Section 8 Briefing Book Abridged PDF
Section 8 Briefing Book Abridged PDF
voucher program
The New York City Department of Housing
Preservation and Development
Briefing Book
ABRIDGED VERSION
Section 8 Housing Choice Voucher
Program Briefing Book
Table of Contents
Chapter 1: Introduction ............................................................................ Page 1
• Contacting HPD
• Hearing-Impaired Callers
• Limited English Proficiency (LEP)
• Translation and Interpretation Services
• HPD’s Mission
• What is the Section 8 Housing Choice Voucher (HCV) Program?
• Administrative Plan
• Family Self-Sufficiency (FSS) Program
• Persons with Disabilities
• Violence Against Women Act (VAWA)
• Housing Discrimination
• Report Corruption and Criminal Activity
• Briefing Packet Materials
• Vouchers
• Total Tenant Payment (TTP)
• Maximum Initial Rent Burden
• Payment Standards
• Gross Rent
• Family Share
• Housing Assistance Payments (HAP)
• Subsidy Standards
• Reasonable Rent
• Example of Rent Calculation
• Rent Breakdown Letter
• Rent Increases
• Required Documents
• Landlord Package
• Lease
• Security Deposit
• Documentation
• Inspections
• HPD Review
• HAP Contracts
• Moving In
• Changes in the Lease
• Lease Renewal
• Types of Inspections
• Scheduling Your Inspection
• Entering the Unit
• Passing Inspection
• Failing Inspection: Owner-Caused
• Failing Inspection: Tenant-Caused
• Reporting HQS Deficiencies
• Smoke Detectors
• Carbon Monoxide Detectors
• Lead-Based Paint
• Notification of Inspection Results
• Family Obligations
• Reporting Changes
• Failure to Report Changes
• Absence from the Unit
Chapter 9: Owner Responsibilities ............................................................ Page 71
• Owner Eligibility
• Owner Obligations
• Sale of Units
• Annual Recertification
• Interim Recertification
• Verification
• Reporting Changes
• Absence from the Unit
• Rent Changes
• Move Requirements
• Moving Procedures
• Assistance/Rent
• Moving Costs
• Termination by HPD
• Termination by Owner
• Grounds for Terminations
• Appealing Terminations
• Conference
• Informal Hearing
• Informal Review
• Informal Review and Informal Hearing Procedures
• Interpreters for Appeals and Hearings
• Legal Representation for Appeals and Hearings
- Contacting HPD
- Hearing-Impaired Callers
- Limited English Proficiency (LEP)
- Translation and Interpretation Services
- HPD’s Mission
- What is the Section 8 Housing Choice Voucher (HCV) Program?
- Administrative Plan
- Family Self-Sufficiency (FSS) Program
- Persons with Disabilities
- Violence Against Women Act (VAWA)
- Housing Discrimination
- Reporting Corruption and Criminal Activity
- Briefing Packet Materials
Welcome to the City of New York Department of Housing Preservation and Development’s Section 8
Housing Choice Voucher (HCV) Program.
This book will provide you with information on how the HCV Program works and your rights and
responsibilities as a participant in the program. In this chapter you will find a brief introduction to the HCV
Program.
Contacting HPD
We encourage you to contact an HPD representative if you have questions or if you need assistance.
If you have a hearing-disability and use TTY equipment, you may call HPD’s TTY line at: 212-504-4115.
Limited English Proficiency (LEP)
If you cannot read or understand English and you need services in a language other than English,
HPD will assist you.
HPD may have documents translated into other languages, provide an interpreter, or reach out to local
organizations and city government to provide translation and interpretation for non-English-speaking
families.
If you speak a language other than English or you are hearing-impaired, there are
resources available to help you understand the information in this Briefing Book. Call
Client Services at: 917-286-4300. For individuals requiring a TTY line please call (212)
504-4115.
Español
Русский язык
Si ou pale yon lang ki pa Angle oswa si ou gen pwoblèm pou tande, genyen resous ki
disponib pou ede ou konprann enfòmasyon ki nan Liv Ekspoze sa a. Rele Sèvis Kliyan
nan nimewo: 917-286-4300.
中國人
如果您說英語以外的另一種語言或是聽障,有資源可協助您理解本簡介小冊的資訊。請
致電917-286-4300與客戶服務部門聯絡。
한국어
The US Department of Housing and Urban Development (HUD) funds the HCV Program and sets the rules
and regulations that HPD must follow in administering the program.
• Under the tenant-based HCV Program, HPD issues an eligible family a voucher and
the family selects a unit (apartment or house) of its choice. Voucher holders are able
to choose their own housing as long as it meets the requirements of the program.
• HPD pays a housing subsidy directly to the landlord or owner on behalf of the family.
The family pays approximately 30% of its income towards the rent charged by the
landlord, and the subsidy covers the difference.
• If eligible, families may move with Section 8 assistance. Requests to move must be
made in advance and HPD approval must be given prior to the family moving out of
the assisted unit. If the family moves out of the unit, HPD’s contract with the owner
ends.
• HPD also administers special Enhanced vouchers, also known as “sticky vouchers,”
and Project-Based vouchers. These vouchers have some different features than
regular (“tenant-based”) vouchers. They are discussed in more detail in Chapter 11
and Chapter 12.
