monthly program participant contribution and monthly rental assistance amount and those amounts shall not change for one year from the effective date of the lease or other rental agreement for the new residence, regardless of changes in income or household composition. If the effective date of the lease or rental agreement for the new residence is not more than ten months after the start of the household’s current year of participation in the program, then the household’s current year of LINC rental assistance shall begin anew on the effective date of such lease or rental agreement. If the effective date of the lease or rental agreement for the new residence is more than ten months after the start of the household’s current year of participation in the program and the household is eligible for renewal of LINC assistance, then the household’s renewal period shall begin on the effective date of such lease or rental agreement.

§ 7-16 Agency Review Conference and HRA Administrative Appeal Process.

(a) Right to HRA Administrative Review. A Homeless Adult or LINC IV or LINC V program participant may request an agency review conference and/or an HRA administrative hearing to seek review of any determinations or actions made by DHS and/or HRA under this subchapter, as well as any failures to act, or failures to act with reasonable promptness, by DHS and/or HRA in implementing the provisions of this subchapter.
  1. Agency Review Conference.

   (1) If a Homeless Adult or LINC IV or LINC V program participant requests an agency review conference, HRA shall informally review and attempt to resolve the issues raised.

   (2) A Homeless Adult or LINC IV or LINC V program participant may request an agency review conference without also requesting an HRA administrative hearing. Requesting an agency review conference will not prevent a Homeless Adult or program participant from later requesting an HRA administrative hearing.

   (3) Except as provided in paragraph (4) of this subdivision, an agency review conference must be requested within sixty days after the challenged determination or action, provided further that if an HRA administrative hearing is scheduled, an agency review conference must be requested reasonably in advance of the scheduled hearing date.

   (4) Notwithstanding paragraph (3) of this subdivision, a request for an agency review conference to review a failure by DHS and/or HRA to issue a certification letter pursuant to subdivision (a) of 68 RCNY § 7-12 or 7-13 may be made at any time prior to the receipt of any such letter.

   (5) A request for an agency review conference will extend the time period to request an HRA administrative hearing as set forth in paragraph (2) of subdivision (c) of this section to sixty days after the date of the agency review conference.

  1. Request for an HRA Administrative Hearing.

   (1) An administrative hearing must be requested in writing. Such written request must be submitted by mail, electronic means or facsimile, or other means as HRA may set forth in an appeals notice.

   (2) Except as provided in paragraph (3) of this subdivision and paragraph (5) of subdivision (b) of this section, a request for an administrative hearing must be made within sixty days after the challenged determination or action.

   (3) A request for an administrative hearing to challenge a failure by DHS and/or HRA to issue a certification letter under subdivision (a) of 68 RCNY § 7-12 or 7-13 may be brought at any time prior to the receipt of any such letter.

  1. Authorized Representative.

   (1) Except where impracticable to execute a written authorization, a person or organization seeking to represent a Homeless Adult or LINC IV or LINC V program participant must have the Homeless Adult’s or program participant’s written authorization to represent him or her at an agency review conference or administrative hearing and to review his or her case record, provided that such written authorization is not required from an attorney retained by such Homeless Adult or program participant. An employee of such attorney will be considered an authorized representative if such employee presents written authorization from the attorney or if such attorney advises HRA by telephone of such employee’s authorization.

   (2) Once HRA has been notified that a person or organization has been authorized to represent a Homeless Adult or LINC IV or LINC V program participant at an agency review conference or administrative hearing, such representative will receive copies of all correspondence sent by HRA to the Homeless Adult or program participant relating to the conference and hearing.

  1. Aid Continuing.

   (1) If a LINC IV or LINC V program participant requests an administrative appeal of a determination by HRA that rental assistance payments issued under 68 RCNY § 7-14 are to be reduced, restricted, suspended or discontinued, or that the program participant’s household is not eligible for renewal pursuant to subdivision (b) of 68 RCNY § 7-12 or 7-13, such program participant shall have the right to continued receipt of LINC IV or LINC V rental assistance payments at the rental assistance amount in effect at the time of the determination until the hearing decision is issued pursuant to subdivision (l) of this section, provided that:

      (A) The program participant requests the administrative appeal within ten days of the mailing of the notice of such determination; and

      (B) The appeal is based on a claim of incorrect computation or an incorrect factual determination.

   (2) There is no right to continued rental assistance payments pursuant to this subdivision where the sole issue on appeal is one of local, State or Federal law or policy, or change in local, State or Federal law.

   (3) Rental assistance payments will not continue pending the issuance of a hearing decision when:

      (A) The LINC IV or LINC V program participant has voluntarily waived his or her right to the continuation of such assistance in writing; or

      (B) The LINC IV or LINC V program participant does not appear at the administrative hearing and does not have a good reason for not appearing.

   (4) If a LINC IV or LINC V program participant requests an additional appeal pursuant to subdivision (m) of this section, rental assistance payments will continue uninterrupted after issuance of the hearing decision until a written decision is issued pursuant to subdivision (l) of this section.

  1. Notice. HRA shall provide the Homeless Adult or LINC IV or LINC V program participant with notice of the date, time, and location of the administrative hearing no fewer than seven calendar days prior to the scheduled date of the administrative hearing, unless the issue underlying the request for an administrative hearing has been resolved and the Homeless Adult or program participant has withdrawn his or her hearing request.
  2. Examination of Case Record. The Homeless Adult or LINC IV or LINC V program participant or his or her authorized representative has the right to examine the contents of his or her LINC program case file and all documents and records that HRA intends to use at the administrative hearing. Upon request by telephone or in writing, HRA shall provide such Homeless Adult or program participant with copies of all such documents, and copies of any additional documents in the possession of HRA and/or DHS that the Homeless Adult or program participant identifies and requests for purposes of preparing for the administrative hearing. HRA shall provide such documents at no charge reasonably in advance of the administrative hearing. If the request for such documents is made less than five business days before the administrative hearing, HRA must provide the Homeless Adult or program participant with copies of such documents no later than at the time of the administrative hearing.
  3. Adjournment. The administrative hearing may be adjourned for good cause by the administrative hearing officer on his or her own motion or at the request of the Homeless Adult or LINC IV or LINC V program participant, HRA, or DHS.
  4. Conduct of Administrative Hearing.

   (1) The administrative hearing shall be conducted by an impartial hearing officer appointed by HRA who shall have the power to administer oaths and issue subpoenas and who shall have no prior personal knowledge of the facts concerning the challenged determination or action.

   (2) The administrative hearing shall be informal, all relevant and material evidence shall be admissible and the legal rules of evidence shall not apply. The administrative hearing shall be confined to the factual and legal issues raised regarding the specific determination(s) for which the administrative hearing was requested.

   (3) The Homeless Adult or LINC IV or LINC V program participant shall have a right to be represented by counsel or other representative, to testify, to produce witnesses to testify, to offer documentary evidence, to offer evidence in opposition to the evidence presented by HRA and DHS, to request that the hearing officer issue subpoenas, and to examine any documents offered by HRA and DHS.

   (4) An audio recording, an audio visual recording or written transcript of the administrative hearing shall be made.

  1. Abandonment of Request for Administrative Hearing.

   (1) HRA will consider an administrative hearing request abandoned if neither the Homeless Adult or LINC IV or LINC V program participant nor his or her authorized representative appears at the administrative hearing, unless either the Homeless Adult or program participant or his or her authorized representative has:

      (A) contacted HRA prior to the administrative hearing to request rescheduling of the administrative hearing; or

      (B) within fifteen calendar days of the scheduled administrative hearing date, contacted HRA and provided a good cause reason for failing to appear at the administrative hearing on the scheduled date.

   (2) HRA will restore the case to the calendar if the Homeless Adult or LINC IV or LINC V program participant or his or her authorized representative has met the requirements of paragraph (1) of this subdivision.

  1. Hearing Record. The recording or written transcript of the hearing, all papers and requests filed in connection with the hearing, and the hearing decision collectively constitute the complete and exclusive record of the administrative hearing.
  2. Hearing Decision.

   (1) The hearing officer shall render a decision based exclusively on the hearing record. The decision must be in writing and must set forth the administrative hearing issues, the relevant facts, and the applicable law, regulations and approved policy, if any, upon which the decision is based. The decision must identify the issues to be determined, make findings of fact, state the reasons for the determinations, and when appropriate, direct HRA to take specific action.

   (2) A copy of the decision, accompanied by written notice to the Homeless Adult or LINC IV or LINC V program participant of the right to further appeal and the procedures for requesting such appeal, will be sent to each of the parties and to their authorized representatives, if any.

  1. Additional Appeal.

   (1) An appeal from a decision of a hearing officer may be made in writing to the Commissioner of HRA or his or her designee provided it is received by HRA through the procedures described in the notice accompanying the hearing decision no later than fifteen business days after HRA sends the hearing officer’s decision. The record before the Commissioner shall consist of the hearing record, the hearing officer’s decision and any affidavits, documentary evidence, or written arguments that the Homeless Adult or LINC IV or LINC V program participant may wish to submit.

   (2) The Commissioner or his or her designee shall render a written decision based on the hearing record and any additional documents submitted by the Homeless Adult or LINC IV or LINC V program participant and HRA or DHS.

   (3) A copy of the decision, accompanied by written notice to the Homeless Adult or LINC IV or LINC V program participant of the right to judicial review, will be sent to each of the parties and to their authorized representatives, if any.

   (4) Upon issuance, the decision of the Commissioner or his or her designee made pursuant to an appeal under this section is final and binding upon HRA and must be complied with by HRA.

§ 7-17 Additional Provisions.

(a) If a household is eligible for more than one LINC rental assistance program under this chapter, HRA and DHS reserve the right to determine, based on administrative and programmatic needs, which LINC program the household will be certified for. HRA and DHS also reserve the right to determine the schedule for release of available funding for the LINC IV and LINC V programs based on administrative and programmatic needs.
  1. Households in the LINC Rental Assistance Programs for Single Adults and Adult Families will be referred to service providers who will assist them with connecting to appropriate services in their communities.
  2. HRA shall provide a household moving expenses, a security deposit voucher equal to one month’s rent, and a broker’s fee equal to up to one month’s rent, if applicable, as set forth in Section 352.6 of Title 18 of the New York Codes, Rules and Regulations, if such household is moving from shelter, is moving from other accommodations and is at risk of shelter entry, or is not residing in a shelter, residence, or other accommodations at the time of entry into the housing to which LINC IV or LINC V rental assistance will be applied.
  3. Rental assistance provided under any of the LINC Rental Assistance Programs for Single Adults and Adult Families cannot be combined with any other rent subsidies other than a Public Assistance shelter allowance provided pursuant to Section 352.3 of Title 18 of the New York Codes, Rules and Regulations, except that HRA may make exceptions on a case-by-case basis.
  4. Households receiving rental assistance under the LINC Rental Assistance Programs for Single Adults and Adult Families that are unable to make their program participant contributions on account of involuntary job loss or other extenuating circumstances may be eligible for emergency rent assistance and arrears under Section 352.7 of Title 18 of the New York Codes, Rules and Regulations.
  5. Waitlists will not be maintained for the LINC Rental Assistance Programs for Single Adults and Adult Families.
  6. Homeless Adults are responsible for identifying potential housing. However, shelter staff may provide assistance to such individuals in their housing search.
  7. A landlord or primary tenant who has entered into a lease or rental agreement with a household receiving LINC IV or LINC V rental assistance is prohibited from demanding, requesting, or receiving any monies, goods or services above the rent or any applicable fees as set forth in the lease or rental agreement regardless of any changes in household composition or income. The cost of heat and hot water must be included in the rent. A landlord or primary tenant who demands, requests or receives any monies, goods or services above the rent or any applicable fees as set forth in the lease or rental agreement will be barred from further participation in any HRA rental assistance programs and may be barred from other rental assistance programs administered by the City of New York. Before placing a landlord or primary tenant on a disqualification list, HRA will provide notice to the landlord or primary tenant and an opportunity to object in writing.
  8. If a program participant leaves the apartment or room for which the program participant is receiving LINC IV or LINC V rental assistance due to an eviction or move, the landlord or primary tenant must return any over-payment to HRA.
  9. Any apartment to which LINC IV or LINC V rental assistance is applied pursuant to subdivision (a) of 68 RCNY § 7-14 must pass a City inspection. Section 8 Housing Quality Standards set forth in Section 982.401 of Title 24 of the Code of Federal Regulations will be applied in the inspection process with respect to the physical condition of apartments. The number of persons who can occupy a particular apartment will be evaluated on a case-by-case basis with each household.
  10. Where LINC IV or LINC V rental assistance is applied towards a single room pursuant to subdivision (b) of 68 RCNY § 7-14, the room and the residence containing the room must pass a safety and habitability inspection to be conducted by DHS.
  11. As a condition of participating in the LINC Rental Assistance Programs for Single Adults and Adult Families, a landlord who has entered into a lease for an apartment with a household receiving LINC IV or LINC V rental assistance shall be required to:

   (1) renew a participating household’s lease for a second year at the same monthly rent as provided for in the first year provided that: (A) funding for the applicable LINC Rental Assistance Program remains available and the household has been found eligible for a second year of the program, or (B) the household is able to pay its entire rent for a second year; and

   (2) after the second year and after each subsequent year that the household participates in the program, renew a participating household’s lease at the same total monthly rent provided for as in the previous year, increased by a percentage no greater than that allowed at that time for one-year leases for rent-stabilized apartments in New York City, regardless of whether the housing is subject to rent stabilization, provided that: (A) funding for the applicable program remains available and the participating household has been found eligible for the applicable year of the program, or (B) the participating household is able to pay its entire rent for the applicable year.

  1. As a condition of participating in the LINC Rental Assistance Programs for Single Adults and Adult Families, a landlord or primary tenant who has entered into a lease or rental agreement for a room with a household receiving LINC IV or LINC V rental assistance shall be prohibited from raising the rent for one year from the effective date of the lease or rental agreement, regardless of changes in household composition or changes in the primary tenant’s rent obligations.
  2. If a household certified to receive LINC IV or LINC V rental assistance includes a person under eighteen years of age, such rental assistance may not be applied towards a room rental.
  3. LINC IV and LINC V rental assistance shall not be applied to any residence outside the City of New York.

Subchapter C: LINC VI

§ 7-18 Definitions.

For the purposes of this subchapter, the following terms shall have the following meanings:

  1. The “household” means the individuals who have applied for or are in receipt of LINC VI rental assistance pursuant to this subchapter, regardless of eligibility for public assistance.
  2. The “host family” means all individuals, other than the household, who are residing or who intend to reside in the residence towards which the LINC VI rental assistance payments will be applied. A host family shall include the primary occupant and may consist of a single individual.
  3. The “Living in Communities Family and Friend Reunification Rental Assistance Program” or “LINC VI Rental Assistance Program” means the rental assistance program established pursuant to this subchapter.
  4. A “program participant” means a household member who has entered into an agreement for housing to which LINC VI rental assistance payments have been or are being applied.
  5. A “primary occupant” is the person who has the primary responsibility for payment of the monthly rent for the residence towards which the LINC VI rental assistance payments will be applied or the owner of such residence. The primary occupant must reside in such residence.

§ 7-19 Administration of the LINC VI Rental Assistance Program.

HRA shall administer the LINC VI Rental Assistance Program, except that HRA shall make in consultation with DHS initial eligibility determinations pursuant to paragraph (1) of subdivision (a) of 68 RCNY § 7-20 for households residing in a DHS Shelter.

§ 7-20 Initial Eligibility and Renewals.

(a) Initial Eligibility for the LINC VI Rental Assistance Program.

   (1) To be eligible for an initial year of LINC VI rental assistance, a household must meet the following eligibility requirements:

      (A) The household must include at least one member who receives Public Assistance, and all household members who are eligible for Public Assistance must receive such benefits.

      (B) The household must include:

         (i) a child who meets the criteria set forth in Section 369.2(c) of Title 18 of the New York Codes, Rules and Regulations or a pregnant woman and at least one member who:

            (I) is eligible for shelter as determined by DHS pursuant to Parts 351 and 352 of Title 18 of the New York Codes, Rules and Regulations or as determined by HRA pursuant to Sections 452.2(g) and 452.9 of Title 18 of the New York Codes, Rules and Regulations;

            (II) currently resides in the City shelter system; and

            (III) resided in the City shelter system for at least ninety consecutive days, excluding gaps of up to three calendar days;

         (ii) a member who meets the description set forth in paragraph (1) of subdivision (b) of 68 RCNY § 7-10 and resided in a shelter operated by or on behalf of DHS for any period of time between May 1, 2015 and July 31, 2015; or

         (iii) a member who meets the description set forth in paragraph (2), (3), or (4) of subdivision (b) of 68 RCNY § 7-10.

      (C) The household must have identified a host family, consisting of relatives or friends of the household who live in the City of New York, that has agreed to permit the household to reside in its residence and to receive a monthly rent payment from the household that does not exceed the applicable maximum rent set forth in the table in subdivision (a) of 68 RCNY § 7-21.

      (D) The host family and the host family’s residence must meet the requirements of subdivision (j) of 68 RCNY § 7-24.

      (E) The household must have total gross income that does not exceed 200 percent of the federal poverty level as established annually by the U.S. Department of Health and Human Services.

   (2) HRA may waive the requirement, as applicable, for the inclusion of a household member who meets the requirements set forth in items (I)-(III) of clause (i) of subparagraph (8) of paragraph (1) of this subdivision if the household includes at least one member who:

      (i) exited the City shelter system no more than ten days before the household member’s most recent application for shelter; and

      (ii) on the date of the household member’s most recent exit from the City shelter system, would have met the requirements set forth in items (I)-(III) of clause (i) of subparagraph (8) of paragraph (1) of this subdivision.

   (3) The number of eligible households that can be approved to receive LINC VI rental assistance will be limited by the amount of available funding. Applications must be submitted on a form and in a format established by HRA in consultation with DHS.

  1. Renewals after the First Year.

   (1) Subject to the availability of funding, a household in receipt of LINC VI rental assistance will receive four one-year renewals of such assistance if it meets the following continued eligibility requirements:

      (A) The household’s total gross income does not exceed 200 percent of the federal poverty level as established annually by the U.S. Department of Health and Human Services;

      (B) Where such activities are made available to the household, at least one member of the household must be continually engaged in ongoing case management activities designed to assist the household member in obtaining, maintaining and/or enhancing employment or to secure any benefits for which such member or household is eligible; and

      (C) All members of the household eligible for Public Assistance must receive Public Assistance.

   (2) HRA will determine a household’s eligibility for renewal of LINC VI rental assistance at the end of each year of the household’s participation in the program, subject to the availability of funding. Before the start of each one-year renewal, HRA will recalculate the household’s monthly rental assistance amount pursuant to 68 RCNY § 7-21. Except as provided in 68 RCNY § 7-22, the monthly rental assistance amount will not change during the one-year renewal period.

   (3) HRA in its discretion may waive any of the requirements set forth in paragraph (1) of this subdivision on a case-by-case basis if the household’s failure to meet the requirement was due to circumstances beyond the household’s control, or where non-renewal is likely to result in the household’s entry into shelter.

§ 7-21 Maximum Monthly Rent Obligations and Calculation of Rental Assistance Amounts.

(a) Maximum Monthly Rent.

   (1) The household’s monthly rent shall not exceed the amounts set forth in the table below:

Household Size 1 - 2 3 - 4 5 or more
Maximum Rent $650 $750 $1,000

~

   (2) Where the primary occupant receives Public Assistance, the household’s monthly rent cannot exceed the difference between the primary occupant’s payment obligation for the residence and the primary occupant’s shelter allowance under Section 352.3 of Title 18 of the New York Codes, Rules and Regulations at the time of the effective date of the household’s lease or rental agreement.

   (3) In no event shall the household’s monthly rent exceed the household’s proportionate share of the rent for the residence. The determination of what constitutes the household’s proportionate share of the rent shall be based on the formula set forth in Section 2525.7 of Title 9 of the New York Code of Rules and Regulations or a comparable measure.

  1. Rental Assistance Amount.

   (1) The monthly rental assistance amount shall be equal to the household’s monthly rent.

   (2) HRA shall pay the monthly rental assistance amount directly to the primary occupant of the residence, each month for so long as the household remains eligible, the household continues to reside in the residence, and funding for the program remains available.

§ 7-22 Moves.

(a) A household receiving LINC VI rental assistance may not move to a new residence and maintain eligibility for LINC VI rental assistance except with the approval of HRA and provided that the move must be to a residence within the City of New York. The program participant must obtain such approval prior to moving to a new residence, provided that HRA may consider a request for approval made after the move if a program participant is unable to obtain such approval prior to the move due to circumstances beyond the program participant's control. If the household is moving with its current host family to a new residence. HRA shall grant approval for the move. In all other situations, HRA shall grant approval for a move from one residence to another residence only if the program participant shows that there is good cause for the move. If the requested move would result in an increase in the household's monthly rent, approval will also be subject to the availability of funding.
  1. If HRA has approved a move to a new residence, HRA shall recalculate the monthly rental assistance amount and that amount shall not change for one year from the effective date of the lease or rental agreement for the new residence. If the effective date of the lease or rental agreement for the new residence is not more than ten months after the start of the household’s current year of participation in the program, then the household’s current year of LINC VI rental assistance shall begin anew on the effective date of such lease or rental agreement. If the effective date of the lease or rental agreement for the new residence is more than ten months after the start of the household’s current year of participation in the program and the household is eligible for renewal of LINC VI assistance, then the household’s renewal period shall begin on the effective date of such lease or rental agreement.

§ 7-23 Agency Review Conference and HRA Administrative Appeal Process.

(a) Right to HRA Administrative Review. An applicant or LINC VI program participant may request an agency review conference and/or an HRA administrative hearing to seek review of any determinations or actions made by DHS and/or HRA under this subchapter, as well as any failures to act, or failures to act with reasonable promptness, by DHS and/or HRA in implementing the provisions of this subchapter.
  1. Agency Review Conference.

   (1) If an applicant or LINC VI program participant requests an agency review conference, HRA shall informally review and attempt to resolve the issues raised.

   (2) An applicant or LINC VI program participant may request an agency review conference without also requesting an HRA administrative hearing. Requesting an agency review conference will not prevent an applicant or program participant from later requesting an HRA administrative hearing.

   (3) An agency review conference must be requested within sixty days after the challenged determination or action, provided that if an HRA administrative hearing is scheduled, an agency review conference must be requested reasonably in advance of the scheduled hearing date.

   (4) A request for an agency review conference will extend the time period to request an HRA administrative hearing as set forth in paragraph (2) of subdivision (c) of this section to sixty days after the date of the agency review conference.

  1. Request for an HRA Administrative Hearing.

   (1) An administrative hearing must be requested in writing. Such written request must be submitted by mail, electronic means or facsimile, or other means as HRA may set forth in an appeals notice.

   (2) Except as provided in paragraph (4) of subdivision (b) of this section, a request for an administrative hearing must be made within sixty days after the challenged determination or action.

  1. Authorized Representative.

   (1) Except where impracticable to execute a written authorization, a person or organization seeking to represent an applicant or LINC VI program participant must have the applicant’s or program participant’s written authorization to represent him or her at an agency review conference or administrative hearing and to review his or her case record, provided that such written authorization is not required from an attorney retained by such applicant or program participant. An employee of such attorney will be considered an authorized representative if such employee presents written authorization from the attorney or if such attorney advises HRA by telephone of such employee’s authorization.

   (2) Once HRA has been notified that a person or organization has been authorized to represent an applicant or LINC VI program participant at an agency review conference or administrative hearing, such representative will receive copies of all correspondence sent by HRA to the applicant or program participant relating to the conference and hearing.

  1. Continued Assistance.

   (1) If a LINC VI program participant requests an administrative appeal of a determination by HRA that rental assistance payments issued under 68 RCNY § 7-21 are to be reduced, restricted, suspended or discontinued, or that the program participant’s household is not eligible for renewal pursuant to subdivision (b) of 68 RCNY § 7-20, such program participant shall have the right to continued receipt of LINC VI rental assistance payments at the rental assistance amount in effect at the time of the determination until the hearing decision is issued pursuant to subdivision (I) of this section, provided that:

      (A) The program participant requests the administrative appeal within ten days of the mailing of the notice of such determination; and

      (B) The appeal is based on a claim of incorrect computation or an incorrect factual determination.

   (2) There is no right to continued rental assistance payments pursuant to this subdivision where the sole issue on appeal is one of local, State or Federal law or policy, or change in local, State or Federal law.

   (3) Rental assistance payments will not continue pending the issuance of a hearing decision when:

      (A) The LINC VI program participant has voluntarily waived his or her right to the continuation of such assistance in writing; or

      (B) The LINC VI program participant does not appear at the administrative hearing and does not have a good cause reason for not appearing.

   (4) If a LINC VI program participant requests an additional appeal pursuant to subdivision (m) of this section, rental assistance payments will continue uninterrupted after issuance of the hearing decision until a written decision is issued pursuant to such subdivision.

  1. Notice. HRA shall provide the applicant or LINC VI program participant with notice of the date, time, and location of the administrative hearing no fewer than seven calendar days prior to the scheduled date of the administrative hearing, unless the issue underlying the request for an administrative hearing has been resolved and the applicant or program participant has withdrawn his or her hearing request.
  2. Examination of Case Record. The applicant or LINC VI program participant or his or her authorized representative has the right to examine the contents of his or her LINC program case file and all documents and records that HRA intends to use at the administrative hearing. Upon request by telephone or in writing, HRA shall provide such applicant or program participant with copies of all such documents, and copies of any additional documents in the possession of HRA and/or DHS that the applicant or program participant identifies and requests for purposes of preparing for the administrative hearing. HRA shall provide such documents at no charge reasonably in advance of the administrative hearing. If the request for such documents is made less than five business days before the administrative hearing, HRA must provide the applicant or program participant with copies of such documents no later than at the time of the administrative hearing.
  3. Adjournment. The administrative hearing may be adjourned for good cause by the administrative hearing officer on his or her own motion or at the request of the applicant or LINC VI program participant, HRA, or DHS.
  4. Conduct of Administrative Hearing.

   (1) The administrative hearing shall be conducted by an impartial hearing officer appointed by HRA who shall have the power to administer oaths and issue subpoenas and who shall have no prior personal knowledge of the facts concerning the challenged determination or action.

   (2) The administrative hearing shall be informal, all relevant and material evidence shall be admissible and the legal rules of evidence shall not apply. The administrative hearing shall be confined to the factual and legal issues raised regarding the specific determination(s) for which the administrative hearing was requested.

   (3) The applicant or LINC VI program participant shall have a right to be represented by counsel or other representative, to testify, to produce witnesses to testify, to offer documentary evidence, to offer evidence in opposition to the evidence presented by HRA and DHS, to request that the hearing officer issue subpoenas, and to examine any documents offered by HRA and DHS.

   (4) An audio recording, an audio visual recording or written transcript of the administrative hearing shall be made.

  1. Abandonment of Request for Administrative Hearing.

   (1) HRA will consider an administrative hearing request abandoned if neither the applicant or LINC VI program participant nor his or her authorized representative appears at the administrative hearing, unless either the applicant or program participant or his or her authorized representative has:

      (A) contacted HRA prior to the administrative hearing to request rescheduling of the administrative hearing; or

      (B) within fifteen calendar days of the scheduled administrative hearing date, contacted HRA and provided a good cause reason for failing to appear at the administrative hearing on the scheduled date.

   (2) HRA will restore the case to the calendar if the applicant or LINC VI program participant or his or her authorized representative has met the requirements of paragraph (1) of this subdivision.

  1. Hearing Record. The recording or written transcript of the hearing, all papers and requests filed in connection with the hearing, and the hearing decision collectively constitute the complete and exclusive record of the administrative hearing.
  2. Hearing Decision.

   (1) The hearing officer shall render a decision based exclusively on the hearing record. The decision must be in writing and must set forth the administrative hearing issues, the relevant facts, and the applicable law, regulations and approved policy, if any, upon which the decision is based. The decision must identify the issues to be determined, make findings of fact, state the reasons for the determinations, and when appropriate, direct HRA to take specific action.

   (2) A copy of the decision, accompanied by written notice to the applicant or LINC VI program participant of the right to further appeal and the procedures for requesting such appeal, will be sent to each of the parties and to their authorized representatives, if any.

  1. Additional Appeal.

   (1) An appeal from a decision of a hearing officer may be made in writing to the Commissioner of HRA or his or her designee provided it is received by HRA through the procedures described in the notice accompanying the hearing decision no later than fifteen business days after HRA sends the hearing officer’s decision. The record before the Commissioner shall consist of the hearing record, the hearing officer’s decision and any affidavits, documentary evidence, or written arguments that the applicant or LINC VI program participant may wish to submit.

   (2) The Commissioner or his or her designee shall render a written decision based on the hearing record and any additional documents submitted by the applicant or LINC VI program participant and HRA or DHS.

   (3) A copy of the decision, accompanied by written notice to the applicant or LINC VI program participant of the right to judicial review, will be sent to each of the parties and to their authorized representatives, if any.

   (4) Upon issuance, the decision of the Commissioner or his or her designee made pursuant to an appeal under this section is final and binding upon HRA and must be complied with by HRA.

§ 7-24 Additional Provisions.

(a) Households in the LINC VI Rental Assistance Program will be referred to service providers who will assist them with connecting to appropriate services in their communities.
  1. HRA shall provide a household moving from shelter moving expenses and a security deposit voucher equal to one month’s rent to the extent available under Section 352.6 of Title 18 of the New York Codes, Rules and Regulations.
  2. Rental assistance provided under the LINC VI Rental Assistance Program cannot be combined with any other rent subsidies, except on a case-by-case basis.
  3. Waitlists will not be maintained for the LINC VI Rental Assistance Program.
  4. Shelter residents are responsible for identifying potential host families.
  5. A primary occupant who has entered into a lease or rental agreement with a household receiving LINC VI is prohibited from demanding, requesting, or receiving any monies, goods or services above the agreed-upon monthly rental amount. A primary occupant who demands, requests or receives any monies, goods or services above the agreed-upon monthly rental amount will be barred from further participation in any HRA rental assistance programs and may be barred from other rental assistance programs administered by the City of New York. Before placing a primary occupant on a disqualification list. HRA will provide notice to the primary occupant and opportunity for the primary occupant to object in writing.
  6. As a condition of participating in the LINC Family and Friend Reunification Rental Assistance Program, a primary occupant who has entered into a lease or rental agreement with a household receiving LINC VI rental assistance is prohibited from raising the household’s monthly rent for one year from the effective date of the lease or rental agreement.
  7. The program participant must promptly inform HRA if any new person moves into the residence towards which LINC VI rental assistance payments are being applied.
  8. If a program participant is evicted or moves from the residence to which LINC VI rental assistance payments have been or are being applied, the primary occupant must return any over-payment to HRA.
  9. Any residence to which LINC VI rental assistance shall be applied must pass a safety and habitability inspection. Additionally, if the household includes a member who is under eighteen years of age, the host family must pass a clearance that shall include, at a minimum, an evaluation of any information contained in the Statewide Central Register of Child Abuse and Maltreatment concerning any family member and whether any host family member is registered as a sex offender pursuant to Article 6-C of the New York Correction Law.

Chapter 8: CITYFEPS Programs; SEPS Program

Subchapter A: CITYFEPS Programs

§ 8-01 Definitions.

For the purposes of this subchapter, the following terms have the following meanings:

  1. The “CITYFEPS Programs” or “CITYFEPS” means the City Family Eviction Prevention Supplement Program and the City Family Exit Plan Supplement Program described in this chapter.
  2. “CITYFEPS rent supplement” means a rent supplement provided pursuant to either the City Family Eviction Prevention Supplement Program or the City Family Exit Plan Supplement Program.
  3. The “City shelter system” means DHS Shelters and HRA Shelters.
  4. “DHS Shelter” means a shelter for families with children or adult families operated by or on behalf of the New York City Department of Homeless Services.
  5. “Gross income” means the sum of earned income, as defined and computed as set forth in Section 352.17 of Title 18 of the New York Codes, Rules and Regulations, except that earned income does not include income earned through subsidized employment, and unearned income, as defined and computed as set forth in Section 387.10 of Title 18 of the New York Codes, Rules and Regulations, except that unearned income shall only include such income that is regularly recurring.
  6. The “household” means the individuals who have applied for, have had an application submitted on their behalf for, or are in receipt of CITYFEPS rent supplement payments pursuant to this chapter, regardless of their eligibility for Public Assistance.
  7. “HRA” means the New York City Human Resources Administration.
  8. “HRA Shelter” means a domestic violence shelter operated by or on behalf of HRA pursuant to Part 452 of Title 18 of the New York Codes, Rules and Regulations.
  9. “HUD” means the United States Department of Housing and Urban Development.
  10. A “program participant” means an individual who has entered into a lease or other rental agreement for a residence to which CITYFEPS rent supplement payments have been or are being applied.
  11. “Public Assistance” means benefits, including monthly grants and shelter allowances, issued under the Family Assistance program pursuant to New York Social Services Law § 349 and/or the Safety Net Assistance program pursuant to New York Social Services Law § 159, and regulations promulgated thereunder.
  12. “Subsidized employment” means subsidized private sector employment or subsidized public sector employment as those terms are used in New York Social Services Law § 336(1)(b)-(c).

§ 8-02 Administration of the CITYFEPS Programs.

HRA shall administer the CITYFEPS Programs and shall make eligibility determinations in accordance with this subchapter.

§ 8-03 The City Family Eviction Prevention Supplement Program.

(a) Initial Eligibility.

   (1) To be eligible for the City Family Eviction Prevention Supplement Program, a household must meet the following eligibility requirements:

      (A) The household must be in receipt of Public Assistance, all members eligible for Public Assistance must be in receipt of such benefits, and HRA must have determined that the household will be eligible for Public Assistance upon exit from shelter;

      (B) The household must include a child who meets the criteria set forth in Section 369.2(c) of Title 18 of the New York Codes, Rules and Regulations or a pregnant woman;

      (C) The household must:

         (i) be eligible for HRA shelter under Section 452.9 of Title 18 of the New York Codes, Rules and Regulations as a victim of domestic violence within the meaning of Section 452.2(g) of Title 18 of the New York Codes, Rules and Regulations and New York Social Services Law§ 459-a, and

            (I) reside in a DHS shelter but have not refused placement in an HRA shelter; or

            (II) reside in an HRA Shelter and have reached the applicable maximum length of stay permitted under New York Social Services Law § 459-b;

         (ii) be eligible for DHS shelter pursuant to Parts 351 and 352 of Title 18 of the New York Codes, Rules and Regulations, be in the City shelter system and, within the twelve months prior to entering the City shelter system, have been evicted or have left a residence located within the City of New York that (a) was the subject of an eviction proceeding; or (b) the household was required to vacate as a result of a vacate order issued by a City agency or a foreclosure action, or for health and safety reasons as determined by a City agency, other than reasons that would make the household eligible for shelter under Section 452.9 of Title 18 of the New York Codes, Rules and Regulations;

         (iii) be at risk of entry into a DHS shelter as determined by HRA in consultation with DHS and within the last twelve months have been evicted or have lived in a residence within the City of New York that (a) was or is the subject of an eviction proceeding; or (b) the household was or is required to vacate as a result of a vacate order issued by a City agency or a foreclosure action, or for health and safety reasons as determined by a City agency, other than reasons that would make the household eligible for shelter under Section 452.9 of Title 18 of the New York Codes, Rules and Regulations: or

         (iv) be in receipt of rental assistance pursuant to subchapter C of chapter 7 of this title and have met the requirements of clauses (i), (ii) or (iii) of this subparagraph at the time the household was approved to receive such rental assistance.

      (D) The household’s Public Assistance benefits must not be reduced pursuant to New York Social Services Law § 342;

      (E) The household must have a lease, or an agreement in writing to rent for at least one year, the residence to which the CITYFEPS rent supplement will be applied and a monthly rent obligation that (i) does not exceed the maximum rent for the household’s size under subdivision (a) of 68 RCNY §8-05 and (ii) is protected from increases for at least one year except as authorized under rent stabilization laws and rules or HUD regulations;

      (F) The residence to which the CITYFEPS rent supplement shall be applied must be located within the City of New York;

      (G) The household must apply for housing assistance pursuant to Section 8 of the United States Housing Act of 1937, if available, and accept the benefit, if offered;

      (H) The household must agree to have its CITYFEPS rent supplement paid directly to the landlord; and

      (I) The household must:

         (i) provide accurate, complete and current information on income and household composition;

         (ii) provide supporting documentation as necessary to verify eligibility and the information needed to determine the CITYFEPS rent supplement amount, maximum rent, and any required contributions by household members; and

         (iii) report to HRA any changes in household income or household composition within ten days of such changes occurring.

   (2) The number of eligible households that can be approved to receive rent supplements under the City Family Eviction Prevention Supplement Program will be limited by the amount of available funding. Applications must be submitted on a form and in a format established by HRA.

   (3) At the time of approval, HRA will calculate, pursuant to 68 RCNY § 8-05, the household’s monthly CITYFEPS rent supplement amount and any contributions required to be made by household members not eligible for Public Assistance. The CITYFEPS rent supplement amount and the amounts of any required contributions are subject to change during the household’s participation in the City Family Eviction Prevention Supplement Program as set forth in 68 RCNY § 8-05.

   (4) In no event shall HRA approve a CITYFEPS rent supplement for a household that includes the perpetrator of the domestic violence that resulted in the determination of eligibility for HRA shelter described in clause (i) of subparagraph (C) of paragraph (1) of this subdivision.

  1. Continued Eligibility. A household’s continued receipt of a rent supplement under the City Family Eviction Prevention Supplement Program is conditioned on the household continuing to meet the requirements of subparagraphs (A), (B), (F), (H), and (I) of paragraph (1) of subdivision (a) of this section and continuing to reside in the residence to which the CITYFEPS supplement is being applied, except as provided in 68 RCNY §8-06.

(Added City Record 7/16/2015, eff. 8/15/2015; amended City Record 12/30/2015, eff. 1/29/2016)

§ 8-04 The City Family Exit Plan Supplement Program.

(a) Initial Eligibility.

   (1) To be eligible for the City Family Exit Plan Supplement Program, a household must meet the following eligibility requirements:

      (A) The household must be in receipt of Public Assistance, all members eligible for Public Assistance must be in receipt of such benefits, and HRA must have determined that the household will be eligible for Public Assistance upon exit from shelter;

      (B) The household must include a child who meets the criteria set forth in Section 369.2(c) of Title 18 of the New York Codes, Rules and Regulations or a pregnant woman;

      (C) The household must reside in a DHS shelter that has been identified for imminent closure or be in receipt of rental assistance pursuant to subchapter C of chapter 7 of this title and at the time the household was approved to receive such rental assistance have resided in a DHS shelter that was identified for imminent closure;

      (D) The household’s Public Assistance benefits must not be reduced pursuant to New York Social Services Law § 342;

      (E) The household must have a lease, or an agreement in writing to rent for at least one year, the residence to which the CITYFEPS rent supplement will be applied and must have a monthly rent obligation that (i) does not exceed the maximum rent for the household’s size under subdivision (a) of 68 RCNY § 8-05
and (ii) is protected from increases for at least one year except as authorized under rent stabilization laws and rules or HUD regulations;

      (F) The residence to which the CITYFEPS rent supplement shall be applied must be located within the City of New York;

      (G) The household must apply for housing assistance pursuant to Section 8 of the United States Housing Act of 1937, if available, and accept the benefit, if offered;

      (H) The household must agree to have its CITYFEPS rent supplement paid directly to the landlord; and

      (I) The household must:

         (i) provide accurate, complete and current information on income and household composition;

         (ii) provide supporting documentation as necessary to verify eligibility and the information needed to determine the CITYFEPS rent supplement amount, maximum rent, and any required contributions by household members; and

         (iii) report to HRA any changes in household income or household composition within ten days of such changes occurring.

   (2) The number of eligible households that can be approved to receive rent supplements under the City Family Exit Plan Supplement Program will be limited by the amount of available funding. Applications must be submitted on a form and in a format established by HRA.

   (3) At the time of approval, HRA will calculate, pursuant to 68 RCNY § 8-05
, the household’s monthly CITYFEPS rent supplement amount and any contributions required to be made by household members not eligible for Public Assistance. The CITYFEPS rent supplement amount and the amounts of any required contributions are subject to change during the household’s participation in the CITYFEPS program as set forth in 68 RCNY § 8-05 .
  1. Continued Eligibility. A household’s continued receipt of a rent supplement under the City Family Exit Plan Supplement Program is conditioned on the household continuing to meet the requirements of subparagraphs (A), (B), (F), (H), and (I) of paragraph (1) of subdivision (a) of this section and continuing to reside in the residence to which the CITYFEPS rent supplement is being applied, except as provided in 68 RCNY §8-06.

(Added City Record 7/16/2015, eff. 8/15/2015; amended City Record 12/30/2015, eff. 1/29/2016)

§ 8-05 Maximum Rents and Calculation of Monthly Program Participant Contributions and Rent Supplement Amounts.

(a) Except as otherwise provided in this section, at the time of approval pursuant to paragraph (2) of subdivision (a) of 68 RCNY §8-03 or 8-04, the maximum CITYFEPS rent supplement amount and the maximum rent towards which CITYFEPS rent supplements may be applied shall not exceed the amounts set forth in the table below.
Household Size 1 2 3 4 5 6 7 8
Maximum Rent $1,213 $1,268 $1,515 $1,515 $1,956 $1,956 $2,197 $2,197
Maximum CITYFEPS Rent Supplement $936 $985 $1,115 $1,065 $1,455 $1,432 $1,651 $1,651

~

  1. Except as provided in subdivision (h) of this section, for the purposes of subdivision (a) of this section, the household size equals the number of household members in receipt of Public Assistance.
  2. Except as provided in subdivisions (e) and (f) of this section, and provided the household remains eligible for a CITYFEPS rent supplement, the CITYFEPS rent supplement amount shall be the household’s actual rent less the sum of (1) any contributions required to be made in accordance with the provisions of subdivision (g) of this section, and (2) the standard Public Assistance shelter allowance as set forth in Section 352.3(a)(1) of Title 18 of the New York Codes, Rules and Regulations for the number of members in the household in receipt of Public Assistance, provided that the CITYFEPS rent supplement amount shall not exceed the maximum CITYFEPS rent supplement amount for the household size as set forth in subdivision (a) of this section. If the actual rent exceeds the sum of the CITYFEPS rent supplement amount and the standard Public Assistance shelter allowance, the household shall pay directly to the landlord the amount that the actual rent exceeds such sum.
  3. If a household in receipt of a CITYFEPS rent supplement receives a Public Assistance shelter allowance less than the standard Public Assistance shelter allowance set forth in Section 352.3(a)(1) of Title 18 of the New York Codes, Rules and Regulations, the household shall pay directly to the landlord the difference between the standard Public Assistance shelter allowance amount and the Public Assistance shelter allowance amount that the household receives.
  4. If the household’s Public Assistance benefits are reduced pursuant to New York Social Services Law § 342, the CITYFEPS rent supplement amount will be reduced using the same rule applied to reduce the Public Assistance benefits. The CITYFEPS rent supplement amount will be so reduced for the duration of the Public Assistance benefits reduction and shall be reinstated at the expiration of the Public Assistance benefits reduction. The household shall pay any reduction amounts directly to the landlord.
  5. If a household is in receipt of the maximum CITYFEPS rent supplement amount and the household’s monthly rent obligation increases above the applicable maximum rent set forth in subdivision (a) of this section, the household shall pay the amount of the rent increase directly to the landlord. In the event of such a rent increase, HRA may make exceptions to the maximum CITYFEPS rent supplement amount on a case-by-case basis
  6. A member of the household who is not in receipt of Public Assistance and who receives income, earned or unearned, must contribute a pro rata share of the rent or thirty percent of his or her gross income, whichever is less, towards rent. A person ineligible for Public Assistance on the basis of his or her immigration status shall not be included in the household for purposes of determining the maximum rent or maximum CITYFEPS rent supplement amount as set forth in subdivision (a) of this section and will not be subject to the program participant contribution requirement as set forth in this subdivision. If the household contains an individual contributing a pro rata share of rent or thirty percent of his or her gross income, the household’s maximum rent shall be equal to the lesser of: (1) the sum of the maximum rent for the household size as determined pursuant to subdivision (b) of this section and such individual’s required contribution, or (2) the maximum rent for the household if the household size were increased by one. Such individual’s contribution shall be deducted from the household’s actual rent for the purposes of determining the CITYFEPS rent supplement amount as set forth in subdivision (c) of this section.
  7. When an individual ineligible for Public Assistance on the basis of his or her immigration status has income that must be taken into consideration in calculating Public Assistance pursuant to New York Social Services Law § 131-a, such individual shall be included in the household for purposes of determining the maximum rent but shall not be included in the household for purposes of determining the maximum CITYFEPS rent supplement amount as set forth in subdivision (a) of this section and will not be subject to the program participant contribution requirement set forth in subdivision (g) of this section.
  8. A CITYFEPS rent supplement amount and any contributions required by subdivision (g) of this section shall be increased or decreased as a result of changes in a household’s income, composition, or rent, provided that such increased or decreased rent supplement amount and contributions are calculated in accordance with the provisions of this section. Program participants shall promptly inform HRA of changes in income, household composition, or rent. Program participants will receive a notice from HRA of any change in their CITYFEPS rent supplement amount and required contributions.
  9. HRA shall pay the CITYFEPS rent supplement directly to the landlord each month for so long as the program participant’s household remains eligible and funding for the program remains available, except that HRA may in its discretion pay one year of rent supplement payments in advance to a landlord who has entered into a lease with a program participant for a unit that was used as DHS shelter immediately prior to lease signing. Notwithstanding any inconsistent provisions of this section, (i) any such advance rent supplement payments shall be calculated based on the household size at the time of lease signing and (ii) if the household’s rent supplement amount would otherwise have been reduced under this section during the year in which rent supplement payments have been paid in advance, the household is required to pay the difference to HRA. If the household does not pay such difference to HRA during the year in which rent supplement payments have been paid in advance, HRA shall have the right to recover such difference from the household.
  10. Notwithstanding any inconsistent provision of this section, if HRA determines that due to current market conditions, it is unlikely that households consisting of five or more individuals will be able to secure housing within the next 90 days at the rents otherwise permitted under this section, HRA may in its discretion increase the maximum rent towards which CITYFEPS rent supplements may be applied pursuant to subdivision (a) of this section to up to 130 percent of the 2014 New York City Housing Authority Section 8 Voucher Payment Standards for units for the household size.