Administrative Plan
HPD’s Administrative Plan includes HPD’s policies for carrying out the HCV Program in a manner
consistent with HUD regulations, local goals, and HPD’s Agency Plan.
All participants in the program must comply with HPD’s policies as stated in the current Administrative Plan.
You may request a copy of the current Administrative Plan at our office. The most recent Administrative
Plan is also online at: http://www.nyc.gov/html/hpd (click on the “Section 8” heading).
Page 5
All issues that are not addressed in HPD’s Administrative Plan are governed by other HUD regulations and
HPD policies, notices, memos, and state and local laws.
Family Self-Sufficiency (FSS) Program
If you receive HCV assistance, you may be eligible for the Family Self-Sufficiency (FSS)
Program.
• The FSS Program offers services to help you achieve economic self-
sufficiency. The goal of the program is to help you gain the education,
job training, and other services you need to find employment or a
better-paying job.
• You may be eligible for a financial reward if you complete the program
and meet specific FSS goals.
• Enrollment in FSS and graduation from does not mean that you will
lose your Section 8 voucher.
• You may request an accommodation on the HCV application and on other HPD
documents, or you may contact HPD at any time.
• You will be given reasonable time to find housing and may be given extended time
so that you can locate housing that meets your needs.
• If you are an applicant who is or who has been the victim of domestic violence,
dating violence, or stalking, you cannot be denied Section 8 program assistance or
admission if you otherwise qualify for assistance or admission.
Page 6
• If you believe that you have been a victim of housing discrimination during your
housing search, you should report this claim to HPD’s Office of Community
Partnerships at 212-863-7928. Staff in the office will assist you and will conduct an
investigation.
• New York City Local Law 10 of 2008 prohibits owners of buildings with six or more
units from discriminating against tenants or applicants for housing based upon lawful
sources of income, which includes your Section 8 voucher.
If you believe that you have been the victim of income-based discrimination in the
City of New York, you may file a complaint with the Law Enforcement Bureau of the
City’s Commission on Human Rights.
Or
Call 311
Or visit http://www.nyc.gov/html/cchr/html/howto.html.
The New York City Department of Investigation (DOI) handles complaints and allegations of corruption
and criminal behavior in City agencies and by City employees.
Examples of corruption include City employees accepting bribes or gratuities, inspectors falsely reporting
violations or overlooking violations for personal reasons, or City employees using City resources for non-
City purposes.
Or visit http://www.nyc.gov/html/doi
The City of New York Department of Housing Preservation and Development (HPD) administers the
Housing Choice Voucher (HCV) Program according to U.S. Department of Housing and Urban Development
(HUD) regulations. HPD is committed to assuring that all participating families are given the correct
amount of assistance and that housing resources reach only eligible families so that program integrity can
be maintained.
Program integrity requires you to provide accurate and up-to-date information to HPD. If you are
responsible for fraud or abuse, HPD may deny or terminate your assistance and may seek repayment and/
or criminal prosecution.
It is very important to ask questions if you are not sure of something. Do not hesitate to contact us if you
have a question or problem.
You are committing fraud if you sign a form knowing that you provided false or misleading information.
When you fill out your application and complete documents at your annual recertification, make sure that
your answers are complete, accurate, and honest. If you do not understand a question, be sure to ask.
• Your assistance may be denied or terminated if you or a family member has willfully
and intentionally committed fraud, bribery, or any other corrupt or criminal act in
connection with any federal housing program.
Page 11
• HPD may deny or terminate your assistance if you have misrepresented your income,
household members, or any other reported information on or accompanying the HCV
application.
• If you have committed fraud HPD may terminate your assistance, you may be
required to repay the entire amount of assistance in full, and HPD may refer the
case for criminal prosecution through the NYC Department of Investigation (DOI)
Inspector General.
• HPD uses HUD’s Enterprise Income Verification (EIV) internet database to identify
families who have unreported and/or underreported income. EIV provides HPD with
information about monthly employer new hires, quarterly wages (including employer
information), quarterly unemployment compensation, and monthly Social Security
(SS) and Supplement Security Income (SSI) benefits.
If you know of anyone who provided false information on a housing assistance application or
recertification, or if anyone tells you to provide false information, report that person to HPD’s
Program Integrity and Compliance Unit at:
Or
Or
Or
Call 311
HPD will take corrective actions when errors or omissions are discovered. The specific corrective action
depends upon who caused the error.
• If HPD makes an error in determining your family income, your family share
of the rent, or your household composition (determining who lives in your
household), HPD will notify you and will correct the error.
If your family share of the rent was too high as a result of an HPD error, HPD
Page 12
•
will refund the extra amount that you paid. HPD will refund this to the owner on
your behalf. HPD will inform both you and the owner of this error by issuing a
new rent breakdown letter. You must contact the owner to ensure your account
is credited.
• If your family share of the rent was too low as a result of an HPD error, you will
not be responsible for paying the owner any additional money and the owner
will not be required to repay any excess HAP payments for the period in which
the error occurred. HPD will notify you and the owner of the change in the
amount of the family share and HAP payment. This change will be effective the
first day of the month following notification.
• If your family share of the rent is too high as a result of your error or omission,
you will NOT be reimbursed for any amount that you have overpaid. The
change in your family share will be effective the first day of the month following
notification or discovery of the error or omission.