(Added City Record 7/16/2015, eff. 8/15/2015; amended City Record 10/20/2015, eff. 11/19/2015)

§ 8-06 Moves.

(a) A household receiving a CITYFEPS rent supplement may not move to a new residence and maintain eligibility for a CITYFEPS rent supplement except with the prior approval of HRA. HRA shall grant such approval if:
   (1) The new monthly rent obligation does not exceed the maximum rent for the household’s size under subdivision (a) of 68 RCNY § 8-05
and is protected from increases for at least one year except as authorized under rent stabilization laws and rules or HUD regulations; and
   (2) The need for the move is a direct result of: (A) the household’s inability to pay required contributions pursuant to subdivision (g) of 68 RCNY § 8-05
due to changes in the household’s income, composition or rent obligations; (B) a vacate order issued by a City agency or court; or (C) a documented health and safety concern or other good cause, as determined by HRA on a case-by-case basis.
  1. If HRA has approved a move to a new residence, HRA shall recalculate the monthly CITYFEPS rent supplement amount and program participant contribution pursuant to 68 RCNY § 8-05
    .

(Added City Record 7/16/2015, eff. 8/15/2015)

§ 8-07 Restoration.

If a household becomes ineligible for CITYFEPS because it has become ineligible for Public Assistance as a result of excess income or for reasons other than pursuant to New York Social Services Law § 342, the household may have its CITYFEPS rent supplement restored if (a) the household continues to reside in the address in which it resided at the time its Public Assistance benefits ceased; and (b) its Public Assistance benefits are reinstated within twelve months after such benefits ceased.

(Added City Record 7/16/2015, eff. 8/15/2015)

§ 8-08 Agency Review Conference and HRA Administrative Appeal Process.

(a) Right to HRA Administrative Review. An applicant or program participant may request an agency review conference and/or an HRA administrative hearing to seek review of any determinations or actions made by HRA under this subchapter, as well as any failures to act, or failures to act with reasonable promptness, by HRA in implementing the provisions of this subchapter.
  1. Agency Review Conference.

   (1) If an applicant or program participant requests an agency review conference, HRA shall informally review and attempt to resolve the issues raised.

   (2) An applicant or program participant may request an agency review conference without also requesting an HRA administrative hearing. Requesting an agency review conference will not prevent an applicant or program participant from later requesting an HRA administrative hearing.

   (3) An agency review conference must be requested within sixty days after the challenged determination or action, provided further that if an HRA administrative hearing is scheduled, an agency review conference must be requested reasonably in advance of the scheduled hearing date.

   (4) A request for an agency review conference will extend the time period to request an HRA administrative hearing as set forth in paragraph (2) of subdivision (c) of this section to sixty days after the date of the agency review conference.

  1. Request for an HRA Administrative Hearing.

   (1) An administrative hearing must be requested in writing. Such written request must be submitted by mail, electronic means or facsimile, or other means as HRA may set forth in an appeals notice.

   (2) Except as provided in paragraph (4) of subdivision (b) of this section, a request for an administrative hearing must be made within sixty days after the challenged determination or action.

  1. Authorized Representative.

   (1) Except where impracticable to execute a written authorization, a person or organization seeking to represent an applicant or program participant must have the applicant’s or program participant’s written authorization to represent him or her at an agency review conference or administrative hearing and to review his or her case record, provided that such written authorization is not required from an attorney retained by such applicant or program participant. An employee of such attorney will be considered an authorized representative if such employee presents written authorization from the attorney or if such attorney advises HRA by telephone of such employee’s authorization.

   (2) Once HRA has been notified that a person or organization has been authorized to represent an applicant or program participant at an agency review conference or administrative hearing, such representative will receive copies of all correspondence sent by HRA to the applicant or program participant relating to the conference and hearing.

  1. Aid Continuing.

   (1) If a program participant requests an administrative appeal of a determination by HRA that CITYFEPS rent supplement payments are to be reduced, restricted, suspended or discontinued, such program participant shall have the right to continued receipt of CITYFEPS rent supplement payments at the CITYFEPS rent supplement amount in effect at the time of the determination until the hearing decision is issued pursuant to subdivision (l) of this section, provided that:

      (A) The program participant requests the administrative appeal within ten days of the mailing of the notice of such determination; and

      (B) The appeal is based on a claim of incorrect computation or an incorrect factual determination.

   (2) There is no right to continued CITYFEPS rent supplement payments pursuant to this subdivision where the sole issue on appeal is one of local, State or Federal law or policy, or change in local, State or Federal law.

   (3) Rent supplement payments will not continue pending the issuance of a hearing decision when:

      (A) The program participant has voluntarily waived his or her right to the continuation of such assistance in writing; or

      (B) The program participant does not appear at the administrative hearing and does not have a good cause reason for not appearing.

   (4) If a program participant requests an additional appeal pursuant to subdivision (m) of this section, rent supplement payments will continue uninterrupted after issuance of the hearing decision until a written decision is issued pursuant to subdivision (l) of this section.

  1. Notice. HRA shall provide the applicant or program participant with notice of the date, time, and location of the administrative hearing no fewer than seven calendar days prior to the scheduled date of the administrative hearing, unless the issue underlying the request for an administrative hearing has been resolved and the applicant or program participant has withdrawn his or her hearing request.
  2. Examination of Case Record. The applicant or program participant or his or her authorized representative has the right to examine the contents of his or her CITYFEPS program case file and all documents and records that HRA intends to use at the administrative hearing. Upon request by telephone or in writing, HRA shall provide such applicant or program participant with copies of all such documents, and copies of any additional documents in the possession of HRA that the applicant or program participant identifies and requests for purposes of preparing for the administrative hearing. HRA shall provide such documents at no charge reasonably in advance of the administrative hearing. If the request for such documents is made less than five business days before the administrative hearing, HRA must provide the applicant or program participant with copies of such documents no later than at the time of the administrative hearing.
  3. Adjournment. The administrative hearing may be adjourned for good cause by the administrative hearing officer on his or her own motion or at the request of the applicant or program participant, or HRA.
  4. Conduct of Administrative Hearing.

   (1) The administrative hearing shall be conducted by an impartial hearing officer appointed by HRA who shall have the power to administer oaths and issue subpoenas and who shall have no prior personal knowledge of the facts concerning the challenged determination or action.

   (2) The administrative hearing shall be informal, all relevant and material evidence shall be admissible and the legal rules of evidence shall not apply. The administrative hearing shall be confined to the factual and legal issues raised regarding the specific determination(s) for which the administrative hearing was requested.

   (3) The applicant or program participant shall have a right to be represented by counsel or other representative, to testify, to produce witnesses to testify, to offer documentary evidence, to offer evidence in opposition to the evidence presented by HRA, to request that the hearing officer issue subpoenas, and to examine any documents offered by HRA.

   (4) An audio recording, an audio visual recording or written transcript of the administrative hearing shall be made.

  1. Abandonment of Request for Administrative Hearing.

   (1) HRA will consider an administrative hearing request abandoned if neither the applicant or program participant nor his or her authorized representative appears at the administrative hearing, unless either the applicant or program participant or his or her authorized representative has:

      (A) contacted HRA prior to the administrative hearing to request rescheduling of the administrative hearing; or

      (B) within fifteen calendar days of the scheduled administrative hearing date, contacted HRA and provided a good cause reason for failing to appear at the administrative hearing on the scheduled date.

   (2) HRA will restore the case to the calendar if the applicant or program participant or his or her authorized representative has met the requirements of paragraph (1) of this subdivision.

  1. Hearing Record. The recording or written transcript of the hearing, all papers and requests filed in connection with the hearing, and the hearing decision collectively constitute the complete and exclusive record of the administrative hearing.
  2. Hearing Decision.

   (1) The hearing officer shall render a decision based exclusively on the hearing record. The decision must be in writing and must set forth the administrative hearing issues, the relevant facts, and the applicable law, regulations and approved policy, if any, upon which the decision is based. The decision must identify the issues to be determined, make findings of fact, state the reasons for the determinations, and when appropriate, direct HRA to take specific action.

   (2) A copy of the decision, accompanied by written notice to the applicant or program participant of the right to further appeal and the procedures for requesting such appeal, will be sent to each of the parties and to their authorized representatives, if any.

  1. Additional Appeal.

   (1) An appeal from a decision of a hearing officer may be made in writing to the Commissioner of HRA or his or her designee provided it is received by HRA through the procedures described in the notice accompanying the hearing decision no later than fifteen business days after HRA sends the hearing officer’s decision. The record before the Commissioner shall consist of the hearing record, the hearing officer’s decision and any affidavits, documentary evidence, or written arguments that the applicant or program participant may wish to submit.

   (2) The Commissioner or his or her designee shall render a written decision based on the hearing record and any additional documents submitted by the applicant or program participant and HRA.

   (3) A copy of the decision, accompanied by written notice to the applicant or program participant of the right to judicial review, will be sent to each of the parties and to their authorized representatives, if any.

   (4) Upon issuance, the decision of the Commissioner or his or her designee made pursuant to an appeal under this section is final and binding upon HRA and must be complied with by HRA.

(Added City Record 7/16/2015, eff. 8/15/2015; amended City Record 10/20/2015, eff. 11/19/2015; amended City Record 11/24/2015, eff. 12/24/2015)

§ 8-09 Additional Provisions.

(a) If a household is eligible for one or both of the rent supplement programs described in this chapter or any rental assistance program described in chapter 7 of this title, HRA reserves the right to determine, based on administrative and programmatic needs, which program the household will participate in.
  1. CITYFEPS rent supplements cannot be combined with any other rent subsidies other than a Public Assistance shelter allowance provided pursuant to Section 352.3 of Title 18 of the New York Codes, Rules and Regulations, except with the prior approval of HRA on a case-by-case basis.
  2. If HRA identifies a household as potentially eligible for Section 8 or other federal housing program subsidies or vouchers, the household must apply for such benefits and accept them if offered.
  3. Applicants are responsible for identifying potential housing. However, shelter staff may provide assistance to such individuals in their housing search.
  4. A landlord who signs a lease or other rental agreement with a household in receipt of a CITYFEPS rent supplement is prohibited from demanding, requesting, or receiving any amount above the rent or fees as stipulated in the lease or rental agreement regardless of any changes in household composition. The cost of heat and hot water must be included in the rent. A landlord who demands, requests or receives any amount above what is set forth in the lease or rental agreement will be barred from further participation in any HRA rent supplement or rental assistance programs and may be barred from other rent supplement or rental assistance programs administered by the City of New York. Before placing a landlord on a disqualification list, HRA will provide notice to the landlord and an opportunity for the landlord to object in writing.
  5. If a program participant moves or is evicted from the apartment to which CITYFEPS rent supplement payments have been applied, the landlord must return any over-payment to HRA.
  6. HRA will not maintain waitlists for the CITYFEPS programs.
  7. HRA shall provide a household moving expenses, a security deposit voucher equal to one month’s rent, and a broker’s fee equal to up to one month’s rent when available under Section 352.6 of Title 18 of the New York Codes, Rules and Regulations.

(Added City Record 7/16/2015, eff. 8/15/2015; amended City Record 10/20/2015, eff. 11/19/2015)

Subchapter B: SEPS Program

§ 8-10 Definitions.

For the purposes of this subchapter, the following terms have the following meanings:

  1. “DHS” means the New York City Department of Homeless Services.
  2. A “DHS Shelter for Single Adults” means a shelter for single adults operated by or on behalf of DHS, or a DHS veterans shelter as that term is defined in § 3-113 of the Administrative Code of the City of New York as added by local law 37 for the year 2011.
  3. A “DHS Shelter for Adult Families” means a shelter for adult families operated by or on behalf of DHS.
  4. “Gross income” means the sum of earned income, as defined and computed as set forth in Section 352.17 of Title 18 of the New York Codes, Rules and Regulations, except that earned income does not include income earned through subsidized employment, and unearned income, as defined and computed as set forth in Section 387.10 of Title 18 of the New York Codes, Rules and Regulations, except that unearned income shall only include such income that is regularly recurring.
  5. The “household” means the individual or individuals who have applied for, have had an application submitted on their behalf for, or are in receipt of SEPS rent supplement payments pursuant to this subchapter, regardless of their eligibility for Public Assistance. The term “household” does not include other individuals residing in a residence within which a program participant is renting a single room.
  6. “HRA” means the New York City Human Resources Administration.
  7. “HRA Shelter” means a domestic violence shelter operated by or on behalf of HRA pursuant to Part 452 of Title 18 of the New York Codes, Rules and Regulations.
  8. A “primary tenant” is the person whose name is on the lease or who has the primary responsibility for payment of the monthly rent for a residence.
  9. A “program participant” or “participant” means an individual who has been approved to participate in the SEPS Program and has entered into a rental agreement for a residence to which a SEPS rent supplement has been or is being applied.
  10. “Public Assistance” means benefits, including monthly grants and shelter allowances, issued under the Family Assistance program pursuant to New York Social Services Law § 349 and/or the Safety Net Assistance program pursuant to New York Social Services Law § 159 and regulations promulgated thereunder.
  11. A “rental agreement” means a lease or other written agreement to rent a residence for at least one year.
  12. The “Special Exit and Prevention Supplement Program” or “SEPS Program” means the rent supplement program described in this subchapter.
  13. “Subsidized employment” means subsidized private sector employment or subsidized public sector employment as those terms are used in New York Social Services Law § 336(1)(b)-(c).

§ 8-11 Administration of the Special Exit and Prevention Supplement Program.

HRA shall administer the Special Exit and Prevention Supplement Program, except that initial eligibility determinations pursuant to subdivision (a) of 68 RCNY § 8-12 shall be made by HRA in consultation with DHS.

§ 8-12 The Special Exit and Prevention Supplement Program.

(a) Initial Eligibility.

   (1) To be eligible for an initial year of participation in the SEPS Program, a household must meet the following eligibility requirements:

      (A) The household must:

         (i) include a member who currently resides in a DHS Shelter for Single Adults, and:

            (I) resided in a shelter operated by or on behalf of DHS for any period of time between May 1, 2015 and July 31, 2015, or such other timeframe that HRA may designate in consultation with DHS and post on HRA’s website, and within the twelve months prior to entering a shelter operated by or on behalf of DHS, had been evicted or left a residence located within the City of New York that (a) was the subject of an eviction proceeding; or (b) the member was required to vacate as a result of a vacate order issued by a City agency or a foreclosure action, or for health and safety reasons as determined by a City agency, other than reasons that would make the member eligible for shelter under Section 452.9 of Title 18 of the New York Codes, Rules and Regulations;

            (II) resided in a shelter operated by or on behalf of DHS for any period of time between May 1, 2015 and July 31, 2015, or such other timeframe that HRA may designate in consultation with DHS and post on HRA’s website, and was discharged to a shelter operated by or on behalf of DHS from a residential substance abuse treatment program, residential program or facility licensed or operated by the New York State Office of Mental Health or the New York State Office of Alcoholism and Substance Abuse Services, foster care placement, or correctional institution; or

            (III) has previous or current United States military service;

         (ii) currently reside in a DHS Shelter for Adult Families and be eligible for shelter, as determined by DHS pursuant to Parts 351 and 352 of Title 18 of the New York Codes, Rules and Regulations, and:

            (I) within the twelve months prior to entering a shelter operated by or on behalf of DHS, have been evicted or have left a residence located within the City of New York that (a) was the subject of an eviction proceeding; or (b) the household was required to vacate as a result of a vacate order issued by a City agency or a foreclosure action, or for health and safety reasons as determined by a City agency, other than reasons that would make the household eligible for shelter under Section 452.9 of Title 18 of the New York Codes, Rules and Regulations; or

            (II) include a member who has previous or current United States military service;

         (iii) include a member who is eligible for HRA shelter under Section 452.9 of Title 18 of the New York Codes, Rules and Regulations as a victim of domestic violence within the meaning of Section 452.2(g) of Title 18 of the New York Codes, Rules and Regulations and New York Social Services Law § 459-a, and:

            (I) resides in a DHS Shelter for Single Adults or a DHS Shelter for Adult Families but has not refused placement in an HRA shelter; or

            (II) resides in an HRA Shelter, has reached the applicable maximum length of stay permitted under New York Social Services Law § 459-b, and is at risk of entry into a DHS Shelter for Single Adults or a DHS Shelter for Adult Families;

         (iv) meet the following criteria:

            (I) be at risk of entry into a DHS Shelter for Single Adults or a DHS Shelter for Adult Families as determined by HRA in consultation with DHS; and

            (II) within the last twelve months have been evicted from or have lived in a residence located within the City of New York that (a) was or is the subject of an eviction proceeding; or (b) the household was or is required to vacate as a result of a vacate order issued by a City agency or a foreclosure action, or for health and safety reasons as determined by a City agency, other than reasons that would make the household eligible for shelter under Section 452.9 of Title 18 of the New York Codes, Rules and Regulations;

         (v) include a member who is at risk of entry into a DHS Shelter for Single Adults or a DHS Shelter for Adult Families, as determined by HRA in consultation with DHS, and has previous or current United States military service; or

         (vi) be in receipt of rental assistance pursuant to subchapter C of chapter 7 of this title and have met the requirements of item (i), (ii), (iii), (iv) or (v) of this subparagraph at the time the household was approved to receive such rental assistance.

      (B) The household must have total gross income that does not exceed 200 percent of the federal poverty level as established annually by the U.S. Department of Health and Human Services;

      (C) The household must be in receipt of Public Assistance;

      (D) The household must have a rental agreement for the residence to which the SEPS rent supplement will be applied and a monthly rent obligation that (i) does not exceed the applicable maximum rent under 68 RCNY § 8-13 and (ii) is protected from increases for at least one year except as authorized under rent stabilization laws and rules or U.S. Department of Housing and Urban Development regulations;

      (E) The residence to which the SEPS rent supplement shall be applied must be located within the City of New York;

      (F) The household must apply for any available federal housing assistance program that HRA has determined the household may be eligible for, including but not limited to HUD-Veteran Affairs Supportive Housing, Section 8, and Supportive Services for Veteran Families, and accept the benefit if offered;

      (G) The household must agree to have its SEPS rent supplement paid directly to the landlord; and

      (H) The household must:

         (i) provide accurate, complete and current information on income and household composition; and

         (ii) provide supporting documentation as necessary to verify eligibility and the information needed to determine the SEPS rent supplement amount, maximum rent, and any required contributions.

   (2) The number of eligible households that can be approved to participate in the SEPS Program will be limited by the amount of available funding. Applications must be submitted on a form and in a format established by HRA.

   (3) At the time of approval, HRA will calculate the household’s monthly program participant contribution and the maximum monthly rent supplement amount pursuant to 68 RCNY § 8-13. Except as provided in 68 RCNY § 8-14, the monthly program participant contribution and monthly rent supplement amount will not change during the first year of the program, regardless of changes in household composition or income.

  1. Renewals after the First Year.

   (1) Subject to the availability of funding, a household participating in the SEPS Program will receive up to four one-year renewals in the SEPS Program if:

      (A) The household’s total gross income does not exceed 200 percent of the federal poverty level as established annually by the U.S. Department of Health and Human Services; and

      (B) The household provides prompt notice to HRA of any rent arrears that have accrued so that they may be addressed.

   (2) A program participant who meets the requirements in paragraph (1) of this subdivision will continue to receive annual renewals after receiving the renewals provided for in that paragraph if the program participant either:

      (A) receives social security disability insurance benefits under Title II of the federal Social Security Act or supplemental security income under Title XVI of the federal Social Security Act, or receives a recurring monthly Public Assistance grant and has been determined by HRA to be potentially eligible for such social security disability insurance benefits or supplemental security inco me based on a documented disability; or

      (B) receives compensation for a disability resulting from a line-of-duty injury or disease pursuant to Subchapter II or Subchapter IV of Chapter 11 of Part II of Title 38 of the United States Code, or receives a non-service-connected disability pension pursuant to Subchapter II of Chapter 15 of Part II of Title 38 of the United States Code.

   (3) HRA will determine a household’s eligibility for renewal in the SEPS Program at the end of each year of the household’s participation in the program, subject to the availability of funding. Before the start of each one-year renewal, HRA will recalculate the household’s monthly program participant contribution and the monthly rent supplement amount pursuant to 68 RCNY § 8-13. Except as provided in 68 RCNY § 8-14, the monthly program participant contribution and monthly rent supplement will not change during the one-year renewal period, regardless of changes in household composition or income.

   (4) HRA in its discretion may waive any of the requirements in paragraph (1) of this subdivision on a case-by-case basis where non-renewal is likely to result in the household’s entry into shelter. HRA may also waive the requirement set forth in subparagraph (B) of paragraph (1) of this subdivision if the household’s failure to meet the requirement was due to circumstances beyond its control.

§ 8-13 Maximum Rents and Calculation of Monthly Program Participant Contributions and Rent Supplements.

(a) Apartment Rentals.

   (1) The maximum monthly rent for an apartment towards which a SEPS rent supplement may be applied during the first year of the rental agreement must not exceed the amounts in the table below:

Household Size 1 2 3 4 5 6 7 8
Maximum Rent $1,213 $1,268 $1,515 $1,515 $1,956 $1,956 $2,197 $2,197

~

   (2) A program participant contribution of thirty percent of the household’s total gross income at the time of approval or renewal plus any amount by which the rent after the first year exceeds the maximum rent for the household’s size as set forth in paragraph (1) of this subdivision is required and will be paid by the program participant directly to the landlord each month. Such payments will be deducted from the monthly rent to determine the monthly rent supplement. HRA shall pay the monthly rent supplement amount directly to the landlord each month as long as the household remains eligible and funding for the program remains available, except that HRA may in its discretion pay one year of rent supplement payments in advance to a landlord who has entered into a lease with a program participant for a unit that was used as a shelter unit operated by or on behalf of DHS immediately prior to lease signing. Any such advance rent supplement payments shall be calculated based on the household size at the time of lease signing. If the household’s rent supplement amount would otherwise have been reduced under this section during the year in which rent supplement payments have been paid in advance, the household shall pay the difference to HRA. If the household does not pay the difference to HRA during the year in which rent supplement payments have been paid in advance, HRA has the right to recover such difference from the household.

   (3) If HRA determines that due to current market conditions, it is unlikely that households consisting of five or more individuals will be able to secure housing within the next ninety days at the rents permitted under paragraph (1) of this subdivision, HRA may in its discretion increase the maximum rent towards which SEPS rent supplements may be applied pursuant to such paragraph to up to 130 percent of the 2014 New York City Housing Authority Section 8 Voucher Payment Standards for units for the household size.

  1. Room Rentals.

   (1) The maximum monthly rent for a single room towards which a SEPS rent supplement may be applied must not exceed $800 during the first year, except that HRA may make exceptions on a case-by-case basis if the rent is reasonable in relation to current rents for comparable units in the private unassisted market. It is further provided that:

      (A) Where the rental agreement is with a primary tenant who receives Public Assistance, the household’s monthly rent cannot exceed the difference between the primary tenant’s rent obligation to the landlord and the primary tenant’s shelter allowance under Section 352.3 of Title 18 of the New York Codes, Rules and Regulations at the time of the effective date of the rental agreement; and

      (B) In no event shall the household’s monthly rent exceed the household’s proportionate share of the rent for the entire residence. The determination of what constitutes the participant’s proportionate share of the rent shall be based on the formula set forth in Section 2525.7 of Title 9 of the New York Code of Rules and Regulations or a comparable measure.

   (2) A program participant contribution of (a) thirty percent of the household’s total monthly gross income at the time of approval or renewal plus (b) any amount by which the rent after the first year exceeds $800 shall be paid by the program participant directly to the landlord or primary tenant, as applicable, each month. The program participant contribution will be deducted from the household’s monthly rent or $800, whichever is less, to determine the monthly rent supplement. HRA shall pay the monthly rent supplement directly to the landlord or the primary tenant, as applicable, each month for so long as the program participant remains eligible and funding for the program remains available.

§ 8-14 Moves.

(a) A household participating in the SEPS Program may not move to a new residence and maintain eligibility for the SEPS Program except with the approval of HRA. The household must obtain such approval prior to moving to a new residence, provided that HRA may consider a request for approval made after the move if a household is unable to obtain such approval prior to the move due to circumstances beyond the household's control.
  1. HRA shall grant approval for a move if the household is moving from a room to an apartment, unless the household is breaking a lease for the room, in which case the household must establish either good cause for the move or that the landlord is willing to release the program participant from the lease. In all other situations, HRA shall grant approval for a move from one residence to another residence only upon a showing by the household that there is good cause for the move. If the requested move is to a residence with a higher rent than the rent for the current residence, approval will also be subject to the availability of funding.
  2. If HRA has approved a move to a new residence, HRA shall recalculate the monthly program participant contribution and monthly rent supplement and those amounts shall not change for one year from the effective date of the rental agreement for the new residence, regardless of changes in income or household composition. If the effective date of the rental agreement for the new residence is not more than ten months after the start of the household’s current year of participation in the program, then the household’s current year in the SEPS Program shall begin anew on the effective date of such rental agreement. If the effective date of the rental agreement for the new residence is more than ten months after the start of the household’s current year in the program and the household is eligible for renewal in the SEPS Program, then the household’s renewal period shall begin on the effective date of such rental agreement.

§ 8-15 Agency Review Conference and HRA Administrative Appeal Process.

(a) Right to HRA Administrative Review. An applicant or program participant may request an agency review conference and/or an HRA administrative hearing to seek review of any determinations or actions made by HRA under this subchapter, as well as any failures to act, or failures to act with reasonable promptness, by HRA in implementing the provisions of this subchapter.
  1. Agency Review Conference.

   (1) If an applicant or program participant requests an agency review conference, HRA shall informally review and attempt to resolve the issues raised.

   (2) An applicant or program participant may request an agency review conference without also requesting an HRA administrative hearing. Requesting an agency review conference will not prevent an applicant or program participant from later requesting an HRA administrative hearing.

   (3) An agency review conference must be requested no later than sixty days after the challenged determination or action, provided further that if an HRA administrative hearing is scheduled, an agency review conference must be requested reasonably in advance of the scheduled hearing date.

   (4) A request for an agency review conference will extend the time period to request an HRA administrative hearing as set forth in paragraph (2) of subdivision (c) of this section to sixty days after the date of the agency review conference.

  1. Request for an HRA Administrative Hearing.

   (1) An administrative hearing must be requested in writing. Such written request must be submitted by mail, electronic means or facsimile, or other means as HRA may set forth in an appeals notice.

   (2) Except as provided in paragraph (4) of subdivision (b) of this section, a request for an administrative hearing must be made no later than sixty days after the challenged determination or action.

  1. Authorized Representative.

   (1) Except where impracticable to execute a written authorization, a person or organization seeking to represent an applicant or program participant must have the applicant’s or program participant’s written authorization to represent him or her at an agency review conference or administrative hearing and to review his or her case record, provided that such written authorization is not required for an attorney retained by such applicant or program participant. An employee of such attorney will be considered an authorized representative if such employee presents written authorization from the attorney or if such attorney advises HRA by telephone of such employee’s authorization.

   (2) Once HRA has been notified that a person or organization has been authorized to represent an applicant or program participant at an agency review conference or administrative hearing, such representative will receive copies of all correspondence sent by HRA to the applicant or program participant relating to the conference and hearing.

  1. Aid Continuing.

   (1) If a program participant requests an administrative appeal of a determination by HRA that SEPS rent supplement payments are to be reduced, restricted, suspended or discontinued, such program participant shall have the right to continued receipt of SEPS rent supplement payments at the SEPS rent supplement amount in effect at the time of the determination until the hearing decision is issued pursuant to subdivision (l) of this section, provided that:

      (A) The program participant requests the administrative appeal within ten days of the mailing of the notice of such determination; and

      (B) The appeal is based on a claim of incorrect computation or an incorrect factual determination.

   (2) There is no right to continued SEPS rent supplement payments pursuant to this subdivision where the sole issue on appeal is one of local, State or Federal law or policy, or change in local, State or Federal law.

   (3) Rent supplement payments will not continue pending the issuance of a hearing decision when:

      (A) The program participant has voluntarily waived his or her right to the continuation of such assistance in writing; or

      (B) The program participant does not appear at the administrative hearing and does not have a good cause reason for not appearing.

   (4) If a program participant requests an additional appeal pursuant to subdivision (m) of this section, rent supplement payments will continue uninterrupted after issuance of the hearing decision until a written decision is issued pursuant to subdivision (m) of this section.

  1. Notice. HRA shall provide the applicant or program participant with notice of the date, time, and location of the administrative hearing no fewer than seven calendar days prior to the scheduled date of the administrative hearing, unless the issue underlying the request for an administrative hearing has been resolved and the applicant or program participant has withdrawn his or her hearing request.
  2. Examination of Case Record. The applicant or program participant or his or her authorized representative has the right to examine the contents of his or her SEPS Program case file and all documents and records that HRA intends to use at the administrative hearing. Upon request by telephone or in writing, HRA shall provide such applicant or program participant with copies of all such documents, and copies of any additional documents in the possession of HRA that the applicant or program participant identifies and requests for purposes of preparing for the administrative hearing. HRA shall provide such documents at no charge reasonably in advance of the administrative hearing. If the request for such documents is made less than five business days before the administrative hearing, HRA must provide the applicant or program participant with copies of such documents no later than at the time of the administrative hearing.
  3. Adjournment. The administrative hearing may be adjourned for good cause by the administrative hearing officer on his or her own motion or at the request of the applicant or program participant, or HRA.
  4. Conduct of Administrative Hearing.

   (1) The administrative hearing shall be conducted by an impartial hearing officer appointed by HRA who shall have the power to administer oaths and issue subpoenas and who shall have no prior personal knowledge of the facts concerning the challenged determination or action.

   (2) The administrative hearing shall be informal, all relevant and material evidence shall be admissible and the legal rules of evidence shall not apply. The administrative hearing shall be confined to the factual and legal issues raised regarding the specific determination(s) for which the administrative hearing was requested.

   (3) The applicant or program participant shall have a right to be represented by counsel or other representative, to testify, to produce witnesses to testify, to offer documentary evidence, to offer evidence in opposition to the evidence presented by HRA, to request that the hearing officer issue subpoenas, and to examine any documents offered by HRA.

   (4) An audio recording, an audio visual recording or written transcript of the administrative hearing shall be made.

  1. Abandonment of Request for Administrative Hearing.

   (1) HRA will consider an administrative hearing request abandoned if neither the applicant or program participant nor his or her authorized representative appears at the administrative hearing, unless either the applicant or program participant or his or her authorized representative has:

      (A) contacted HRA prior to the administrative hearing to request rescheduling of the administrative hearing; or

      (B) within fifteen calendar days of the scheduled administrative hearing date, contacted HRA and provided a good cause reason for failing to appear at the administrative hearing on the scheduled date.

   (2) HRA will restore the case to the calendar if the applicant or program participant or his or her authorized representative has met the requirements of paragraph (1) of this subdivision.

  1. Hearing Record. The recording or written transcript of the hearing, all papers and requests filed in connection with the hearing, and the hearing decision collectively constitute the complete and exclusive record of the administrative hearing.
  2. Hearing Decision.

   (1) The hearing officer shall render a decision based exclusively on the hearing record. The decision must be in writing and must set forth the administrative hearing issues, the relevant facts, and the applicable law, regulations and approved policy, if any, upon which the decision is based. The decision must identify the issues to be determined, make findings of fact, state the reasons for the determinations, and when appropriate, direct HRA to take specific action.

   (2) A copy of the decision, accompanied by written notice to the applicant or program participant of the right to further appeal and the procedures for requesting such appeal, will be sent to each of the parties and to their authorized representatives, if any.

  1. Additional Appeal.

   (1) An appeal from a decision of a hearing officer may be made in writing to the Commissioner of HRA or his or her designee provided it is received by HRA through the procedures described in the notice accompanying the hearing decision no later than fifteen business days after HRA sends the decision. The record before the Commissioner shall consist of the hearing record, the hearing officer’s decision and any affidavits, documentary evidence, or written arguments that the applicant or program participant may wish to submit.

   (2) The Commissioner or his or her designee shall render a written decision based on the hearing record and any additional documents submitted by the applicant or program participant and HRA.

   (3) A copy of the decision, accompanied by written notice to the applicant or program participant of the right to judicial review, will be sent to each of the parties and to their authorized representatives, if any.

   (4) Upon issuance, the decision of the Commissioner or his or her designee made pursuant to an appeal under this section is final and binding upon HRA and must be complied with by HRA.

§ 8-16 Additional Provisions.

(a) If a household is eligible for any other rental assistance program described in chapter 7 or 8 of this title, HRA reserves the right to determine, based on administrative and programmatic needs, the program for which the household will be approved or certified.
  1. SEPS rent supplements cannot be combined with any other rent subsidies other than a Public Assistance shelter allowance provided pursuant to Section 352.3 of Title 18 of the New York Codes, Rules and Regulations, except that HRA may make exceptions on a case-by-case basis.
  2. The household must apply for any available federal housing assistance program that HRA has determined the household may be eligible for, including but not limited to HUD-Veteran Affairs Supportive Housing, Section 8, and Supportive Services for Veteran Families, and accept the benefit if offered.
  1. Households are responsible for identifying potential housing. However, shelter staff may provide assistance to individuals in their housing search.
  2. A landlord or primary tenant who has entered into a rental agreement with a program participant is prohibited from demanding, requesting, or receiving any monies, goods or services above the rent or any applicable fees as set forth in the rental agreement regardless of any changes in household composition or income. The cost of heat and hot water must be included in the rent. A landlord or primary tenant who demands, requests or receives any monies, goods or services above the rent or any applicable fees as set forth in the rental agreement will be barred from further participation in any HRA rental assistance programs and may be barred from other rental assistance programs administered by the City of New York. Before placing a landlord or primary tenant on a disqualification list, HRA will provide notice to the landlord or primary tenant and an opportunity to object in writing.
  3. If a household moves or is evicted from the apartment or room to which SEPS rent supplement payments have been applied, the landlord or primary tenant must return any overpayment to HRA.
  4. HRA will not maintain a waitlist for the SEPS Program.
  5. HRA shall provide a household moving expenses, a security deposit voucher equal to one month’s rent, and a broker’s fee equal to up to one month’s rent when available under Section 352.6 of Title 18 of the New York Codes, Rules and Regulations.
  6. If a household includes a person younger than eighteen years of age, SEPS rent supplement payments may not be applied towards a room rental. A household residing in a single room must promptly notify HRA if it intends to add a person younger than eighteen years of age to the household so that HRA can assist the household in implementing a move pursuant to 68 RCNY § 8-14.

Chapter 9: HRA HOME TBRA Program

§ 9-01 Definitions.

(a) "Adjusted income" means a household's annual income minus the deductions set forth in Section 5.611 of Title 24 of the Code of Federal Regulations.
  1. “Annual income” means annual income as that term is used in Section 5.609 of Title 24 of the Code of Federal Regulations, subject to the self-sufficiency disallowance for increases in earned income pursuant to Section 5.617 of Title 24 of the Code of Federal Regulations.
  2. “Area median income” means the median family income for the area, as determined by the United States Department of Housing and Urban Development with adjustments for smaller and larger families.
  3. An “assisted unit” is a residential unit to which HRA HOME TBRA rental assistance payments are being applied pursuant to this chapter.
  4. A “chronically street homeless individual” means an individual (1) who has been identified by the New York City Department of Homeless Services as not residing in a shelter, residence, or other accommodations for nine of the past twenty-four months at the close of the HRA HOME TBRA application period and who has not secured any other temporary or permanent housing; or (2) who currently resides in a DHS safe haven or uses a DHS stabilization bed as those terms are defined in § 3-113 of the Administrative Code of the City of New York as added by local law 37 for the year 2011.
  5. “Citizen” means citizen as that term is used in Section 5.504 of Title 24 of the Code of Federal Regulations.
  6. A “coupon” means a document issued by HRA to a household selected for participation in HRA HOME TBRA that describes the program, program requirements, and the procedures for HRA approval of a unit selected by the household.
  7. “DHS” means the New York City Department of Homeless Services.
  8. “DHS Shelter” means a shelter for families with children or adult families operated by or on behalf of DHS.
  9. A “guest” is an individual who was not included in a household’s application for HRA HOME TBRA or added to the household as a member pursuant to subdivision (d) of 68 RCNY § 9-14, and who is staying in an assisted unit with the consent of a household member.
  10. The “household” means the individual or individuals who have applied for, have had an application submitted on their behalf for, or are participating in HRA HOME TBRA.
  11. “HRA” means the New York City Human Resources Administration.
  12. “HRA HOME Tenant-Based Rental Assistance Program” or “HRA HOME TBRA” means the rental assistance program described in this chapter.
  13. “HRA shelter” means a shelter operated by or on behalf of HRA.
  14. “HPD” means the New York City Department of Housing Preservation and Development.
  15. “HQS” means the Section 8 Housing Quality Standards set forth in Section 982.401 of Title 24 of the Code of Federal Regulations.
  16. “HUD” means the United States Department of Housing and Urban Development.
  17. “Noncitizen” means noncitizen as that term is used in Section 5.504 of Title 24 of the Code of Federal Regulations.
  18. A “program participant” means an individual who has entered into an approved lease for an assisted unit.
  19. “Public Assistance” means benefits, including monthly grants and shelter allowances, issued under the Family Assistance program pursuant to New York Social Services Law § 349 and/or the Safety Net Assistance program pursuant to New York Social Services Law § 159, and regulations promulgated thereunder.

§ 9-02 Administration of the HOME Tenant-Based Rental Assistance Program.

HRA shall administer HRA HOME TBRA subject to oversight by the New York City Department of HPD and in accordance with all applicable HUD rules and directives.

§ 9-03 Eligibility Criteria.

(a) To be eligible for HRA HOME TBRA, a household must meet the following eligibility requirements:

   (1) The household must:

      (A) Consist of two or more individuals or a pregnant person, currently reside in a DHS Shelter or HRA Shelter, and have resided in shelter for more than 120 days as of the close of the application period established pursuant to subdivision (a) of 68 RCNY § 9-04; or

      (B) Consist of or include at least one chronically street homeless individual;

   (2) The household’s adjusted income must not exceed 60 percent of the area median income;

   (3) At least one member of the household must receive social security disability insurance benefits, old-age benefits or survivors insurance benefits under Title II of the federal Social Security Act, or supplemental security income under Title XVI of the federal Social Security Act; and

   (4) At least one member of the household must be either:

      (A) a citizen; or

      (B) a noncitizen with a qualifying immigration status under Section 1436a of Title 42 of the United States Code.

  1. Eligibility will be determined via an application process. The number of eligible households that can be approved to participate in HRA HOME TBRA will be limited by the amount of available funding.

§ 9-04 Application Process, Lottery and Waitlist.

(a) At HRA's discretion, when there is funding available to provide HRA HOME TBRA to applicant households, HRA will set an application period of at least 30 days, during which households may submit applications. HRA will disseminate notice of the application period, including on HRA's website. Applications must be submitted on a form and in a format established by HRA. A household may submit no more than one application per application period.
  1. After the application period closes, HRA will randomly assign all applications received during the application period a number. HRA will review all applications in order of assigned number.
  2. HRA will provide notice to an applicant household if HRA determines that an application is incomplete, and such household will have ten days from the date the notice is sent to supplement the application. HRA may grant an additional extension of time to supplement the application for good cause. Failure to supplement the application within ten days or any applicable extension period will result in denial of such household’s application for HRA HOME TBRA.
  3. Coupons will be issued in order of assigned number to applicant households that meet the requirements set forth in subdivision (a) of 68 RCNY § 9-03 until coupons are no longer available. If HRA determines that an applicant household is ineligible for HRA HOME TBRA, HRA will notify such household that its application has been denied and the reasons for denial. Remaining applicant households that meet the requirements set forth in subdivision (a) of 68 RCNY § 9-03 will be placed on a waitlist in order of assigned number and notified in writing of their placement on the waitlist. Once placed on the waitlist, a household will retain its placement on the waitlist unless it is selected or removed from the waitlist pursuant to subdivision (e) of this section.
  4. Selection or Removal of Households from Waitlist.
   (1) Subject to available funding and HRA HOME TBRA coupons, households will be selected for participation in HRA HOME TBRA from the waitlist in order of assigned number, provided such households continue to meet the requirements set forth in subdivision (a) of 68 RCNY § 9-03
.
   (2) Households that are unable to establish that they continue to satisfy the requirements set forth in subdivision (a) of 68 RCNY § 9-03
will be removed from the waitlist and informed that their applications have been denied.
   (3) HRA may request an applicant household on the waitlist to provide additional documentation regarding the household’s income and composition and to establish that the household continues to meet the requirements set forth in subdivision (a) of 68 RCNY § 9-03
. An applicant household that fails to timely or adequately respond to such a request will be removed from the waitlist and informed that its application has been denied.

   (4) In the event that HRA does not have sufficient funding to select the household at the top of the waitlist for HRA HOME TBRA participation due to such household’s unit size, HRA shall not select a household with a smaller unit size, but shall select the household at the top of the waitlist when sufficient funding is available.

(Added City Record 11/30/2015, eff. 12/30/2015)

§ 9-05 Coupon.