If your family share of the rent is too low as a result of your error or omission,
HPD will notify both you and the owner of the correct family share and HAP
payment. You will owe HPD the amount that you have underpaid retroactively to
the time of the error or omission (see Repayment Agreements below).
Repayment Agreements
If you owe money to HPD, HPD may allow you to enter into a repayment agreement, and/or require
you to pay a fine instead of terminating your subsidy. HPD is under no obligation to enter into a
repayment agreement and may terminate your subsidy without offering a repayment plan. If you do enter
into a repayment agreement but do not comply with the terms, you may be terminated from the HCV
program.
Privacy
When you apply for HCV assistance you are required to sign a consent form called the Authorization for
the Release of Information/Privacy Act Notice. By signing this form you authorize HUD and HPD to request
income information from the identified sources listed on the form.
This information will be used to verify your household’s income, to ensure that you are eligible for
assistance, and to ensure that you receive the correct amount of assistance. HPD may utilize computer
matching programs with these sources in order to verify your eligibility and to determine the amount of
your assistance.
• HPD may disclose your information for certain routine uses, such as to other
government agencies for law enforcement purposes, to federal agencies for
employment suitability purposes, and to other housing authorities for the
purpose of determining housing assistance.
Page 13
Ask Questions
Before you sign any documents, make sure that you read them thoroughly and that
you understand them. If you do not understand something on the application or
forms, always ask questions.
Page 14
chapter 3
eligibility
Page 15
Page 16
Chapter 3: Eligibility
This chapter includes information about:
- The Definition of a Family
- Income Limits
- Citizenship or Eligible Immigration Status
- Social Security Numbers
- Prohibited Activities
- Applicant Screening
- Denial of Assistance
To participate in the Housing Choice Voucher (HCV) Program you must meet the requirements set by the
U.S. Department of Housing & Urban Development (HUD) and HPD.
After you complete an application, and if you are determined initially eligible to receive HCV assistance,
HPD will put your name on a waiting list. When your name reaches the top of the waiting list, HPD will
contact you to attend a mandatory briefing. If you have received a “Notice of Section 8 Mandatory Briefing”
and have been given this Briefing Book, you are at the briefing stage in the eligibility process.
In this chapter you will learn how HPD determines your eligibility to receive HCV assistance. HPD
usually completes your initial eligibility determination before you are invited to a briefing session.
• You may not rent from any immediate family member (a parent, child, grandparent,
grandchild, sister, or brother). HPD may waive this restriction as a reasonable
accommodation for a family member who is a person with a disability and can
demonstrate a relationship between the disability and the requested accommodation.
If you are enrolled full-time or part-time at a college or university, you do not qualify as a
family for the purpose of receiving HCV assistance unless you meet one of the following
requirements:
• You have a legal dependent other than a spouse (a child or elderly dependent
parent)
Different income limits apply for Enhanced voucher holders and families that are transitioning to Section
8 from another federal subsidy program such as public housing (referred to as continually assisted). For
more information, see Chapter 11: Enhanced Vouchers.
HPD will determine your annual income (also known as your “gross income”) according to HUD
regulations. Your annual income includes:
• All amounts (monetary or not) that are paid to or are paid on behalf of the head of
household or spouse or any other family member, even if this person is temporarily
absent from your residence
All amounts that you anticipate receiving from someone outside of your household
Page 18
•
during the 12-month period following your admission to the program or your annual
recertification
- Interest, dividends, and other net income of any kind from your real or
personal property, including real estate. This also includes any rental
income if you rent out your property.
- The full amount of periodic payments that you receive from Social
Security, annuities, insurance policies, retirement funds, pensions,
lotteries, disability or death benefits, or other similar types of periodic
income
- Welfare assistance
• Some income sources do not count towards your gross income and are considered
“excluded” from HPD’s calculation of your income. Examples of excluded income
include all earned income of minors and payments for care of foster children.
You must report all income for your household, and HPD will determine if any of
this income is excluded.
• HPD will calculate your annual income and will subtract any deductions and
allowable expenses for which your family is eligible.
HUD regulations specify these deductions and allowable expenses:
- A deduction for each family member (other than the head of household
or spouse) who is 18 or over and who is a person with a disability or is a
full-time student
- A deduction for families where the head of household, spouse, or the only
household member is age 62 or over or is a person with a disability. If
you believe you qualify for this deduction, HPD may request documents
Page 19
to verify eligibility.
- Eligible medical expenses for any of your family members if the head of
household or spouse is elderly or disabled.
• HPD will determine whether an expense is an allowable deduction from your income.
Your annual income minus your allowable deductions and expenses equals your adjusted
income. Your monthly rent payment is based on your adjusted income.
eligible immigration status.HPD will verify all household members who declare eligible immigration
status using a federal database.
To be eligible for HCV assistance, you must:
• If you do not have a Social Security card, you may provide another acceptable form
of verification that verifies your Social Security number, such as a bank statement,
IRS Form 1099, or government-issued document that has your name and Social
Security number on it.