(a) A household shall receive a coupon only after attending a briefing session provided by HRA. The head of household as designated on the application must sign the coupon. Failure to attend the briefing session and sign the coupon will result in denial of the household's application for HRA HOME TBRA.
  1. The initial term of a coupon will be 120 calendar days.
  2. HRA may extend a household’s initial coupon term for documented special circumstances, including if such extension is needed as a reasonable accommodation on the basis of disability.
  3. If a household submits a request for unit approval pursuant to subdivision (b) of 68 RCNY §9-06, the coupon term will be stayed until HRA approves or denies the request.
  4. HRA HOME TBRA rental assistance payments shall only be available if a household receives a unit approval pursuant to subdivision (b) of 68 RCNY §9-06 prior to the expiration of the coupon term. A household that does not obtain a unit approval prior to the expiration of the coupon term may submit a new application for participation in HRA HOME TBRA if HRA re-opens the application period pursuant to subdivision (a) of 68 RCNY §9-04.
  5. HRA HOME TBRA rental assistance payments shall only be available if a household complies with program obligations as outlined in the coupon.

(Added City Record 11/30/2015, eff. 12/30/2015)

§ 9-06 Leasing a Unit.

(a) HRA HOME TBRA rental assistance shall only be provided for units approved by HRA. A household must submit a request for unit approval on a form and in a format established by HRA prior to the expiration of the coupon. A household may not submit more than one request for unit approval at a time.
  1. Request for Unit Approval. HRA will approve a request for unit approval if all of the following requirements are met:

   (1) The unit has been inspected and is HQS-compliant;

   (2) The lease complies with the requirements in Section 92.253(a)-(b) of Title 24 of the Code of Federal Regulations;

   (3) The rent is reasonable pursuant to standards set forth in Section 982.507 of Title 24 of the Code of Federal Regulations and, for the household’s first year in the unit, does not exceed the applicable rent standard amount established pursuant to subdivision (b) of 68 RCNY §9-08;

   (4) The unit is located within the City of New York; and

   (5) The unit will be the household’s only residence.

  1. Lease and Rental Assistance Contract Signing.

   (1) Upon approval of a unit pursuant to subdivision (b) of this section, two contracts must be executed before HRA HOME TBRA rental assistance payments may be issued:

      (A) An approved lease between the landlord and household; and

      (B) A Rental Assistance Contract between HRA and the landlord.

   (2) The lease and Rental Assistance Contract shall be executed at a date, time and location to be designated by HRA.

   (3) HRA HOME TBRA rental assistance payments shall be paid to the landlord in accordance with the terms of the Rental Assistance Contract and may only be paid to the landlord during the lease term and while the household is residing in the assisted unit.

   (4) The term of the Rental Assistance Contract shall terminate on termination of the lease and may not exceed 24 months, but may be renewed, subject to the availability of funding.

   (5) HRA HOME TBRA rental assistance payments to a landlord terminate when a landlord terminates the lease. However, if the landlord has commenced the process to evict the household but the household continues to reside in the assisted unit, HRA shall continue to make rental assistance payments to the landlord in accordance with the Rental Assistance Contract for the remaining term of the Rental Assistance Contract or until the landlord has obtained a court judgment or other process allowing the landlord to evict the household. HRA may continue such payments until the household moves or is evicted from the assisted unit but no later than the end of the Rental Assistance Contract term.

   (6) A landlord may not terminate the lease or refuse to renew the lease of a household participating in HRA HOME TBRA, except in accordance with Section 92.253(c) of Title 24 of the Code of Federal Regulations.

  1. The requirements of subdivision (b) of this section shall apply to renewal leases.

(Added City Record 11/30/2015, eff. 12/30/2015)

§ 9-07 Annual and Interim Recertification and Ongoing Program Participant Obligations.

(a) Annual Recertification.

   (1) Subject to the availability of funding, HRA shall recertify a household for continued participation in HRA HOME TBRA if:

      (A) the household’s adjusted income does not exceed 80 percent of the area median income;

      (B) at least one member of the household is a citizen or qualifying noncitizen as set forth in paragraph (4) of subdivision (a) of 68 RCNY §9-03; and

      (C) the household continues to reside in the assisted unit.

   (2) HRA will determine a household’s eligibility for recertification at the end of each year of the household’s participation in HRA HOME TBRA. Prior to annual recertification, HRA will recalculate the total monthly household contribution and the HRA HOME TBRA rental assistance amount pursuant to 68 RCNY §9-08. Except as provided in subdivision (c) of this section or 68 RCNY §9-10, the total monthly household contribution and HRA HOME TBRA rental assistance amount will not change during the one-year recertification period, regardless of changes in household composition or income.

   (3) A household’s eligibility for recertification is conditioned on the household’s timely cooperation with any requests by HRA for household information and documentation.

  1. Changes in Household Composition Prior to Annual Recertification.

   (1) Program participants must report to HRA any changes in household composition within thirty (30) days of such changes occurring.

   (2) When informed of changes in household composition prior to annual recertification, HRA shall conduct an interim recertification to determine the household’s continued eligibility and whether the change in household composition results or will result in an HQS failure. If an HQS failure has resulted or will result, the household shall be responsible for remedying or avoiding such failure, including requesting prior approval pursuant to paragraph (1) of subdivision (a) of 68 RCNY §9-10 to move to a new unit. If the household’s change in composition affects the household size, a new unit size will not be assigned pursuant to subdivision (a) of 68 RCNY §9-08 until the household’s next annual recertification and the household’s rent standard amount will not change until such recertification. If the household’s change in composition results in a change in household income, the provisions in subdivision (c) of this section shall apply.

  1. Changes in Income Prior to Annual Recertification.

   (1) Program participants may report changes in household income to HRA at any time prior to annual recertification.

   (2) When informed of an increase in household income prior to annual recertification, HRA may conduct an interim recertification to determine the household’s continued eligibility. In the event of an interim recertification pursuant to this subdivision, HRA may recalculate the total monthly household contribution and the HRA HOME TBRA rental assistance amount pursuant to 68 RCNY §9-08.

   (3) When informed of a decrease in household income prior to annual recertification, HRA shall conduct an interim recertification and recalculate the total monthly household contribution and the HRA HOME TBRA rental assistance amount pursuant to 68 RCNY §9-08.

  1. A household’s participation in HRA HOME TBRA will be terminated during the Rental Assistance Contract term if:

   (1) HRA determines that a household member knowingly permitted another individual who is not eligible for HRA HOME TBRA due to immigration status in accordance with Part 5 of Title 24 of the Code of Federal Regulations and Section 1436a of Title 42 of the United States Code to reside on a permanent basis in the assisted unit. In such an event, the household will be barred from submitting a new application for HRA HOME TBRA for not less than 24 months. This provision does not apply to a household if the ineligibility of the ineligible individual was considered in calculating the prorated HRA HOME TBRA rental assistance amount pursuant to subdivision (e) of 68 RCNY §9-08.

   (2) The household is absent from the assisted unit for more than a total of 180 days in a 12-month period in any circumstance and for any reason.

   (3) The household is absent from the assisted unit for 90 consecutive days unless the household establishes:

      (A) That the absence from the unit was due to exceptional circumstances beyond the household’s control, such as hospitalization;

      (B) That the household intends to return to the assisted unit within 180 days of departure; and

      (C) That the household is not maintaining an alternative residence.

   (4) The household fails to grant access to the assisted unit for an HQS inspection pursuant to 68 RCNY §9-09.

   (5) The household is responsible for an HQS failure related to the performance requirements and acceptability criteria set forth in Section 982.401 of Title 24 of the Code of Federal Regulations and the household fails to remedy the HQS failure within the period specified by HRA. Such HQS failure may result from actions or inactions that include but are not limited to the household’s failure to pay for any utilities for which the household is responsible for payment, or damage to the dwelling unit or premises beyond ordinary wear and tear caused by any member or guest of the household.

   (6) The household fails to comply with program obligations.

   (7) The rental assistance amount calculated pursuant to subdivision (c) of 68 RCNY §9-08 has been zero for six months.

(Added City Record 11/30/2015, eff. 12/30/2015)

§ 9-08 Calculating HRA HOME TBRA Rental Assistance Amount and Household Share of Rent.

(a) Unit Size.

   (1) A household will be assigned a standard unit size, corresponding to the number of bedrooms needed for the household size, as set forth in the table below. HRA shall assign such unit size at the time of coupon issuance and include it on the coupon issued to the household.

Household Size Unit Size
1 SRO/Studio
2 1
3 or 4 2
5 or 6 3
7 or 8 4
9 or 10 5
11 or 12 6
13 or 14 7

~

   (2) For purposes of determining unit size:

      (A) The household consists of all individuals who intend to reside in the assisted unit;

      (B) In the case of documented pregnancy by a household member, the unborn child is counted as a household member;

      (C) Any live-in aide approved by HRA to reside in the assisted unit to care for a household member who is disabled or 62 years of age or over is counted as a household member;

      (D) A child who resides in the assisted unit with his or her parent for at least 183 days of the year pursuant to a joint custody agreement or order is counted as a household member, provided that such parent is a household member;

      (E) A foster child who is placed and resides in the assisted unit for more than 183 days of the year is counted as a household member; and

      (F) Except as otherwise provided in this paragraph, an individual who is absent from the assisted unit for more than 90 consecutive days will not be counted as a household member unless such individual is absent due to hospitalization, military deployment, or other good cause as determined by HRA on a case-by-case basis, and is reasonably expected to return within 180 days. A household member who is away at school but intends to live with the household in the assisted unit during school recesses is considered a household member.

   (3) If a household includes a household member with a disability, HRA may assign the household a higher unit size as a reasonable accommodation for such member.

   (4) The household may lease an otherwise acceptable unit with fewer bedrooms than the assigned unit size provided the unit meets the applicable HQS space requirements.

   (5) The household may lease an otherwise acceptable unit with more bedrooms than the assigned unit size.

  1. Rent Standard Amount.

   (1) The HRA HOME TBRA rent standard amount shall be based on unit size. HRA shall set the HRA HOME TBRA rent standard amount for each unit size at an amount that is between 95 and 110 percent of the fair market rent applicable in New York City for the unit size as published annually by HUD pursuant to Part 888 of Title 24 of the Code of Federal Regulations. HRA shall publish current HRA HOME TBRA rent standard amounts on HRA’s website.

   (2) A household’s rent standard amount shall be the HRA HOME TBRA rent standard amount established pursuant to paragraph (1) of this subdivision for the household’s assigned unit size.

   (3) For the initial occupancy of an assisted unit, the household’s gross rent, including heat and hot water, shall not exceed the household’s rent standard amount. Following the household’s first year in the unit, the household’s rent may exceed the applicable rent standard amount so long as the rent is reasonable pursuant to standards set forth in Section 982.507 of Title 24 of the Code of Federal Regulations.

  1. The HRA HOME TBRA rental assistance amount paid on behalf of a household shall equal the household’s gross rent minus the total household contribution calculated pursuant to subdivision (d) of this section.
  2. Income Contribution and Household Share of Rent.

   (1) The household’s total monthly household contribution to rent shall be the sum of the following:

      (A) The highest of the following amounts, rounded to the nearest dollar:

         (i) The household’s adjusted income multiplied by 30 percent and divided by 12;

         (ii) The household’s annual income multiplied by 10 percent and divided by 12;

         (iii) The amount of the household’s public assistance shelter allowance as calculated and received pursuant to Section 352.3 of Title 18 of the New York Codes, Rules and Regulations; or

         (iv) Fifty dollars, which may be reduced based on financial hardship at HRA’s discretion;

      (B) The amount, if any, by which the rent exceeds the applicable rent standard amount established pursuant to subdivision (b) of 68 RCNY §9-08, after the household’s first year in the assisted unit; and

      (C) The amount, if any, by which the HRA HOME TBRA rental assistance amount has been reduced pursuant to subdivision (e) of this section.

  1. If a household includes a member who is ineligible for HRA HOME TBRA on the basis of immigration status in accordance with Section 1436a of Title 42 of the United States Code, the household’s HRA HOME TBRA rental assistance amount will be prorated by multiplying the HRA HOME TBRA rental assistance amount as calculated in subdivision (c) of this section by a fraction, the denominator of which is the total number of household members and the numerator of which is the total number of household members who are not ineligible for HRA HOME TBRA on the basis of immigration status.
  2. Change in the HRA HOME TBRA Rent Standard Amount during the Coupon Term and Prior to Execution of the Rental Assistance Contract.

   If the HRA HOME TBRA rent standard amount for the household’s assigned unit size is increased or decreased during the term of the coupon and prior to the execution of the Rental Assistance Contract, the new rent standard amount shall be used to calculate the HRA HOME TBRA rental assistance amount for the household.

  1. Change in the HRA HOME TBRA Rent Standard Amount During the Rental Assistance Contract Term.

   (1) If the HRA HOME TBRA rent standard amount for the household’s assigned unit size is increased during the term of the Rental Assistance Contract, the increased rent standard amount shall be used to calculate the HRA HOME TBRA rental assistance amount for the household beginning on the effective date of the household’s next annual recertification on or after the effective date of the increase in the rent standard amount.

   (2) A decrease in the HRA HOME TBRA rent standard will not be applied to a household during the Rental Assistance Contract term and the household’s rent standard amount will remain the same for purposes of calculating the HRA HOME TBRA rental assistance amount at the household’s next annual recertification.

(Added City Record 11/30/2015, eff. 12/30/2015)

§ 9-09 Inspections.

(a) A unit for which a household requests approval pursuant to subdivision (b) of 68 RCNY §9-06 must pass an HQS inspection and will be subject to inspections in accordance with Section 92.209 of Title 24 of the Code of Federal Regulations, including but not limited to additional inspections to ensure continued compliance with HQS based on complaints from the household, landlord, interested third parties or the general public. Except in emergency situations, HRA will provide reasonable notice of any inspection and a reasonable opportunity for the landlord and household to reschedule an inspection.
  1. The landlord must maintain the assisted unit in accordance with HQS. If the landlord fails to maintain the assisted unit in accordance with HQS and fails to remedy any HQS failure related to the performance requirements and acceptability criteria set forth in Section 982.401 of Title 24 of the Code of Federal Regulations within the period specified by HRA, HRA shall either abate HRA HOME TBRA rental assistance payments in their entirety until such time as the landlord remedies the HQS failure as determined by HRA, or terminate the Rental Assistance Contract and cease HRA HOME TBRA rental assistance payments. This provision does not apply if the landlord is not responsible for the HQS failure. If HRA abates HRA HOME TBRA rental assistance payments to the assisted unit or terminates the Rental Assistance Contract pursuant to this subdivision, HRA shall allow the household to move pursuant to 68 RCNY §9-10.
  2. If the household is responsible for an HQS failure related to the performance requirements and acceptability criteria set forth in Section 982.401 of Title 24 of the Code of Federal Regulations and the household fails to remedy the HQS failure within the period specified by HRA, HRA shall terminate the household’s participation in HRA HOME TBRA.

(Added City Record 11/30/2015, eff. 12/30/2015)

§ 9-10 Moves.

(a) A household participating in HRA HOME TBRA may not move to a new unit and maintain eligibility for HRA HOME TBRA except with the prior approval of HRA. HRA may grant such approval and issue a new coupon to the household on the following grounds:

   (1) The household is overcrowded in the assisted unit;

   (2) HRA abates HRA HOME TBRA rental assistance payments to the assisted unit or terminates the Rental Assistance Contract pursuant to subdivision (b) of 68 RCNY §9-09;

   (3) The lease for the assisted unit has terminated by mutual agreement of the household and landlord and the landlord signs a release of the lease and the Rental Assistance Contract;

   (4) The landlord has obtained a court judgment or other process allowing the landlord to evict the household; or

   (5) The need for the move is a direct result of a documented health and safety concern or other good cause, as determined by HRA on a case-by-case basis.

  1. All requirements of 68 RCNY §9-06 must be met before a household may move to a new assisted unit.
  2. If HRA has approved a move to a new unit, HRA shall reassign the household a unit size, re-determine the household’s rent standard amount, and recalculate the HRA HOME TBRA rental assistance amount and the household’s total monthly household contribution pursuant to 68 RCNY §9-08.
  3. Upon an approved move to a new unit, the household shall be recertified pursuant to subdivision (a) of 68 RCNY §9-07. The household’s annual recertification cycle shall coincide with the new lease term.
  4. If a household moves from an assisted unit, HRA HOME TBRA rental assistance payments for such unit shall cease as of the month after the month that the household moves from such unit. The landlord may keep the HRA HOME TBRA rental assistance payment for the month during which the household moves from such unit.

(Added City Record 11/30/2015, eff. 12/30/2015)

§ 9-11 Household Separations.

(a) If an applicant household separates into two or more otherwise eligible applicant household units prior to executing a Rental Assistance Contract, HRA will decide on a case-by-case basis which of the household units will be considered the applicant household and remain eligible to receive HRA HOME TBRA rental assistance. If a household receiving HRA HOME TBRA rental assistance separates, HRA will decide on a case-by-case basis which of the household units will continue to receive such assistance. In the event of a household separation, under no circumstances shall more than one of the resulting household units receive HRA HOME TBRA rental assistance.
  1. In determining pursuant to subdivision (a) of this section which resulting household unit shall remain eligible for or participate in HRA HOME TBRA, consideration will be given to factors including but not limited to:

   (1) which household member was designated as head of household on the application for HRA HOME TBRA rental assistance;

   (2) which household unit retains any children, members with disabilities, or members over 62 years of age;

   (3) the role of domestic violence in the household separation;

   (4) the role of criminal activity or incarceration in the household separation; and

   (5) recommendations of social service agencies, including state and local children’s services agencies, or qualified professionals.

(Added City Record 11/30/2015, eff. 12/30/2015)

§ 9-12 Right of Review.

An applicant or program participant may request an agency review conference and/or an HRA administrative hearing pursuant to 68 RCNY §9-13 to seek review of the following determinations only, but in no event shall an agency review conference or HRA administrative hearing be available to review a determination based solely on a lack of available funding for HRA HOME TBRA:

  1. A denial of a household’s application for HRA HOME TBRA;
  2. A determination of a household’s ineligibility for HRA HOME TBRA at recertification;
  3. A determination of a household member’s ineligibility for HRA HOME TBRA on the grounds of immigration status;
  4. A household’s removal from the waitlist;
  5. A household’s termination from HRA HOME TBRA pursuant to paragraphs (1) - (6) of subdivision (d) of 68 RCNY §9-07;
  6. The assignment of a household’s unit size and the calculation of a household’s HRA HOME TBRA rental assistance amount and monthly household contribution pursuant to 68 RCNY §9-08, provided that determinations of or changes to the HRA HOME TBRA rent standard amount shall not be reviewable; and
  7. A denial of a household’s request to move.

(Added City Record 11/30/2015, eff. 12/30/2015)

§ 9-13 Agency Review Conference and HRA Administrative Appeal Process.

(a) Agency Review Conference.

   (1) If an applicant or program participant requests an agency review conference, HRA shall informally review and attempt to resolve the issues raised.

   (2) An applicant or program participant may request an agency review conference without also requesting an HRA administrative hearing. Requesting an agency review conference will not prevent an applicant or program participant from later requesting an HRA administrative hearing.

   (3) An agency review conference must be requested no later than fourteen days after the challenged determination or action.

  1. Request for an HRA Administrative Hearing.

   (1) An administrative hearing must be requested in writing. Such written request must be submitted by mail, electronic means or facsimile, or other means as HRA may set forth in an appeals notice.

   (2) A request for an administrative hearing must be made by the later of twenty-one days after the challenged determination or action or seven days after the date of the agency review conference.

  1. Authorized Representative.

   (1) Except where impracticable to execute a written authorization, a person or organization seeking to represent an applicant or program participant must have the applicant’s or program participant’s written authorization to represent him or her at an agency review conference or administrative hearing and to review his or her case record, provided that such written authorization is not required from an attorney retained by such applicant or program participant. An employee of such attorney will be considered an authorized representative if such employee presents written authorization from the attorney or if such attorney advises HRA by telephone of such employee’s authorization.

   (2) Once HRA has been notified that a person or organization has been authorized to represent an applicant or program participant at an agency review conference or administrative hearing, such representative will receive copies of all correspondence sent by HRA to the applicant or program participant relating to the conference and hearing.

  1. Aid Continuing.

   (1) If a program participant requests an administrative appeal of a determination by HRA that HRA HOME TBRA rental assistance payments are to be reduced, restricted, suspended or discontinued, such program participant shall have the right to continued receipt of HRA HOME TBRA rental assistance payments at the HRA HOME TBRA rental assistance amount in effect at the time of the determination until the hearing decision is issued pursuant to subdivision (k) of this section or the end of the term of the current Rental Assistance Contract, whichever is earlier, provided that:

      (A) The program participant requests the administrative appeal within ten days of the mailing of the notice of such determination; and

      (B) The appeal is based on a claim of incorrect computation or an incorrect factual determination.

   (2) There is no right to continued HRA HOME TBRA rental assistance payments pursuant to this subdivision where the sole issue on appeal is one of local, State or Federal law or policy, or change in local, State or Federal law.

   (3) Rental assistance payments will not continue pending the issuance of a hearing decision when:

      (A) The program participant has voluntarily waived his or her right to the continuation of such assistance in writing; or

      (B) The program participant does not appear at the administrative hearing and does not have a good cause reason for not appearing.

   (4) If a program participant requests an additional appeal pursuant to subdivision (m) of this section, rental assistance payments will continue uninterrupted after issuance of the hearing decision until a written decision is issued pursuant to subdivision (m) of this section.

  1. Notice. HRA shall provide the applicant or program participant with notice of the date, time, and location of the administrative hearing no fewer than seven calendar days prior to the scheduled date of the administrative hearing, unless the issue underlying the request for an administrative hearing has been resolved and the applicant or program participant has withdrawn his or her hearing request.
  2. Examination of Case Record. The applicant or program participant or his or her authorized representative has the right to examine the contents of his or her HRA HOME TBRA case file and all documents and records that HRA intends to use at the administrative hearing. Upon request by telephone or in writing, HRA shall provide such applicant or program participant with copies of all such documents, and copies of any additional documents in the possession of HRA that the applicant or program participant identifies and requests for purposes of preparing for the administrative hearing. HRA shall provide such documents at no charge reasonably in advance of the administrative hearing. If the request for such documents is made less than five business days before the administrative hearing, HRA must provide the applicant or program participant with copies of such documents no later than at the time of the administrative hearing.
  3. Adjournment. The administrative hearing may be adjourned for good cause by the administrative hearing officer on his or her own motion or at the request of the applicant or program participant, or HRA.
  4. Conduct of Administrative Hearing.

   (1) The administrative hearing shall be conducted by an impartial hearing officer appointed by HRA who shall have the power to administer oaths and issue subpoenas and who shall have no prior personal knowledge of the facts concerning the challenged determination or action.

   (2) The administrative hearing shall be informal, all relevant and material evidence shall be admissible and the legal rules of evidence shall not apply. The administrative hearing shall be confined to the factual and legal issues raised regarding the specific determination(s) for which the administrative hearing was requested.

   (3) The applicant or program participant shall have a right to be represented by counsel or other representative, to testify, to produce witnesses to testify, to offer documentary evidence, to offer evidence in opposition to the evidence presented by HRA, to request that the hearing officer issue subpoenas, and to examine any documents offered by HRA.

   (4) An audio recording, an audio visual recording or written transcript of the administrative hearing shall be made.

  1. Abandonment of Request for Administrative Hearing.

   (1) HRA will consider an administrative hearing request abandoned if neither the applicant or program participant nor his or her authorized representative appears at the administrative hearing, unless either the applicant or program participant or his or her authorized representative has:

      (A) contacted HRA prior to the administrative hearing to request rescheduling of the administrative hearing; or

      (B) within fifteen calendar days of the scheduled administrative hearing date, contacted HRA and provided a good cause reason for failing to appear at the administrative hearing on the scheduled date.

   (2) HRA will restore the case to the calendar if the applicant or program participant or his or her authorized representative has met the requirements of paragraph (1) of this subdivision.

  1. Hearing Record. The recording or written transcript of the hearing, all papers and requests filed in connection with the hearing, and the hearing decision collectively constitute the complete and exclusive record of the administrative hearing.
  2. Hearing Decision.

   (1) The hearing officer shall render a decision based exclusively on the hearing record. The decision must be in writing and must set forth the administrative hearing issues, the relevant facts, and the applicable law, regulations and approved policy, if any, upon which the decision is based. The decision must identify the issues to be determined, make findings of fact, state the reasons for the determinations, and when appropriate, direct HRA to take specific action.

   (2) A copy of the decision, accompanied by written notice to the applicant or program participant of the right to further appeal and the procedures for requesting such appeal, will be sent to each of the parties and to their authorized representatives, if any.

  1. Effect of Hearing Decision.

   (1) HRA is not bound by a hearing decision:

      (A) concerning a matter for which HRA is not required to provide an opportunity for a hearing under this section, or that otherwise exceeds the authority of the person conducting the hearing under this section; or

      (B) contrary to HUD regulations or requirements, or otherwise contrary to federal, State, or local law.

   (2) If HRA determines that it is not bound by a hearing decision, it shall promptly notify the family of the determination, and of the reasons for the determination.

  1. Additional Appeal.

   (1) An appeal from a decision of a hearing officer may be made in writing to the Commissioner of HRA or his or her designee provided it is received by HRA through the procedures described in the notice accompanying the hearing decision no later than fifteen business days after HRA sends the hearing officer’s decision. The record before the Commissioner shall consist of the hearing record, the hearing officer’s decision and any affidavits, documentary evidence, or written arguments that the applicant or program participant may wish to submit.

   (2) The Commissioner or his or her designee shall render a written decision based on the hearing record and any additional documents submitted by the applicant or program participant and HRA.

   (3) A copy of the decision, accompanied by written notice to the applicant or program participant of the right to judicial review, will be sent to each of the parties and to their authorized representatives, if any.

   (4) Upon issuance, the decision of the Commissioner or his or her designee made pursuant to an appeal under this section is final and binding upon HRA and must be complied with by HRA.

(Added City Record 11/30/2015, eff. 12/30/2015)

§ 9-14 Additional Provisions.

(a) Applicants and program participants must:

   (1) provide accurate, complete and current information on household income and household composition; and

   (2) furnish documentation to verify information needed to determine eligibility and the HRA HOME TBRA rental assistance amount.

  1. Prior to executing a lease, applicant households not currently in receipt of Public Assistance must apply for any assistance available under Part 352 of Title 18 of the New York Code of Rules and Regulations that HRA has determined the household may be eligible for.
  2. Households must report an absence of the household from the assisted unit, as well as the absence of any individual household member, that is expected to last more than 90 days and, where practicable, receive prior approval for the absence.
  3. A guest shall not reside in an assisted unit for more than 90 days during a year unless such guest is added to the household as a member. To add such guest as a member of the household, the program participant must notify HRA of the change in household composition, and HRA shall conduct an interim recertification pursuant to subdivisions (b) and (c) of 68 RCNY §9-07. If a household does not seek to add a guest as a member of the household, HRA may ask the household to provide verification that the guest is not residing permanently in the assisted unit.
  4. An applicant household does not have any right or entitlement to have its application selected for review, to be listed on the HRA HOME TBRA waitlist, to any particular position on such waitlist, or to selection for participation in HRA HOME TBRA. The preceding sentence does not affect or prejudice any right, independent of this chapter, to bring a judicial action challenging a violation of a constitutional or statutory requirement.
  5. Applicants and household members must disclose and verify social security numbers in accordance with Section 5.216 of Title 24 of the Code of Federal Regulations, execute consent forms in accordance with Section 5.230 of such title, and complete and provide all other forms required by law.
  6. Rental assistance provided under the HRA HOME TBRA Program cannot be combined with any other rent subsidies other than a public assistance shelter allowance provided pursuant to Section 352.3 of Title 18 of the New York Codes, Rules and Regulations, except with the prior approval of HRA on a case-by-case basis.
  7. Applicant households are responsible for identifying potential housing. However, shelter staff may provide assistance to such households in their housing search.
  8. A landlord who signs a lease with a household participating in HRA HOME TBRA is prohibited from demanding, requesting, or receiving any amount above the rent or fees as stipulated in the lease agreement regardless of any changes in household composition, except that a landlord may charge fees customarily charged in rental housing in accordance with Section 92.214(b)(3) of Title 24 of the Code of Federal Regulations subject to prior approval from HRA. Except as provided in the preceding sentence, a landlord who demands, requests or receives any amount above what is set forth in the lease will be barred from further participation in any HRA rental assistance programs and may be barred from other rental assistance programs administered by the City of New York. Before placing a landlord on a disqualification list, HRA will provide notice to the landlord and an opportunity for the landlord to object in writing.
  9. If a program participant moves or is evicted from an assisted unit, the landlord must return any over-payment to HRA except as otherwise provided in 68 RCNY §9-10.
  10. In the event of the death of the sole member of a household participating in HRA HOME TBRA, HRA HOME TBRA assistance cannot be transferred and will be terminated.

(Added City Record 11/30/2015, eff. 12/30/2015)

Chapter 10: City Fighting Homelessness and Eviction Prevention Supplement (CityFHEPS)

§ 10-01 Definitions.

For the purposes of this chapter, the following terms have the following meanings:

  1. “ACS” means the New York City Administration for Children’s Services.
  2. An “apartment” means a private residence other than an SRO.
  3. “CITYFEPS” means the rental assistance programs established, pursuant to Subchapter A of 68 RCNY Chapter 8.
  4. “CityFHEPS” means the CityFHEPS Program described in this chapter.
  5. A “CityFHEPS qualifying program” is a City program that the Commissioner has designated as a program from which HRA will accept referrals for CityFHEPS to avert entry to an HRA or DHS shelter or abbreviate a stay in an HRA or DHS shelter. CityFHEPS qualifying programs include the following, in addition to other programs that the Commissioner may designate in the future: (1) referrals from ACS to facilitate an ACS plan for family reunification, preservation or independent living; (2) referrals from the three-quarter housing task force; (3) referrals from DYCD; or (4) referrals from the New York City Department of Correction.
  6. “CityFHEPS rental assistance payments” mean rent payments made, pursuant to this chapter.
  7. A “CityFHEPS unit” is a residential unit to which CityFHEPS rental assistance payments are being applied, pursuant to this chapter.
  8. The “Commissioner” means the Commissioner of DSS or the Commissioner’s designee.
  9. “DHS” means the New York City Department of Homeless Services.
  10. A “DHS family shelter” is a shelter for families with children or adult families operated by or on behalf of the DHS.
  11. A “DHS single adult shelter” means a shelter for single adults operated by or on behalf of DHS.
  12. “DYCD” means the New York City Department of Youth and Community Development.
  13. “Federal disability benefits” mean social security disability insurance benefits under Title II of the federal Social Security Act, supplemental security income under Title XVI of the federal Social Security Act, compensation for a disability resulting from a line-ofduty injury or disease, pursuant to Subchapter II or Subchapter IV of Chapter 11 of Part II of Title 38 of the United States Code, or a non-service-connected disability pension, pursuant to Subchapter II of Chapter 15 of Part II of the United States Code.
  14. “FHEPS” means the New York State Family Homelessness and Eviction Prevention Supplement program.
  15. “FPL” means the federal poverty level as established annually by the United States Department of Health and Human Services.
  16. “Gross income” means the sum of: (1) earned income, as defined in Section 352.17(a) of Title 18 of the New York Codes, Rules and Regulations, except that it shall exclude income earned through SYEP; and (2) unearned income, as defined in Section 387.10(b)(3) of such title, except that it shall exclude PA and shall only include income that is regularly recurring. Third party contributions to the rent will not be counted as income. All other income deductions or exclusions, including those set forth in Sections 387.11 and 387.12 of Title 18 of the New York Codes, Rules and Regulations shall not be applied when calculating a household’s gross income.
  17. The “household” means the individual or individuals residing or intending to reside together in the CityFHEPS unit.
  18. “HRA” means the New York City Human Resources Administration.
  19. An “HRA shelter” means a domestic violence shelter operated by or on behalf of HRA, pursuant to Part 452 of Title 18 of the New York Codes, Rules and Regulations.
  20. “LINC VI” means the rental assistance program established, pursuant to Subchapter C of 68 RCNY Chapter 7.
  21. A “LINC certification letter” is a certification letter issued, pursuant to 68 RCNY Chapter 7.
  22. The “LINC programs” mean the programs described in Subchapters A and B of 68 RCNY Chapter 7.
  23. The “maximum monthly rent” means an amount determined, pursuant to 68 RCNY § 10-05 that the rent for a CityFHEPS unit can generally not exceed during the first year of CityFHEPS rental assistance and from which the CityFHEPS rental assistance payment amount is calculated.
  24. The “maximum PA shelter allowance” means the maximum monthly shelter allowance for each PA family size in accordance with the schedules set forth at Section 352.3(a)(1) of Title 18 of the New York Codes, Rules and Regulations.
  25. An “NPA member” refers to an individual who is a member of the CityFHEPS household but is not a member of the PA household for reasons other than, pursuant to Section 349.3 of Title 18 of the New York Codes, Rules and Regulations.
  26. The “New York City Department of Social Services” or “DSS” means the entity consisting of HRA and DHS.

(aa) “PA” means public assistance benefits, including monthly grants and shelter allowances, issued under the Family Assistance program, pursuant to New York Social Services Law § 349 and/or the Safety Net Assistance program, pursuant to New York Social Services Law § 159, and regulations promulgated thereunder.

(bb) The “PA household” refers to the members of the household who apply and are accepted for PA benefits.

  1. “Pathway Home” means the rental assistance program established by 68 RCNY Chapter 11.

(dd) A “primary tenant” is the person whose name is on the lease or who has the primary responsibility for payment of the monthly rent for a residence.

(ee) A “program participant” means an individual who has entered into a lease for a CityFHEPS unit and has not been terminated from the program.

(ff) A “qualifying City rental assistance program” means the LINC, SEPS, or CITYFEPS rental assistance program.

(gg) A “qualifying subsidized employment program” means any subsidized employment program established by HRA, pursuant to Sections 385.9(f) or (g) of Title 18 of the New York Codes, Rules and Regulations, or such other subsidized employment program that the Commissioner may designate as a qualifying program in the future.

(hh) A “rent-controlled apartment” means a housing accommodation for which the maximum rent is established, pursuant to Chapter 3 of Title 26 of the Administrative Code of the City of New York.

  1. A “room” means an individual room within an apartment.

(jj) “SEPS” means the rental assistance program established, pursuant to Subchapter B of 68 RCNY Chapter 8.

(kk) A “shopping letter” is a letter provided to a household to assist it in its housing search that identifies the household as potentially eligible for CityFHEPS and lists the maximum rent.

(ll) An “SRO” is a single room occupancy unit as defined in subdivision 16 of Section 4 of Article 1 of the New York Multiple Dwelling Law.

  1. “Street homeless” means individuals who: (1) are living on the street or in a place not meant for human habitation and have received case management services for at least 90 days from a DHS contracted outreach provider; (2) have received case management services for at least 90 days from a DHS contracted provider at a drop in center or transitional housing setting; or (3) received case management services from a DHS contracted outreach provider, while living on the street or in a place not meant for human habitation, or at a drop in center or transitional housing setting, were placed in permanent housing and currently receive aftercare services.

(nn) “Subsidized employment” means subsidized private sector employment or subsidized public sector employment as those terms are used in New York Social Services Law § 336(1)(b)-(c).

(oo) The “SYEP Program” means the Summer Youth Employment Program administered by DYCD to provide New York City residents between the ages of fourteen and twenty-four with opportunities for paid summer employment.

(pp) The term “three-quarter housing task force” shall have the same meaning as that term is used in Section 1(a) of Local Law 13 of 2017.

(qq) “Turning the Tide on Homelessness in New York City” is a publication issued in February 2017 by Mayor de Blasio, Deputy Mayor for Health and Human Services Herminia Palacio and Commissioner Steven Banks. The publication sets forth a comprehensive boroughbased plan to reduce the footprint of New York City’s homeless shelters, transform the City’s approach to providing shelter, and drive down the population of homeless New Yorkers relying on shelter through prevention, street homelessness, and permanent housing programs.

(rr) “Unsubsidized employment” means unsubsidized employment as that term is used in New York Social Services Law § 336(1)(a).

(ss) A “veteran” is a person who has served in the armed forces of the United States.

(Added City Record 9/28/2018, eff. 10/28/2018)

§ 10-02 Administration of the CityFHEPS Program.

HRA will administer the CityFHEPS Program and will make eligibility determinations in accordance with this subchapter.

(Added City Record 9/28/2018, eff. 10/28/2018)

§ 10-03 Initial Eligibility, Application and Approval for City Residents Who Are Not in an HRA or DHS Shelter or Street Homeless.

(a) A household that is not street homeless or in an HRA or DHS shelter must meet the following requirements to be eligible for an initial year of CityFHEPS rental assistance:

   (1) The household must have total gross income that does not exceed 200 percent of FPL.

   (2) If the household is not currently in receipt of PA, the household must apply for any assistance available under Part 352 of Title 18 of the New York Codes, Rules and Regulations.

   (3) All members of the household who are eligible for PA must be in receipt of PA and in compliance with PA requirements.

   (4) If a household is potentially eligible for any federal or State housing benefits, including Section 8 or HRA HOME TBRA, pursuant to 68 RCNY Chapter 9, the household must apply for such benefits and accept them if offered.

   (5) The household must not be eligible for FHEPS and, unless it meets the requirements of 68 RCNY § 10-08(d), must not have previously received CityFHEPS rental assistance.

   (6) The household must satisfy any of the criteria below:

      (A) The household has been determined by the Commissioner to be at risk of homelessness and includes a veteran.

      (B) Within the last twelve months, the household was evicted from or lived in a residence within the City of New York that was or is the subject of an eviction proceeding or that the household was or is required to vacate as a result of an order issued by a City agency or a foreclosure action, or for health and safety reasons as determined by a City agency other than reasons that would make the household eligible for shelter under Section 452.9 of Title 18 of the New York Codes, Rules and Regulations; and either

         (i) is in receipt of Adult Protective Services under Section 473 of the New York Social Services Law or a community guardianship program under Section 473-d of the New York Social Services Law;

         (ii) will be using CityFHEPS to preserve a rentcontrolled apartment; or

         (iii) has previously resided in a DHS shelter.

      (C) The household includes an individual who has been referred by a City agency through a CityFHEPS qualifying program and the Commissioner has determined that due to the particular circumstances of the household, CityFHEPS rental assistance is needed to avert entry to a DHS shelter.

      (D) The household is in receipt of an unexpired LINC certification letter or a SEPS or CITYFEPS shopping letter and would still be eligible for assistance under 68 RCNY Chapter 7 or 68 RCNY Chapter 8. A household may not qualify for CityFHEPS rental assistance under this subparagraph if: (1) more than 120 days have passed after the effective date of this rule or (2) the household is eligible for FHEPS.

      (E) The household is currently in receipt of LINC VI or Pathway Home and meets the criteria set forth in 68 RCNY § 10-04(a)(8)(A) or (a)(8)(B)(i).

   (7) The household must have a lease, other agreement, or regulatory right to rent, for at least one year, a residence in New York City that has passed a safety and habitability assessment. The rent for the unit must not exceed the maximum monthly rent and must be protected from rent increases for at least a year, except that, if the unit is an apartment where the household resided immediately prior to receiving CityFHEPS rental assistance and the unit is subject to government regulations with respect to allowable rents, rent increases authorized under the applicable government regulations will be permitted midyear. If a household includes a person younger than eighteen years of age, the lease or other rental agreement must be for an apartment.

  1. Applications must be submitted on a form and in a format established by HRA.
  2. At the time of approval, HRA will calculate the household’s CityFHEPS rental assistance payments, pursuant to 68 RCNY § 10-06 or 68 RCNY § 10-07, as applicable. Except as provided in 68 RCNY § 10-09, the CityFHEPS rental assistance payments will not change during the household’s first year of the program, regardless of changes in household composition, income, the maximum monthly rents, or the actual rent for the CityFHEPS unit.

(Added City Record 9/28/2018, eff. 10/28/2018)

§ 10-04 Initial Eligibility and Approval for Shelter Residents and Persons Who Are Street Homeless.

(a) A household who is in an HRA or DHS shelter or is street homeless must meet the following requirements to be eligible to receive a shopping letter for CityFHEPS rental assistance:

   (1) The household must have total gross income that does not exceed 200 percent of the FPL.

   (2) If the household is not currently in receipt of PA, the household must apply for any assistance available under Part 352 of Title 18 of the New York Codes, Rules and Regulations.

   (3) All members of the household who are eligible for PA must be in receipt of PA and all members in receipt of PA must be in compliance with PA requirements.

   (4) If a household is potentially eligible for any federal or State housing benefits, including Section 8 or HRA HOME TBRA, the household must apply for such benefits and accept them if offered.

   (5) The household must not be eligible for FHEPS.

   (6) If any member of the household has been determined to be eligible for HRA shelter under Section 452.9 of Title 18 of the New York Codes, Rules and Regulations, the household must not include the perpetrator of the domestic violence that resulted in such determination.

   (7) If the household is currently in a DHS Family Shelter, the household must be eligible for shelter as determined by DHS, pursuant to Parts 351 and 352 of Title 18 of the New York Codes, Rules and Regulations.

   (8) The household must be street homeless, reside in a DHS shelter that has been identified for imminent closure, or belong to Group A or B below:

      (A) Group A: A household will belong to Group A if it satisfies any of the criteria set forth below and either:

         (1) currently resides in a DHS shelter and either has a qualifying shelter stay or is eligible for HRA shelter; or (2) currently resides in an HRA shelter:

            (i) The household: (AA) includes a member who is under 18 years of age and (BB) is collectively working at least 30 hours per week in unsubsidized employment or in a qualifying subsidized employment program and can demonstrate income from such employment for the last 30 days. However, the Commissioner may waive the requirement that the household collectively work at least 30 hours per week for good cause where the household has a demonstrated, consistent work history and has experienced a recent loss in number of hours worked due to circumstances that are likely to be temporary.

            (ii) The household consists exclusively of members 18 years of age or older and can demonstrate income from unsubsidized employment or a qualifying subsidized employment program for the last 30 days.

            (iii) The household includes a member 18 years of age or older who receives federal disability benefits or receives a recurring monthly PA grant and has been determined by HRA to be potentially eligible for federal disability benefits based on their own documented disability;

            (iv) The household includes a member who is 60 years of age or older; or

            (v) The household includes a member 18 years of age or older who is exempt from PA work activities, pursuant to Section 385.2(b)(5) of Title 18 of the New York Codes, Rules and Regulations.

         (B) Group B: A household will belong to Group B if it currently resides in an HRA or DHS shelter and satisfies any of the criteria set forth below:

            (i) The household includes a veteran.

            (ii) The household is in receipt of an unexpired LINC certification letter or a SEPS or CITYFEPS shopping letter and would still be eligible for assistance under 68 RCNY Chapter 7 or 68 RCNY Chapter 8. A household may not qualify for CityFHEPS rental assistance under this subparagraph if: (1) more than 120 days have passed after the effective date of this rule or (2) the household is eligible for FHEPS.

            (iii) The household includes an individual who has been referred by a City agency through a CityFHEPS qualifying program and the Commissioner has determined that due to the particular circumstances of the household, CityFHEPS rental assistance is needed to abbreviate the household’s stay in an HRA or DHS shelter.

  1. Qualifying Shelter Stay and Limitations.

   (1) Qualifying Shelter Stay. A household in a DHS family shelter will have a qualifying shelter stay for purposes of 68 RCNY § 10-04(a)(8)(A) if the household has resided in a DHS shelter for at least 90 days prior to certification, excluding gaps of up to ten calendar days. An individual in a DHS single adult shelter will have a qualifying shelter stay for purposes of 68 RCNY § 10-04(a)(8)(A) if the individual has resided in a DHS shelter for at least 90 of the last 365 days. Once a household has a qualifying shelter stay, it will not lose its eligibility for a shopping letter, pursuant to subdivision (c) of this section by moving from one type of shelter to another. Similarly, a household who has been street homeless will not lose its eligibility for a shopping letter by entering an HRA or DHS shelter.