• Any family member is subject to a lifetime registration requirement under a state sex
offender registration program
• Your family was evicted from federally assisted housing for serious violation of the
lease
• Any family member on the HCV application has been evicted from federally-assisted
housing in the last 3 years
• Any family member fails to sign and submit consent forms for obtaining information
• HPD has previously terminated HCV assistance for any member of your family
• Any family member has committed fraud, bribery, or any other corrupt or criminal
act in connection with any federal housing program
• Any family member commits drug-related criminal activity or violent criminal activity
• Any family member has engaged in criminal activity that may threaten the health or
safety of the owner, property management staff, or persons performing the contract
Page 21
• There is reasonable cause to believe that a family member’s alcohol or illegal drug
use or a pattern of alcohol or illegal drug use may threaten the health, safety, or
right to peaceful enjoyment of the premises by other residents
• Your family currently owes rent or other amount to HPD or to any Public Housing
Authority in connection with HCV or public housing assistance
• Your family has not complied with a repayment agreement with HPD or another
Public Housing Authority
• Your family has engaged in or threatened abusive or violent behavior toward HPD
personnel
• Your family has violated one of the HCV Program’s family obligations listed on your
voucher
• Your family has failed to provide requested information or has failed to attend a
mandatory briefing
• Your family has failed to reimburse a Public Housing Authority for amounts paid to an
owner under a HAP contract for rent, for damage to a unit, or for any other amounts
owed under the lease
• There is any good cause reason as determined by HPD for denying your application
for assistance, subject to program regulations
Applicant Screening
HPD will administer screening fairly and will not violate your rights to privacy or discriminate on the basis
of your race, color, nationality, religion, familial status, disability, sexual orientation, gender identification or
other legally-protected factors.
• HPD will conduct screening for drug-related and violent criminal behavior for family
members 18 years or older.
• HPD will conduct a lifetime sex-offender registry screening for any family members
18 years or older
• Owners may conduct their own screening before allowing you to sign a lease.
Denial of Assistance
If HPD denies your assistance, HPD will give you prompt notice along with a brief statement of the reason
for the decision. You will be given the opportunity to request an informal review. Chapter 16: Appeals and
Hearings contains information on the informal review process.
If you are denied assistance, one or more of the following may occur:
Page 22
• HPD will not provide you with assistance with using your voucher to move
outside of New York City (portability)
chapter 4
vouchers and
rent
Page 26
Chapter 4: Vouchers and Rent
This chapter includes information about:
- Vouchers
- Total Tenant Payment (TTP)
- Maximum Initial Rent Burden
- Payment Standards
- Gross Rent
- Family Share
- Housing Assistance Payments (HAP)
- Subsidy Standards
- Reasonable Rent
- Example of Rent Calculation
- Rent Breakdown Letter
- Rent Increases
After HPD has determined that you are initially eligible for assistance, you are required to attend a briefing
session. Following the briefing, if you are eligible, HPD will issue you a voucher. Your voucher entitles you
to search for an apartment.
As a participant in the Housing Choice Voucher (HCV) Program, you will be provided assistance to help
you afford your rent. HPD will pay your landlord a monthly housing subsidy on your behalf. You will be
responsible for paying the difference between the actual rent charged by the landlord and the amount
subsidized by HPD.
In this chapter you will find information to help you understand what a voucher is and how the voucher
and rent process works.
HPD also administers special “Enhanced vouchers,” also known as “sticky vouchers,” and Project-Based
Vouchers. These vouchers have some different features than regular (“tenant-based”) vouchers. They are
discussed in more detail in Chapter 11 and Chapter 12. HPD will inform you at the Briefing Session if you
will receive an Enhanced voucher or Project-Based Voucher.
Adjusted Income: This is your annual (“gross”) income minus allowable deductions and
expenses as calculated by HUD.
legally.
Contract Rent: Also known as the rent to owner, this is the full rent that the owner is
charging for the unit.
Gross Rent: This is your entire housing cost, which includes both the rent to owner and
any additional utility costs that you will need to pay.
HAP: Also known as the Housing Assistance Payment, this is the portion of your rent
that is paid by HPD.
HAP Contract: Also known as Housing Assistance Payment Contract - A contract between
HPD and landlord that outlines the terms and conditions of subsidy payments to the landlord
on the tenant’s behalf.
Landlord Package: The Landlord Package consists of the forms that the Landlord must
complete to provide HPD with basic information about the rental unit and the landlord such
as address, rent amount, etc. It also includes the RFTA and lead based paint disclosure
forms. The Landlord Package also includes informational fact sheets for the landlord to learn
about requirements of HPD’s program.
RFTA: Also known as the Request for Tenancy Approval or form HUD-52517, this form
must be submitted by the owner or family as part of the Housing Choice Voucher program
leasing process. It contains important information about the rental unit selected by the
family.
Reasonable Rent: This means that the rent is comparable to the rents that are being
charged for similar unsubsidized apartments in the same building or neighborhood.
HPD may not approve any rent higher than the reasonable rent even if HPD determined
reasonable rent is below the payment standard.
Maximum Initial Rent Burden: The maximum initial rent burden is the maximum
amount that your family may contribute to total housing costs at the time that you sign your
initial lease.
Subsidy Standards: Also known as Occupancy Standards, these determine the number
of bedrooms needed for families of different sizes and compositions.
TTP: Also known as Total Tenant Payment, this is the minimum amount that you must
contribute toward rent and utilities regardless of the unit you select.
Voucher: This represents a contractual agreement between you and HPD specifying the
rights and responsibilities of each party.