   (2) Qualifying Shelter Stay Limitations. The Commissioner may set a date by which qualifying shelter stays must commence, for purposes of 68 RCNY § 10-04(a)(8)(A), upon on an evaluation of: housing market conditions, shelter utilization rates, and the availability of funding, when the Commissioner determines that a limiting date in necessary to maintain the program’s viability. The Commissioner may remove such a limiting date upon further review of housing market conditions, shelter utilization rates, and the availability of funding.

  1. When a household has met the eligibility requirements set forth in subdivision (a) of this section, the Commissioner shall issue such household a shopping letter. The letter will include an expiration date and will be conditioned on the household continuing to meet the requirements of paragraph (a) of this subdivision until the time of approval.
  2. Once a household has received a CityFHEPS shopping letter, the household must have a lease, or other agreement to rent, for at least one year, a residence in New York City that has passed a safety and habitability assessment. The rent for the unit must not exceed the maximum monthly rent and must be protected from rent increases for at least a year. If a household includes a person younger than eighteen years of age, the lease or other rental agreement must be for an apartment.
  3. At the time of approval, HRA will calculate the household’s monthly rental assistance amount, pursuant to 68 RCNY § 10-06 or 68 RCNY § 10-07, as applicable. Except as provided in 68 RCNY § 10-09, the monthly rental assistance amount will not change during the first year of the program, regardless of changes in household composition, income, the maximum monthly rents or the actual rent for the CityFHEPS unit.

(Added City Record 9/28/2018, eff. 10/28/2018)

§ 10-05 Maximum Monthly Rents.

(a) Except as provided in subdivision (b) of this section or 68 RCNY § 10-03(a)(7), the maximum monthly rent for an apartment towards which CityFHEPS rental assistance may be applied during the first year of the rental agreement must not exceed the amounts in the table below:
Maximum rents for apartments                    
Household Size 1 2 3 4 5 6 7 8 9 10
Maximum Rent $1,246 $1,303 $1,557 $1,557 $2,010 $2,010 $2,257 $2,257 $2,600 $2,600

~

  1. With regard to households consisting of five or more individuals, the Commissioner may exercise discretion to determine that current market conditions make it unlikely that certain households will be able to secure housing within the next ninety days and increase the maximum monthly rents for such households by up to 30 percent.
  2. The maximum monthly rent for an SRO towards which CityFHEPS rental assistance may be applied during the first year of the rental agreement is $1,047.
  3. The maximum monthly rent for a room towards which CityFHEPS rental assistance may be applied during the first year of the rental agreement is $800. For room rentals, it is further provided that:

   (1) Where the rental agreement is with a primary tenant who receives PA, the household’s monthly rent cannot exceed the difference between the primary tenant’s rent obligation to the landlord and the primary tenant’s shelter allowance under Section 352.3 of Title 18 of the New York Codes, Rules and Regulations at the time of the effective date of the rental agreement.

   (2) No separate room within a rent-stabilized or rent-controlled apartment may be rented directly from the landlord. If a room in a rent-stabilized apartment is rented from a primary tenant, the household’s monthly rent cannot exceed the household’s proportionate share of the rent under Section 2525.7 of Title 9 of the New York Codes, Rules and Regulations. If a room in a rent-controlled apartment is rented from a primary tenant, the household’s rent cannot exceed the amount the primary tenant is being charged by the landlord.

  1. The amounts set forth in subdivisions (a) and (b) of this section will be indexed to any annual rent adjustments for one-year apartment lease renewals set by the New York Rent Guidelines Board that take effect after the effective date of this rule.
  2. Heat, hot water, electricity and, if the stove is not electric, cooking gas, must be included in the rent for an SRO or a room.

(Added City Record 9/28/2018, eff. 10/28/2018)

§ 10-06 Calculation of CityFHEPS Rental Assistance Payment Amount – Apartments and SROs.

(a) Where the CityFHEPS unit is an apartment or SRO, the monthly CityFHEPS rental assistance payment amount will equal the actual monthly rent for the CityFHEPS unit, up to the maximum monthly rent, minus the base program participant contribution, as calculated, pursuant to subdivisions (b) and (c) of this section. For purposes of this subdivision and calculating the CityFHEPS rental assistance payment amount, a household of one who has transferred from LINC IV to CityFHEPS will be treated as a household of two.
  1. The base program participant contribution is calculated as follows:

   (1) Where no members of the household receive PA, the base program participant contribution is 30 percent of the household’s total monthly gross income at the time of approval or renewal. However, if at renewal, or at the time of a recalculation of the supplement amount, pursuant to paragraphs (a) or (b) of 68 RCNY § 10-09, the household reports no income, the base program participant contribution will equal the maximum shelter allowance for the household size.

   (2) Where the household includes one or more members receiving PA, the base program participant contribution is the sum of the following: (A) 30 percent of the PA household’s total monthly gross income at the time of approval or renewal, or the maximum monthly PA shelter allowance for the total number of PA household members, whichever is greater; and (B) 30 percent of the monthly gross income of any NPA members.

  1. Except as provided in 68 RCNY § 10-09, the CityFHEPS rental assistance payments will not change until renewal, regardless of changes in household composition, income, the maximum monthly rent, or the actual rent for the CityFHEPS unit.
  2. Upon approval of a CityFHEPS unit, HRA shall pay to the landlord the first month’s rent in full and the CityFHEPS rental assistance payments for the next three months. Thereafter, HRA shall pay the CityFHEPS rental assistance payments directly to the landlord each month as long as the household remains eligible and funding for the program remains available, except that HRA may in its discretion pay additional months of CityFHEPS rental assistance payments in advance where needed to address the goals set forth in the plan entitled Turning the Tide on Homelessness in New York City.

(Added City Record 9/28/2018, eff. 10/28/2018)

§ 10-07 Calculation of CityFHEPS Rental Assistance Payment Amount – Rooms.

(a) Where the CityFHEPS unit is a room, the household's base program participant contribution shall be the greater of the household's actual shelter allowance at the time of approval or $50 and, except as provided in subdivision (c) of this section with respect to the household's first four months in the CityFHEPS rental assistance program, the monthly CityFHEPS rental assistance payment amount will equal the actual monthly rent for the CityFHEPS unit, up to $800, minus such base program participant contribution.
  1. Except as provided in 68 RCNY § 10-09, the CityFHEPS rental assistance payments will not change until renewal, regardless of changes in household composition, income, the maximum monthly rents, or the actual rent for the CityFHEPS unit.
  2. Upon approval of a CityFHEPS unit, HRA shall pay to the landlord the first four months’ rent in full, except that if the household is receiving a shelter allowance, HRA shall pay the first month’s rent in full and the CityFHEPS rental assistance payments for the next three months. Thereafter, HRA shall pay the CityFHEPS rental assistance payments directly to the landlord each month as long as the household remains eligible and funding for the program remains available.

(Added City Record 9/28/2018, eff. 10/28/2018)

§ 10-08 Renewals and Restorations.

(a) Subject to the availability of funding, a household receiving CityFHEPS rental assistance will receive four annual renewals of such assistance if it meets the following continued eligibility requirements:

   (1) The household’s total gross income does not exceed 250 percent of FPL;

   (2) The household is in substantial compliance with program requirements; and

   (3) The household continues to reside in the CityFHEPS unit for which they were initially approved or the Commissioner has approved a move to a new unit, pursuant to 68 RCNY § 10-10.

  1. Where a household is not in substantial compliance with program requirements, the Commissioner in the exercise of discretion may renew the household’s participation in the CityFHEPS program if the household establishes good cause for failure to comply with program requirements, consistent with Section 351.26 of Title 18 of the New York Codes, Rules and Regulations.
  2. Subject to the availability of funding, households receiving CityFHEPS rental assistance will continue to receive additional annual renewals after their fifth year in the CityFHEPS rental assistance program if they continue to meet the requirements of subdivision (a) of this section and if, at the time of renewal, one of the following criteria is met:

   (1) The household includes a member who is 60 years of age or older.

   (2) The household includes a member who:

      (A) receives federal disability benefits; or

      (B) receives a recurring monthly PA grant and has been determined by the Commissioner to be potentially eligible for federal disability benefits based on their own documented disability.

   (3) There is good cause for renewal as long as the household maintains eligibility. Absent extraordinary circumstances, renewals will not be available under this paragraph to households who have not complied with their obligations, pursuant to 68 RCNY § 10-12(e). The Commissioner will consider the following factors in determining extraordinary circumstances: health and mental health challenges, department of social services errors, effort to cure the error, or other circumstances beyond the control of the household.

  1. Subject to the availability of funding, if a household is not renewed for CityFHEPS, it may be restored within one year of termination if the household meets CityFHEPS renewal requirements at the time it applies for restoration. If more than one year has passed since termination, or if the household has been terminated from CityFHEPS after receiving CityFHEPS rental assistance for at least five years, the household may have its CityFHEPS restored only for good cause.
  2. If a household has transferred to CityFHEPS, pursuant to 68 RCNY § 10-11 or has transferred from the LINC VI or Pathway Home programs, the time the household participated in the LINC, LINC VI, CITYFEPS, SEPS or Pathway Home programs shall count towards the five year limit set forth in subdivision (a) of this section, except that, for households transferring from CITYFEPS, LINC VI or Pathway Home less than ten months after the start of the household’s current year of participation in such programs, the household’s current year in such programs shall be disregarded. However, if the CityFHEPS rental assistance payments begin ten months or more after the start of the household’s current year of participation in CITYFEPS, LINC VI or Pathway Home, then the household’s current year of participation in such programs shall be counted as a full year.
  3. The Commissioner will determine a household’s eligibility for renewal at the end of each year of the household’s participation in the program, subject to the availability of funding. Prior to annual renewal, the Commissioner will recalculate the household’s CityFHEPS rental assistance payments, pursuant to 68 RCNY § 10-06 or 68 RCNY § 10-07, as applicable. Except as provided in 68 RCNY § 10-09, the CityFHEPS rental assistance payments will not change during the one-year renewal period, regardless of changes in household composition, income, the maximum monthly rents, or the actual rent for the CityFHEPS unit.

(Added City Record 9/28/2018, eff. 10/28/2018)

§ 10-09 Adjustments to CityFHEPS Rental Assistance Payment Amount, Discontinuance of Rental Assistance Payments, or Program Termination Prior to Renewal.

(a) At the household's request, where the household's income has decreased prior to renewal, the Commissioner will recalculate the CityFHEPS rental assistance payment amount in accordance with 68 RCNY § 10-06 or 68 RCNY § 10-07, as applicable.
  1. In the event that the household’s shelter allowance increases prior to renewal, such that the sum of the CityFHEPS rental assistance payment and the shelter allowance exceeds the household’s actual or maximum rent, whichever is less, HRA shall reduce the CityFHEPS rental assistance amount so that it equals the difference between the household’s shelter allowance and the lesser of the actual or maximum rent.
  2. The Commissioner may discontinue CityFHEPS rental assistance payments if:

   (1) the household leaves the CityFHEPS unit;

   (2) the landlord fails to comply with requirements set forth at 68 RCNY § 10-14, whereupon the household may be granted approval to move, pursuant to 68 RCNY § 10-10; or

   (3) the household’s participation in CityFHEPS is terminated, and payments are not continued, pursuant to 68 RCNY § 10-13(e).

  1. A household’s participation in the CityFHEPS Program may be terminated prior to renewal where the Commissioner determines that the household has failed or refused without good cause to comply with requirements set forth in 68 RCNY § 10-12.

(Added City Record 9/28/2018, eff. 10/28/2018)

§ 10-10 Moves.

(a) A household participating in the CityFHEPS Program may not move to a new residence and maintain eligibility for the CityFHEPS Program except with the approval of the Commissioner. The household must obtain such approval prior to moving to a new residence, provided that the Commissioner may consider a request for approval made after the move if a household is unable to obtain such approval prior to the move due to circumstances beyond the household's control.
  1. The Commissioner shall grant approval for a move if the household is moving from a room to an apartment, unless the household is breaking a lease for the room, in which case the household must establish either good cause for the move or that the landlord is willing to release the program participant from the lease. In all other situations, the Commissioner shall grant approval for a move from one residence to another residence only upon a showing by the household that there is good cause for the move. If the requested move is to a residence with a higher rent than the rent for the current residence, approval will also be subject to the availability of funding.
  2. If the Commissioner has approved a move to a new CityFHEPS unit, the Commissioner shall recalculate the monthly CityFHEPS rental assistance payment amount, and that amount shall not change for one year from the effective date of the rental agreement for the new CityFHEPS unit, except as provided in 68 RCNY § 10-09. If the effective date of the rental agreement for the new CityFHEPS unit is not more than ten months after the start of the household’s current year of participation in the program, then the household’s current year in the CityFHEPS Program shall begin anew on the effective date of such rental agreement. If the effective date of the rental agreement for the new residence is more than ten months after the start of the household’s current year in the program and the household is eligible for renewal in the CityFHEPS Program, then the household’s renewal period shall begin on the effective date of such rental agreement.

(Added City Record 9/28/2018, eff. 10/28/2018)

§ 10-11 Transfer of Existing LINC, SEPS, and CITYFEPS Clients to CityFHEPS.

The Commissioner shall transfer all households in a qualifying City rental assistance program to CityFHEPS, provided the household has total gross income that does not exceed 250 percent of FPL and the household continues to reside in the unit for which they have been receiving rental assistance or the Commissioner has approved a move to a new unit, pursuant to 68 RCNY § 10-10. For households participating in the LINC and SEPS programs, the transfer shall take effect on the date that the household’s first renewal in the qualifying City rental assistance program on or after April 1, 2019 would otherwise have taken effect. For households participating in the CITYFEPS program, the transfer shall take place no later than one year after the effective date of this rule.

(Added City Record 9/28/2018, eff. 10/28/2018)

§ 10-12 Household Requirements.

(a) The household must:

   (1) provide accurate, complete and current information on income and household composition; and

   (2) provide supporting documentation as necessary to verify eligibility and the information needed to determine the CityFHEPS rent supplement amount, maximum monthly rent, and any required contributions by household members.

  1. The household must agree to have its CityFHEPS rent supplement paid directly to the landlord.
  2. All members of the household who are eligible for PA must be in receipt of PA.
  3. If a household is potentially eligible for any federal or State housing benefit, including Section 8 or FHEPS, the household must apply for such benefits and accept them if offered.
  4. The household must pay to the landlord each month the difference between the CityFHEPS rental assistance amount and the household’s rent, minus any shelter allowance and any third party contributions actually paid to the landlord and, if the household falls behind in the rent, must promptly report any arrears to the Commissioner.
  5. The household must promptly notify the Commissioner if the household moves out of the CityFHEPS unit.
  6. The household must promptly notify the Commissioner if the program participant is served with eviction papers.
  7. [Reserved.]
  8. The household must file for all work supports for which the household is entitled. These may include public benefits and tax credits, such as the Earned Income Tax Credit (EITC), the Child Tax Credit (CTC) and the Child Care Tax Credit (CCTC).
  9. The household must take all reasonable and appropriate actions and seek all appropriate services as necessary to preserve the program participant’s tenancy and work towards self-sufficiency, including, but not limited to, such services as job placement, landlord-tenant mediation, financial counseling and anti-eviction services. Households can receive assistance or referrals for these services from their designated service provider or local HomeBase office.
  10. A program participant renting a room or an SRO must promptly notify the Commissioner if it intends to add a person younger than eighteen years of age to the household and request approval to move to an apartment, pursuant to 68 RCNY § 10-10.
  11. If any member of the household has been determined to be eligible for HRA shelter under Section 452.9 of Title 18 of the New York Codes, Rules and Regulations, the household must not include the perpetrator of the domestic violence that resulted in such determination.
  12. The household must otherwise cooperate fully with the City in its administration of the CityFHEPS Program.

(Added City Record 9/28/2018, eff. 10/28/2018)

§ 10-13 Agency Review Conference and DSS Administrative Appeal Process.

(a) Right to DSS Administrative Review. An applicant, shelter resident, current or former program participant, or household member may request an agency review conference and/ or a DSS administrative hearing to seek review of any determinations or actions made under this subchapter, as well as any failures to act, or failures to act with reasonable promptness, in implementing the provisions of this subchapter.
  1. Agency Review Conference.

   (1) If an individual requests an agency review conference, pursuant to subdivision (a) of this section, HRA shall informally review and attempt to resolve the issues raised.

   (2) An individual may request an agency review conference without also requesting a DSS administrative hearing. Requesting an agency review conference will not prevent an individual from later requesting a DSS administrative hearing.

   (3) An agency review conference must be requested within sixty days after the challenged determination or action, provided further that if a DSS administrative hearing is scheduled, an agency review conference must be requested reasonably in advance of the scheduled hearing date.

   (4) A request for an agency review conference will extend the time period to request a DSS administrative hearing as set forth in paragraph (2) of subdivision (c) of this section to sixty days after the date of the agency review conference.

  1. Request for a DSS Administrative Hearing.

   (1) An administrative hearing must be requested in writing. Such written request must be submitted by mail, electronic means or fax, or other means as DSS may set forth in an appeals notice.

   (2) Except as provided in paragraph (4) of subdivision (b) of this section, a request for an administrative hearing must be made within sixty days after the challenged determination or action.

  1. Authorized Representative.

   (1) Except where impracticable to execute a written authorization, a person or organization seeking to represent an individual who has requested a conference or hearing under this section must have the individual’s written authorization to represent him or her at an agency review conference or administrative hearing and to review their case record, provided that such written authorization is not required from an attorney retained by such individual. An employee of such attorney will be considered an authorized representative if such employee presents written authorization from the attorney or if such attorney advises DSS by telephone of such employee’s authorization.

   (2) Once DSS has been notified that a person or organization has been authorized to represent an individual at an agency review conference or administrative hearing, such representative will receive copies of all correspondence sent by DSS to the individual relating to the conference and hearing.

  1. Aid Continuing.

   (1) If a program participant requests an administrative appeal of a determination that CityFHEPS rental assistance payments are to be reduced, restricted, suspended or discontinued, such program participant shall have the right to continued receipt of CityFHEPS rental assistance payments in the amount in effect at the time of the determination until the hearing decision is issued, pursuant to subdivision (l) of this section, provided that:

      (A) The program participant requests the administrative appeal within ten days of the mailing of the notice of such determination; and

      (B) The appeal is based on a claim of incorrect computation or an incorrect factual determination.

   (2) There is no right to continued CityFHEPS rental assistance payments, pursuant to this subdivision where the sole issue on appeal is one of local, State or Federal law or policy, or change in local, State or Federal law.

   (3) CityFHEPS rental assistance payments will not continue pending the issuance of a hearing decision when:

      (A) The program participant has voluntarily waived their right to the continuation of such assistance in writing; or

      (B) The program participant does not appear at the administrative hearing and does not have a good cause reason for not appearing.

   (4) If a program participant requests an additional appeal, pursuant to subdivision (m) of this section, CityFHEPS rental assistance payments will continue uninterrupted after issuance of the hearing decision until a written decision is issued, pursuant to subdivision (l) of this section.

  1. Notice. DSS shall provide the individual who has requested a hearing under this section with notice of the date, time, and location of the administrative hearing no fewer than seven calendar days prior to the scheduled date of the administrative hearing, unless the issue underlying the request for an administrative hearing has been resolved and the individual has withdrawn their hearing request.
  2. Examination of Case Record. The individual who has requested a conference or hearing under this section or their authorized representative has the right to examine the contents of their CityFHEPS program case file, if one exists, and all documents and records that HRA intends to use at the administrative hearing. Upon request by telephone or in writing, HRA shall provide such individual with copies of all such documents, and copies of any additional documents in the possession of HRA that the individual identifies and requests for purposes of preparing for the administrative hearing. HRA shall provide such documents at no charge reasonably in advance of the administrative hearing. If the request for such documents is made less than five business days before the administrative hearing, HRA must provide the individual with copies of such documents no later than at the time of the administrative hearing.
  3. Adjournment. The administrative hearing may be adjourned for good cause by the administrative hearing officer on their own motion or at the request of the individual who requested the hearing or their authorized representative, or HRA.
  4. Conduct of Administrative Hearing.

   (1) The administrative hearing shall be conducted by an impartial hearing officer appointed by DSS who shall have the power to administer oaths and issue subpoenas and who shall have no prior personal knowledge of the facts concerning the challenged determination or action.

   (2) The administrative hearing shall be informal, all relevant and material evidence shall be admissible and the legal rules of evidence shall not apply. The administrative hearing shall be confined to the factual and legal issues raised regarding the specific determination(s) for which the administrative hearing was requested.

   (3) The individual who requested the hearing shall have a right to be represented by counsel or other representative, to testify, to produce witnesses to testify, to offer documentary evidence, to offer evidence in opposition to the evidence presented by HRA, to request that the hearing officer issue subpoenas, and to examine any documents offered by HRA.

   (4) An audio recording, an audio visual recording or written transcript of the administrative hearing shall be made.

  1. Abandonment of Request for Administrative Hearing.

   (1) DSS will consider an administrative hearing request abandoned if neither the individual who requested the hearing nor their authorized representative appears at the administrative hearing, unless either the individual or their authorized representative has:

      (A) contacted DSS prior to the administrative hearing to request rescheduling of the administrative hearing; or

      (B) within fifteen calendar days of the scheduled administrative hearing date, contacted DSS and provided a good cause reason for failing to appear at the administrative hearing on the scheduled date.

   (2) DSS will restore the case to the calendar if the individual who requested the hearing or their authorized representative has met the requirements of paragraph (1) of this subdivision.

  1. Hearing Record. The recording or written transcript of the hearing, all papers and requests filed in connection with the hearing, and the hearing decision collectively constitute the complete and exclusive record of the administrative hearing.
  2. Hearing Decision. The hearing officer shall render a decision based exclusively on the hearing record. The decision must be in writing and must set forth the administrative hearing issues, the relevant facts, and the applicable law, regulations and approved policy, if any, upon which the decision is based. The decision must identify the issues to be determined, make findings of fact, state the reasons for the determinations, and when appropriate, direct HRA to take specific action.

   (1) A copy of the decision will be sent to each of the parties and to their authorized representatives, if any. The decision shall include written notice to the individual who had requested the hearing of the right to further appeal and the procedures for requesting such appeal.

   (2) HRA is not bound by a hearing decision that exceeds the authority of the hearing officer or that is contrary to federal, State, or local law or these rules. If the Commissioner determines that HRA is not bound by a hearing decision, the Commissioner shall promptly notify the individual who had requested the hearing of such determination, and of the reasons for the determination. Such notification shall be in writing and shall also inform the individual of the right to judicial review.

  1. Additional appeal.

   (1) An appeal from a decision of a hearing officer may be made in writing to the Commissioner provided it is received by DSS through the procedures described in the notice accompanying the hearing decision no later than fifteen business days after DSS sends the hearing officer’s decision. The record before the Commissioner shall consist of the hearing record, the hearing officer’s decision and any affidavits, documentary evidence, or written arguments that the applicant or program participant may wish to submit.

   (2) The Commissioner shall render a written decision based on the hearing record and any additional documents submitted by the applicant or program participant and HRA.

   (3) A copy of the decision, including written notice to the applicant or program participant of the right to judicial review, will be sent to each of the parties and to their authorized representatives, if any.

   (4) Upon issuance, the decision of the Commissioner made, pursuant to an appeal under this section is final and binding upon HRA and must be complied with by HRA.

(Added City Record 9/28/2018, eff. 10/28/2018)

§ 10-14 Landlord Requirements.

(a) A landlord who signs a lease or other rental agreement with a household in receipt of CityFHEPS rental assistance is prohibited from demanding, requesting, or receiving any amount above the rent or reasonable fees as stipulated in the lease or rental agreement regardless of any changes in household composition.
  1. When HRA issues monthly CityFHEPS rental assistance payments and monthly PA shelter allowance payments (if any) in full by the final day of the month, these payments will be deemed timely paid towards the CityFHEPS unit’s rent for that month, regardless of any provisions in the CityFHEPS unit lease to the contrary.
  2. Landlords are required to accept the HRA security voucher in lieu of a cash security deposit and may not request any additional security from the client.
  3. Landlords must not move a household from one unit to another without the prior written approval of both HRA and the household.
  4. Landlords must notify HRA within 5 business days of learning that the household no longer resides in the unit towards which CityFHEPS rental assistance is being applied.
  5. Landlords must notify HRA within 5 business days if any legal proceeding affecting the program participant’s tenancy is commenced.
  6. Landlords must notify HRA promptly if the landlord, owner of the subject premises, or the management company changes.
  7. If the household no longer resides in a CityFHEPS unit, the landlord must return any payments from HRA for any period of time the household was not residing in the unit.
  8. Landlords must promptly return to the City any overpayments, including but not limited to monies paid in error or made as a result of inaccurate, misleading or incomplete information submitted by the landlord in connection with the CityFHEPS Program.
  9. Landlords may be banned from participation in City rental assistance programs for violations of any of the landlord requirements. Before placing a landlord on a disqualification list, HRA will provide notice to the landlord and an opportunity for the landlord to object in writing.

(Added City Record 9/28/2018, eff. 10/28/2018)

§ 10-15 Additional Provisions.

(a) CityFHEPS rental assistance cannot be combined with any other rent subsidies except with the prior approval of the Commissioner where combining the subsidies is practicable and not contrary to law, but may be used with a PA shelter allowance provided, pursuant to Section 352.3 of Title 18 of the New York Codes, Rules and Regulations.
  1. Applicants and shelter residents are responsible for identifying potential housing. However, shelter staff will provide assistance to HRA and DHS shelter residents in their housing search. Additionally, shelter residents and others whi have been found to be potentially eligible for CityFHEPS rental assistance will be provided with a CityFHEPS shopping letter.
  2. HRA shall not maintain a waitlist for the CityFHEPS program.
  3. The number of eligible households that can be approved for CityFHEPS rental assistance under this section will be limited by the amount of available funding.
  4. A LINC participant holding a lease for a unit that is subject to government regulations with respect to allowable rents as of the effective date of this rule will be permitted to accept a renewal of their lease at the rate authorized by any government entity authorized by local, state or federal law to set rents without prejudice to their eligibility for CityFHEPS.
  5. Households in the CityFHEPS program will be referred to service providers who will help connect them to appropriate services in their communities.
  6. If HRA offers incentives to landlords to participate in the CityFHEPS program, such incentives shall not be available for the rental of a unit where the previous tenant was receiving CityFHEPS, FHEPS or rental assistance under 68 RCNY Chapter 7 or 68 RCNY Chapter 8, unless the landlord can show good cause for not renewing such tenant, such as serious or repeated violations of the lease. Good cause will generally not be found unless the landlord has provided the tenant with 30 days written notice of the intent to not renew, including the reasons for non-renewal.

(Added City Record 9/28/2018, eff. 10/28/2018)

Chapter 11: Pathway Home

§ 11-01 Definitions.

(a) The "Commissioner" means the Commissioner of DSS or the Commissioner's designee.
  1. “DHS” means the New York City Department of Homeless Services.
  2. A “DHS family shelter” is a shelter for families with children or adult families operated by or on behalf of DHS.
  3. A “DHS shelter” is a shelter operated by or on behalf of DHS.
  4. A “DHS single adult shelter” means a shelter for single adults operated by or on behalf of DHS.
  5. “Gross income” means the sum of: (1) earned income, as defined in Section 352.17(a) of Title 18 of the New York Codes, Rules and Regulations, except that it shall exclude income earned through SYEP; and (2) unearned income, as defined in Section 387.10(b)(3) of such title, except that it shall exclude PA and shall only include income that is regularly recurring. All other income deductions or exclusions, including those set forth in Sections 387.11 and 387.12 of Title 18 of the New York Codes, Rules and Regulations shall not be applied when calculating a household’s gross income.
  6. The “host family” means all individuals, other than the household, who are residing or who intend to reside in the residence towards which the Pathway Home payments will be applied. A host family shall include the primary occupant and may consist of a single individual.
  7. The “household” means the individuals who have applied for assistance from Pathway Home or who are having Pathway Home payments made on their behalf.
  8. “HRA” means the New York City Human Resources Administration.
  9. “HRA Shelter” means a domestic violence shelter operated by or on behalf of HRA pursuant to Part 452 of Title 18 of the New York Codes, Rules and Regulations.
  10. The “New York City Department of Social Services” or “DSS” means the entity consisting of HRA and DHS.
  11. “PA” means public assistance benefits, including monthly grants and shelter allowances, issued under the Family Assistance program pursuant to New York Social Services Law § 349 and/or the Safety Net Assistance program pursuant to New York Social Services Law § 159, and regulations promulgated thereunder.
  12. The “Pathway Home Program” means the program established pursuant to this chapter.
  13. A “primary occupant” is the person who has the primary responsibility for payment of the monthly rent for the host family’s residence or the owner of such residence. The primary occupant must reside in such residence.
  14. A “program participant” means an adult household member.
  15. “Street homeless” means individuals who: (1) are living on the street or in a place not meant for human habitation and have received case management services for at least 90 days from a DHS contracted outreach provider; (2) have received case management services for at least 90 days from a DHS contracted outreach provider at a drop in center or transitional housing setting; or (3) received case management services from a DHS contracted outreach provider while living on the street or in a place not meant for human habitation, or at a drop in center or transitional housing setting, were placed in permanent housing and currently receive aftercare services.
  16. The “SYEP Program” means the Summer Youth Employment Program administered by the New York City Department of Youth and Community Development to provide New York City residents between the ages of fourteen and twenty-four with opportunities for paid summer employment.

§ 11-02 Administration of the Pathway Home Program.

HRA shall administer the Pathway Home Program, except that HRA shall make initial eligibility determinations, pursuant to 68 RCNY § 11-03 in consultation with DHS.

§ 11-03 Eligibility.

(a) To be eligible for Pathway Home, a household must meet the following eligibility requirements:

   (1) The household must meet one of the following conditions:

      (A) The household resides in DHS shelter and

         (i) has a qualifying shelter stay as defined in subdivision (b) of this section;

         (ii) has a CityFHEPS shopping letter pursuant to 68 RCNY § 10-04(c);

      (B) The household is street homeless; or

      (C) The household includes an individual with a significant prior stay in DHS shelter who was discharged from the custody of the New York City Department of Correction, and the Commissioner has determined that Pathway Home is needed to avert the individual’s reentry to a DHS shelter.

   (2) The household must have total gross income that does not exceed 200 percent of the federal poverty level as established annually by the United States Department of Health and Human Services.

   (3) If the household is not currently in receipt of PA, the household must apply for any assistance available under Part 352 of Title 18 of the New York Code of Rules and Regulations that HRA has determined the household may be eligible for.

   (4) All members of the household who are eligible for PA must be in receipt of PA.

   (5) If the household is currently in a DHS family shelter, the household must be eligible for shelter as determined by DHS pursuant to Parts 351 and 352 of Title 18 of the New York Codes, Rules and Regulations.

   (6) HRA must not have previously made Pathway Home payments on the household’s behalf.

   (7) The household must have identified a host family, consisting of relatives or friends of the household who live in the City of New York, that has agreed to permit the household to reside in its residence and to receive a monthly payment from HRA on the household’s behalf that does not exceed the amounts set forth in the table in 68 RCNY § 11-04.

   (8) The host family and the host family’s residence must meet the requirements of 68 RCNY § 11-07(h).

  1. Qualifying Shelter Stay and Limitations.

   (1) Qualifying Shelter Stay. A resident of a DHS family shelter will have a qualifying shelter stay for purposes of 68 RCNY § 11-03(a)(1)(A)(i) if the household has resided in an HRA or DHS shelter for at least 90 days prior to approval, excluding gaps of up to ten calendar days. A resident of a DHS single adult shelter will have a qualifying shelter stay for purposes of 68 RCNY § 11-03(a)(1)(A)(i) if the individual has resided in an HRA or DHS shelter for at least 90 of the 365 days prior to approval.

   (2) Qualifying Shelter Stay Limitations. The Commissioner may set a date by which qualifying shelter stays must commence, for purposes of 68 RCNY § 11-03(a)(1)(A)(i), upon an evaluation of: housing market conditions, shelter utilization rates, and the availability of funding, when the Commissioner determines that a limiting date in necessary to maintain the program’s viability. The Commissioner may remove such a limiting date upon further review of housing market conditions, shelter utilization rates, and the availability of funding.

  1. Applications must be submitted on a form and in a format established by HRA.
  2. At the time of approval, HRA will calculate the household’s Pathway Home payments pursuant to 68 RCNY § 11-04. Payments will be approved for one year and, except as provided in 68 RCNY §§ 11-05 and 11-07(g), the payments will not change during the household’s participation in the program.

§ 11-04 Calculation of Monthly Pathway Home Payments to Host Families.

(a) Except as provided in subdivisions (b) and (c) of this section or where the host family has requested to receive a lower monthly payment, HRA shall pay the host family the following amounts per month for up to one year for as long as the household continues to reside in the residence:
Pathway Home Payments      
Household Size 1 or 2 3 or 4 5+
Monthly Payment to Host $1,200 $1,500 $1,800

~

  1. Where the primary occupant receives PA, the Pathway Home payments shall not exceed the difference between the primary occupant’s payment obligation for the residence and the primary occupant’s shelter allowance under Section 352.3 of Title 18 of the New York Codes, Rules and Regulations at the time of the effective date of the household’s lease or rental agreement.
  2. Where the host family resides in a rent-stabilized apartment, the Pathway Home payments shall not exceed what the household’s proportionate share of the rent would be under Section 2525.7 of Title 9 of the New York Code of Rules and Regulations. Where the host family resides in a rent-controlled apartment, the Pathway Home payments shall not exceed the amount the primary tenant is being charged by the landlord.

§ 11-05 Moves.

(a) A household on whose behalf HRA is making Pathway Home payments may not move to a new residence and maintain eligibility for Pathway Home except with the approval of the Commissioner and provided that the move must be to a residence within the City of New York. The program participant must obtain such approval prior to moving to a new residence, provided that the Commissioner may consider a request for approval made after the move if a program participant is unable to obtain such approval prior to the move due to circumstances beyond the program participant's control. If the household is moving with its current host family to a new residence, the Commissioner shall grant approval for the move provided the new residence passes a safety and habitability assessment pursuant to 68 RCNY § 11-07(h). In all other situations, the Commissioner shall grant approval for a move from one residence to another residence only if the program participant shows that there is good cause for the move.
  1. If the Commissioner has approved a move to a new residence, the Commissioner shall, if applicable, recalculate the Pathway Home payments and the payments shall not change for the remainder of the time the household remains eligible for Pathway Home unless there is another move. Any Pathway Home payments made on the household’s behalf shall count towards the household’s one year limit in the program.

§ 11-06 Agency Review Conference and DSS Administrative Appeal Process.

(a) Right to DSS Administrative Review. An applicant or current or former program participant may request an agency review conference and/or a DSS administrative hearing to seek review of any determinations or actions under this subchapter, as well as any failures to act, or failures to act with reasonable promptness, in implementing the provisions of this subchapter.
  1. Agency Review Conference.

   (1) If an individual requests an agency review conference, pursuant to subdivision (a) of this section, HRA shall informally review and attempt to resolve the issues raised.

   (2) An individual may request an agency review conference without also requesting a DSS administrative hearing. Requesting an agency review conference will not prevent an individual from later requesting a DSS administrative hearing.

   (3) An agency review conference must be requested within sixty days after the challenged determination or action, provided further that if an DSS administrative hearing is scheduled, an agency review conference must be requested reasonably in advance of the scheduled hearing date.

   (4) A request for an agency review conference will extend the time period to request an DSS administrative hearing as set forth in paragraph (2) of subdivision (c) of this section to sixty days after the date of the agency review conference.

  1. Request for a DSS Administrative Hearing.

   (1) An administrative hearing must be requested in writing. Such written request must be submitted by mail, electronic means or fax, or other means as DSS may set forth in an appeals notice.

   (2) Except as provided in paragraph (4) of subdivision (b) of this section, a request for an administrative hearing must be made within sixty days after the challenged determination or action.

  1. Authorized Representative.

   (1) Except where impracticable to execute a written authorization, a person or organization seeking to represent an individual who has requested a conference or hearing under this section must have the individual’s written authorization to represent him or her at an agency review conference or administrative hearing and to review his or her case record, provided that such written authorization is not required from an attorney retained by such individual. An employee of such attorney will be considered an authorized representative if such employee presents written authorization from the attorney or if such attorney advises DSS by telephone of such employee’s authorization.

   (2) Once DSS has been notified that a person or organization has been authorized to represent an individual at an agency review conference or administrative hearing, such representative will receive copies of all correspondence sent by DSS to the individual relating to the conference and hearing.

  1. Aid Continuing.

   (1) If a program participant requests an administrative appeal of a determination that Pathway Home payments are to be reduced, restricted, suspended or discontinued, such program participant shall have the right to continued receipt of Pathway Home payments in the amount in effect at the time of the determination until the hearing decision is issued pursuant to subdivision (l) of this section, provided that:

      (A) The program participant requests the administrative appeal within ten days of the mailing of the notice of such determination; and

      (B) The appeal is based on a claim of incorrect computation or an incorrect factual determination.

   (2) There is no right to continued Pathway Home rental assistance payments pursuant to this subdivision where the sole issue on appeal is one of Local, State or Federal law or policy, or change in Local, State or Federal law.

   (3) Pathway Home rental assistance payments will not continue pending the issuance of a hearing decision when:

      (A) The program participant has voluntarily waived his or her right to the continuation of such assistance in writing; or

      (B) The program participant does not appear at the administrative hearing and does not have a good cause reason for not appearing.

      (C) Twelve months of Pathway Home payments have already been made on behalf of a household.

   (4) If a program participant requests an additional appeal pursuant to subdivision (m) of this section, Pathway Home payments will continue uninterrupted after issuance of the hearing decision until a written decision is issued pursuant to subdivision (l) of this section, unless twelve months of Pathway Home payments have already been made on behalf of a household.

  1. Notice. DSS shall provide the individual who has requested a hearing under this section with notice of the date, time, and location of the administrative hearing no fewer than seven calendar days prior to the scheduled date of the administrative hearing, unless the issue underlying the request for an administrative hearing has been resolved and the individual has withdrawn his or her hearing request.
  2. Examination of Case Record. The individual who has requested a conference or hearing under this section or his or her authorized representative has the right to examine the contents of his or her Pathway Home program case file, if one exists, and all documents and records that HRA intends to use at the administrative hearing. Upon request by telephone or in writing, HRA shall provide such individual with copies of all such documents, and copies of any additional documents in the possession of HRA that the individual identifies and requests for purposes of preparing for the administrative hearing. HRA shall provide such documents at no charge reasonably in advance of the administrative hearing. If the request for such documents is made less than five business days before the administrative hearing, HRA must provide the individual with copies of such documents no later than at the time of the administrative hearing.
  3. Adjournment. The administrative hearing may be adjourned for good cause by the administrative hearing officer on his or her own motion or at the request of the individual who requested the hearing or his or her authorized representative, or HRA.
  4. Conduct of Administrative Hearing.

   (1) The administrative hearing shall be conducted by an impartial hearing officer appointed by DSS who shall have the power to administer oaths and issue subpoenas and who shall have no prior personal knowledge of the facts concerning the challenged determination or action.

   (2) The administrative hearing shall be informal, all relevant and material evidence shall be admissible and the legal rules of evidence shall not apply. The administrative hearing shall be confined to the factual and legal issues raised regarding the specific determination(s) for which the administrative hearing was requested.

   (3) The individual who requested the hearing shall have a right to be represented by counsel or other representative, to testify, to produce witnesses to testify, to offer documentary evidence, to offer evidence in opposition to the evidence presented by HRA, to request that the hearing officer issue subpoenas, and to examine any documents offered by HRA.

   (4) An audio recording, an audio visual recording or written transcript of the administrative hearing shall be made.

  1. Abandonment of Request for Administrative Hearing.

   (1) DSS will consider an administrative hearing request abandoned if neither the individual who requested the hearing nor his or her authorized representative appears at the administrative hearing, unless either the individual or his or her authorized representative has:

      (A) contacted DSS prior to the administrative hearing to request rescheduling of the administrative hearing; or

      (B) within fifteen calendar days of the scheduled administrative hearing date, contacted DSS and provided a good cause reason for failing to appear at the administrative hearing on the scheduled date.

   (2) DSS will restore the case to the calendar if the individual who requested the hearing or his or her authorized representative has met the requirements of paragraph (1) of this subdivision.

  1. Hearing Record. The recording or written transcript of the hearing, all papers and requests filed in connection with the hearing, and the hearing decision collectively constitute the complete and exclusive record of the administrative hearing.
  2. Hearing Decision. The hearing officer shall render a decision based exclusively on the hearing record. The decision must be in writing and must set forth the administrative hearing issues, the relevant facts, and the applicable law, regulations and approved policy, if any, upon which the decision is based. The decision must identify the issues to be determined, make findings of fact, state the reasons for the determinations, and when appropriate, direct HRA to take specific action.

   (1) A copy of the decision will be sent to each of the parties and to their authorized representatives, if any. The decision shall include written notice to the individual who had requested the hearing of the right to further appeal and the procedures for requesting such appeal.

   (2) HRA is not bound by a hearing decision that exceeds the authority of the hearing officer or that is contrary to federal, State, or local law or these rules. If the Commissioner determines that HRA is not bound by a hearing decision, the Commissioner shall promptly notify the individual who had requested the hearing of such determination, and of the reasons for the determination. Such notification shall be in writing and shall also inform the individual of the right to judicial review.

  1. Additional appeal.

   (1) An appeal from a decision of a hearing officer may be made in writing to the Commissioner provided it is received by DSS through the procedures described in the notice accompanying the hearing decision no later than fifteen business days after DSS sends the hearing officer’s decision. The record before the Commissioner shall consist of the hearing record, the hearing officer’s decision and any affidavits, documentary evidence, or written arguments that the applicant or program participant may wish to submit.

   (2) The Commissioner shall render a written decision based on the hearing record and any additional documents submitted by the applicant or program participant and HRA.

   (3) A copy of the decision, including written notice to the applicant or program participant of the right to judicial review, will be sent to each of the parties and to their authorized representatives, if any.

   (4) Upon issuance, the decision of the Commissioner made pursuant to an appeal under this section is final and binding upon HRA and must be complied with by HRA.

§ 11-07 Additional Provisions.

(a) Households in the Pathway Home Program will be referred to service providers who will help connect them to appropriate services in their communities.
  1. Waitlists will not be maintained for the Pathway Home Program.
  2. HRA will only allow a household to move in with a host family residing in a subsidized apartment on a case-by-case basis.
  3. Shelter residents are responsible for identifying potential host families.
  4. A host family who is receiving Pathway Home payments from HRA is prohibited from demanding, requesting, or receiving any monies, goods or services directly from the household. A host family who demands, requests or receives any monies, goods or services other than the Pathway Home payments for hosting will be required to return any Pathway Home payments to HRA.
  5. Both the host family and the program participant must promptly inform HRA if any new person moves into, or if the entire household or any member of the household moves out of, the host family’s residence.
  6. If the household moves out of the host family’s residence, the host family must return any payments for any period of time in which the household was not residing in the residence. If one or more members of the household moves out of the host family’s residence, HRA will recalculate the Pathway Home payments based on the number of people from the original household who still reside in the residence and the host family must return any overpayments.
  7. Any host family residence must pass a safety and habitability inspection. Additionally:

   (1) If the household includes a member who is under eighteen years of age, the host family must pass a clearance that shall include, at a minimum, an evaluation of any information contained in the Statewide Central Register of Child Abuse and Maltreatment concerning any family member and whether any host family member is registered as a sex offender pursuant to Article 6-C of the New York Correction Law.

   (2) If the host family includes a member who is under eighteen years of age, the household must pass a clearance that shall include, at a minimum, an evaluation of any information contained in the Statewide Central Register of Child Abuse and Maltreatment concerning any household member and whether any household member is registered as a sex offender pursuant to Article 6-C of the New York Correction Law

  1. If any member of the household has been determined to be eligible for HRA shelter under Section 452.9 of Title 18 of the New York Codes, Rules and Regulations, the host family must not include the perpetrator of the domestic violence that resulted in such determination.
  1. The number of eligible households that can be approved for Pathway Home payments under this chapter will be limited by the amount of available funding.