Vouchers
Page 28
Once HPD has determined that you are eligible to participate in the HCV program and you have attended
a briefing on the program requirements, you will receive a voucher. You will also receive a blank Landlord
Package that your landlord will complete and return to HPD.
Your Voucher
• Represents a contractual agreement between you and HPD
• Specifies the unit size for which you are eligible based upon HPD’s subsidy standards
• Describes the HCV Program and procedures for approving a unit that you select
Your initial voucher is good for 120 days. Your voucher does not admit you to the HCV
Program. You are not a participant in the program until a lease and HAP contract are signed,
have been returned to HPD, and have taken effect and HPD mails you a rent breakdown letter.
Becoming a participant in the Section 8 program is not only dependant on your compliance,
but also on voucher and funding availability.
If you locate a newly-constructed unit that does not yet have its Certificate of Occupancy
(C of O) and it will not have one before the date that your voucher expires, do not wait for the
unit. Continue your housing search. HPD will not extend vouchers for applicants who are waiting for
an apartment to receive its Certificate of Occupancy.
If you are remaining in your current apartment and believe that you worked with someone from an HPD
program to complete a Landlord Package at the time you completed your application, please contact the
HPD program to confirm this. You can also call Client Services to confirm that a Landlord Package has been
received by Owner Services at: 917-286-4300.
• If the Landlord Package submitted is not approved, HPD will invite you to come to
HPD for a new voucher. If you do not respond to HPDs invitation for a new voucher,
you may be denied assistance.
Expiration
• If you have not located a unit and submitted a complete Landlord Package within
the 120 day voucher term, your voucher will expire. You will need to reapply for
the HCV Program, and you will be placed on the waiting list only if HPD is accepting
applications through one of its programs and if you are still eligible.
• It is your responsibility to monitor the expiration date on your voucher. HPD will
not notify you that your voucher has expired. Once your voucher expires, your
application is closed and you are no longer eligible for Section 8 subsidy.
Page 29
Voucher Extensions
• You should make every effort to locate a decent, safe and affordable apartment
during the 120-day voucher term so that your voucher does not expire.
• HPD will only grant voucher extensions for very limited documented special
circumstances and emergencies. HPD may grant extensions if needed as a
reasonable accommodation for a person with disabilities.
• If you locate an apartment that is not currently ready for occupancy (it is a new
building that does not have a Certificate of Occupancy, the unit is being renovated,
another family resides in the unit, etc.) you should continue to look for an apartment
that is immediately available. HPD will NOT grant voucher extensions for tenants
who locate units that are not ready for occupancy.
• To request an extension, you will need to come in to HPD’s office and complete a
Request for Voucher Extension form. You should bring all of the supporting
documentation that you will submit to justify your request. If you cannot come in to
the office due to your disability, please call Client Services at: 917-286-4300.
Your maximum initial rent burden is equal to 40% of your monthly adjusted income. You
cannot pay more than 40% of your monthly income towards your housing costs.
If you select a unit where the gross rent is higher than the Payment Standard for that
unit size and that rent is determined reasonable by HPD, you will have to pay more
than 30% of your monthly adjusted income towards rent. However, your Total Tenant
Payment still cannot be more than 40% of your adjusted monthly income at the time
that you sign your initial lease.
If the Landlord is not willing to adjust the rent, the request for tenancy will be rejected.
Payment Standards
The Payment Standard is the maximum monthly subsidy that HPD will pay for a unit,
based on the number of bedrooms in the unit.
• HPD sets the Payment Standard at 110% of the HUD Fair Market Rent (FMR) for the
New York City metropolitan region.
- The Payment Standard amount for the size of the unit that you
rent
For example, if you have a voucher for a one bedroom unit and you rent a two bedroom
unit, HPD would apply the Payment Standard for a one bedroom unit, and you would
have to pay any additional rent costs out of your own pocket to remain in the subsidized
unit. Your maximum rent payment cannot exceed 40% of your monthly
adjusted income.
• If your family size increases or decreases during the HAP contract term, HPD will
redetermine the voucher size for which you are eligible and will apply the Payment
Standard for your new family size at the next annual recertification. Your Payment
Standard will still be the lower of the Payment Standard amount for your voucher
size or the Payment Standard for the size of the unit that you are renting.
• If you are living in a unit larger than the approved size for your family size, you will
have to pay any additional rent costs out of your own pocket to remain in the larger
unit. You cannot pay more than 40% of your adjusted monthly income towards your
housing costs. If living in the in the unit will result in you paying more than 40%
of your adjusted monthly income towards your housing cost, HPD will reject the
Landlord Package/RFTA that you submitted for the unit.
• To keep your share of the rent at 30% of your income, you should look at units
where the rent is less than or equal to the Payment Standard for your voucher size.
A Schedule of Payment Standards is included in your Briefing Packet appendix.
Gross Rent
Page 31
Your gross rent is your entire housing cost, which includes both the rent paid to the
owner and any additional utility costs that you will need to pay. If all of the utilities are
included in the rent, the rent to the owner and the gross rent will be the same.
Rent to Owner
Rent to owner, or contract rent, is the full rent that the owner is charging for the unit,
including any utilities provided under the lease. The total rent that you pay to the owner
plus the HAP payment paid by HPD is generally equal to the total contract rent for the
unit.
Utilities
Your lease and Landlord Package specify the utilities that you pay for and the utilities, if
any, that are included in your rent.
• You must notify HPD if there is any change in who is responsible for paying utility
expenses. Changes to payment of utilities may only be requested at the point of
lease renewal. The change must be requested in advance with a RFTA and lease that
outlines the proposed changes.
• If you are responsible for paying for utilities, HPD provides a Utility Allowance (UA)
to assist you with utility costs.
• The UA is based on the utility schedule (the average utility consumption) for a family
in your unit size for each of the utilities that you pay. For example, if your family
pays for hot water, heat, and electricity, HPD uses the utility schedule for your unit
size for each of these utilities to determine the total UA for your family.
• The UA is based on the size of the unit you are actually living in, regardless of the
size that is authorized on your voucher.
• You do not receive a UA if all of your utilities are included in the unit rent.
• To determine the UA for your unit size, consult the Schedule of Payment Standards
included in your briefing packet.
Sub-metering
Sub-metering refers to the individual metering of utilities at an apartment building.
• Your landlord may install an individual meter in your unit to measure your energy
usage and then bill you for your utility usage.
Page 32
• If your utilities are sub-metered, the charges for utilities are no longer part of your
rent but are a separate charge for which you are responsible in addition to the rent.
If your utilities are sub-metered, you will receive a Utility Allowance.
• Depending on your energy usage, your actual utility costs may exceed your Utility
Allowance. You will then have to pay the additional amount out of your pocket.
If you conserve your energy use, you may have to pay less than the amount of your
Utility Allowance and you may keep the difference.
Family Share
The family share is your contribution toward the gross rent.
Your family share may be the TTP or a higher amount, depending on the unit that you
select:
• If you select a unit with a gross rent that is equal to or lower than your Payment
Standard, your family share will be the same as the TTP.
• If you select a unit with a gross rent that is higher than the Payment Standard, your
family share is the TTP plus any amount by which the gross rent exceeds the
Payment Standard.
• The part that you pay the owner for rent (the family rent to owner)
• If you are not responsible for paying any utilities, your rent to owner is the same as
your family share.
• The family share will be listed on the Rent Breakdown letter that HPD will send you
once you become a participant.
• HPD can only calculate your HAP after you have been issued a voucher, have
selected a unit, submitted a complete Landlord Package, the rent has been approved
by HPD and the unit has passed an HQS inspection.
• The HAP contract describes in detail program requirements affecting the owner and
the owner’s roles and responsibilities under the Housing Choice Voucher program.
• After you have signed a lease and the owner and HPD have executed the HAP
contract, HPD will send you and the owner a Rent Breakdown letter. The letter will
specify the amount that you are responsible for paying to the owner each month.
• Even though you signed a lease that states the full contract rent, your Rent
Breakdown letter will specify the dollar amount that you are required to pay to the
owner.
Subsidy Standards
Subsidy standards, also known as “occupancy standards,” are used to determine the
appropriate number of bedrooms (the voucher size) and the subsidy amount for families.
• Subsidy standards provide for the smallest number of bedrooms needed to house a
family without overcrowding.
- One bedroom will generally be allocated for each two family members.
HPD will also consider the sex, age, and relationship of family members,
as well as medical conditions, disability, and whether a family member
needs a live-in aide.
- Children of the opposite sex who are four years old or older will be
allocated one bedroom each.
- Single parents with a child that is age three or younger will be allocated
one bedroom.
- Any live-in aide must be approved by HPD to reside in the unit and will
be counted as a household member for the purpose of determining the
appropriate unit size.
Page 34
- Foster children will be included in determining unit size only if they will be
in the unit for more than 183 days (six months) a year.
- Children specified in joint custody agreements will be considered family
members if the agreement specifies that they live with the parent at least
183 days (six months) a year.
- Space may be provided for a family member who is away at school but
who lives with the family during school breaks.
In general, the following standards are used to determine your voucher size:
• You may choose a unit with a different bedroom size than that listed on your
voucher. However, the maximum subsidy you can receive is based on the Payment
Standard for the unit size listed on your voucher or for the size of the unit that you
select, whichever is lower.
• Families living in a unit larger than the number of bedrooms for their voucher size
are considered overhoused.
• Families that exceed the maximum number of persons in a household are considered
overcrowded and will be required to reduce their household size or move to an
appropriately-sized unit.
- Two working electrical outlets; or one working outlet and one working
light fixture; and
If any changes have occurred regarding your household income, family composition
or family assets as of today’s briefing date and prior to you receiving your rent
breakdown letter you must contact HPD immediately. You must submit a “Declaration
of Change in Household Composition or Income” form and include supporting
documentation promptly. (see form on page 37)
Page 36
DECLARATION OF CHANGE IN HOUSEHOLD COMPOSITION AND INCOME
The purpose of this form is to report any changes that have occurred to a household since an application
was submitted for Section 8 subsidy. Complete this form to request to add to or remove people from the
household composition; or to report changes of income or assets for members of the household. All
proposed additions to the household of a person age 18 and over will be screened for criminal background
and lifetime sex offender registration.
TO BE COMPLETED AND SIGNED BY THE HEAD OF HOUSEHOLD AND ANY NEW HOUSEHOLD
MEMBER:
Are you requesting to add a person to the household?
□ Yes □ No If yes, complete Part A. The new household member must also sign the second page of this form.
Are you requesting to remove a person from the household?
□ Yes □ No If yes, complete Part B.
Are you reporting a change in income or assets for an existing member of the household?
□ Yes □ No If yes, complete Part C.
PART A: REQUEST TO ADD A PERSON TO THE HOUSEHOLD
- -
LAST NAME (OF PERSON TO BE ADDED) FIRST NAME RELATIONSHIP TO SOCIAL SECURITY NUMBER
HEAD OF HOUSEHOLD
/
BIRTH DATE
/ Sex: □ Male □ Female Are you disabled? □ Yes □ No
If yes and do not receive SSI, read and have completed
Are you a student? □ Yes □ No
Form 3: Disability Verification.
Declaration of Citizenship Status □ Citizen □ Non-citizen with Eligible Immigration Status □ Non-citizen □ I
CHOOSE NOT TO DECLARE MY IMMIGRATION STATUS If a household member selects not to declare his or her immigration status, subsidy will be based
on the number of eligible citizens and legal residents.
If your status is “Citizen,” provide documentation such as a birth certificate, a passport, or naturalization
papers. If your status is “non-citizen with eligible immigration status,” you must provide one of the
following documents: 1) Alien Registration Card (Form I-551), 2) Arrival/Departure Record (I-94), 3) Temporary
Resident Card (I-688), Employment Authorization Card (I-688B).
Are you employed? Yes □ □
No If Yes, please complete the sections below and Form 4: Verification of
Wages. If No, also complete the section below and submit documentation for all other sources of income
received. Please review the “What is Income?” form to understand the different types of income.
INCOME SOURCE AMOUNT EMPLOYER NAME AND PHONE NUMBER OR TYPE OF INCOME (IF OTHER
Employment Other $ PER THAN EMPLOYMENT):
□ □
Do you have any assets? Yes No If Yes, please read the form “What is an Asset?,” complete the section
below, and include documentation from each institution for each account.
TYPE OF ASSET AND INSTITUTION: ACCOUNT # VALUE
$
Page 37
$
TYPE OF ASSET AND INSTITUTION: ACCOUNT # VALUE
$
Additional documents to be submitted for new household member:
Required for all proposed household members 18 years of age and older:
A photo ID, social security card, documentation of age, and proof of citizenship or legal resident
status
A signed Form1: Authorization for the Release of Information
Required for all proposed household members under 18 years of age:
A letter from a school official or social service provider stating the child permanently resides with the
head of household
A copy of social security card, documentation of age, and proof of citizenship or legal resident status
Form 9: Verification of Absent Parent(s) form (if applicable)
Birth Certificate to add newborns
□ Death - Date (HPD will verify with the Social Security Administration)
□ Copy of the death certificate
□ Household member moved out or will not remain in household when Section 8 subsidy begins.
(Please provide proof of new address, e.g., lease or utility bill with new address)
If documentation with new address is not provided, please use the space below to explain:
documentation. If you have stopped receiving other such income, please submit documentation. Please
review the “What is Income?” form to understand the different types of income.
Reporting new income INCOME SOURCE AMOUNT EMPLOYER NAME AND PHONE NUMBER OR
Reporting end of income Employment Other TYPE OF INCOME (if other than employment):
$ PER
(Frequency, i.e., per
week, month, day)
Reporting new income INCOME SOURCE AMOUNT EMPLOYER NAME AND PHONE NUMBER OR
Reporting end of income Employment Other $ PER TYPE OF INCOME if other than employment):
C2 ASSETS: If you are adding an asset, please include documentation from each institution for each
account. If you are removing an asset, you must include a letter or statement from the institution showing that
the account is closed. Please review the “What is an Asset?” form to understand the different types of assets.
Adding asset TYPE OF ASSET AND INSTITUTION: ACCOUNT NUMBER VALUE
Removing asset
$
Adding asset TYPE OF ASSET AND INSTITUTION: ACCOUNT NUMBER VALUE
Removing asset
$
Adding asset TYPE OF ASSET AND INSTITUTION: ACCOUNT NUMBER VALUE
Removing asset
$
I CERTIFY THAT ALL STATEMENTS IN THIS SECTION ARE TRUE AND COMPLETE. FURTHER, I PROVIDE CONSENT TO ALLOW HPD
TO INDEPENDENTLY VERIFY LEGAL IMMIGRATION STATUS WITH THE UNITED STATES BUREAU OF CITIZENSHIP AND IMMIGRATION
SERVICES (USCIS) IF I CHECKED “I AM A NON-U.S. CITIZEN WITH LEGAL RESIDENT STATUS.”
/ /
SIGNATURE OF PROPOSED HOUSEHOLD MEMBER DATE
OR GUARDIAN (IF UNDER 18)
/ /
SIGNATURE OF HEAD OF HOUSEHOLD DATE
Page 39
Page 40
Page 41
Exceptions to Subsidy Standards
HPD may grant you an exception to the subsidy standards if the exception is
justified by age, sex, health, disability, relationship of family members, or other
personal circumstances.
- Made in writing
• Any added family members age 18 or older will be subject to the Lifetime Sex
Offender Registry Screening.
• For all other additions to the household composition you must request approval from
HPD prior to anyone moving in.
Reasonable Rent
HPD will not approve a lease until it has determined that the initial rent to owner
is reasonable:
• Reasonable rent means that the rent is comparable to the rents that are being
charged for similar unassisted apartments in the same building or neighborhood.
• HPD considers the location, size, quality, unit type, age, amenities, services,
maintenance, and utilities provided in determining whether a rent is reasonable.
• The rent to owner cannot exceed HPD’s determination of a reasonable rent. The
owner cannot charge more and you cannot pay more.
• The owner may not increase the rent during the initial term of the lease.
• The owner cannot charge more for your unit than for comparable unassisted units in
your building.
Example of Rent Calculation
Here is an example to help you understand how HPD calculates family’s share of the rent.
In this example, the family’s monthly gross income is $940. HPD has calculated its monthly adjusted
income as $900, and they have a one bedroom voucher. The family’s rent does not include utilities.
1. To determine how much the family’s share of the rent will be in this example, HPD must
first calculate its TTP.
The Total Tenant Payment (TTP) for this sample family is $270. This is the
minimum amount that the family will have to pay towards its housing costs.
2. To determine how much rent the family can afford to pay, HPD must also calculate the
family’s maximum initial rent burden.
The maximum initial rent burden = 40% of the family’s monthly adjusted income.
The sample family’s maximum initial rent burden is $360. This is the most that the
family is allowed to contribute towards its total housing costs.
Once the sample family has selected a unit (either where it already lives or a unit that it wishes to move
to), HPD must determine whether or not the family can afford to rent the unit.
In this example, the family has selected a one-bedroom unit with a contract rent (rent to owner) of $1,000
per month. Utilities are not included in the rent.
Utility Allowances and Payment Stardards change every year, but in this example, let us assume that
HPD’s Utility Allowance for the family’s unit size is $125 per month and HPD’s Payment Standard for a one-
bedroom unit is $1,200 per month.
HPD has already calculated that the sample family’s TTP (the least that it will pay towards housing costs) is
$270 and its maximum initial rent burden (the most that it can pay) is $360.
1. To determine how much rent the sample family will pay, HPD must first calculate the
gross rent.
The gross rent is the contract rent + the Utility Allowance for the unit size.
• HPD’s Payment Standard for the unit size – the TTP = $1,200 - $270 = $930
The family’s rent to the owner = the contract rent for the unit – HPD’s HAP payment
The sample family’s rent to the owner is $145 because HPD has provided the
family with a $125 UA as no utilities are included in its rent. Remember, the
family must pay any utilities that are not included in its rent.
In this example, the family’s payment to the owner each month is $145.
4. To determine whether the family can afford an apartment, HPD must compare the
family’s payment to the owner to their maximum initial rent burden. The family’s
payment to the owner cannot be higher than their maximum initial rent burden.
HPD will not make any payments prior to the effective date on the HAP contract.
Rent Increases
Your landlord may request a rent increase from HPD once per year. See Chapter 9: Owner
Responsibilities for information on the rent increase process.
You should not pay an increase in rent to your landlord unless you receive a new Rent
Breakdown letter from HPD.
chapter 5
finding an
apartment
Page 46
Chapter 5: Finding an Apartment
This chapter includes information about:
- Better Information, Better Choices: Factors to Consider
- Watch Out for Housing Assistance Scams
- Housing Discrimination
- After You Have Found an Apartment
After HPD has issued you a voucher, you must find an apartment that meets all of the program
requirements.
Finding an apartment can be difficult, and deciding where you are going to live is a very important
decision. In this chapter you will find information to help you in your search for an apartment.
• Discrimination (in renting): The illegal practice of denying an individual or group the right
to rent property based on the renter’s race, color, religion, national origin, sex, disability, family
status, or source of income.
• Landlord: An owner of real property who leases (rents) that property to a tenant under a lease
agreement.
• Lease: A written rental agreement that establishes all the terms of the agreement and that
lasts for a fixed length of time (for example, one year).
• Realtor or Broker: Agent who arranges for the rental of apartments on behalf of the owner in
return for a commission on the rental fee. You may want to ask for a broker’s license to verify
their legitimacy.
• RFTA: Also known as the Request for Tenancy Approval or form HUD-52517, this form
must be submitted by the owner and family as part of the Housing Choice Voucher program
leasing process. It contains important information about the rental unit selected by the family.
• Security Deposit: A deposit or fee that the landlord requires the tenant to pay at the
beginning of the tenancy. The landlord can keep some or all of the security deposit if, for
example, the tenant moves out owing rent or leaves the apartment damaged or dirtier than
Page 47
• Tenant: Someone who pays rent to occupy property that is owned by someone else.
Better Information, Better Choices: Factors to Consider
It may take you some time to find a suitable apartment. Since your voucher will expire in 120 days, you
should begin to look for an apartment as soon as possible. Before making a decision, you should look
around and compare rents, options, and locations.
There are many resources to help you find apartments available for rent. Among the resources that you
should consider are:
Newspaper classified ads are a good place to look for available rentals. They are
usually organized by neighborhood, and will give you an idea of the availability and
prices in different neighborhoods.
Many classified ads are listed by realtors or brokers, so unless you want to pay
additional fees you should focus on listings by owners. HPD will NOT pay realtor or
broker fees.
• Realtors or Brokers
If you do not mind paying realtor or broker fees or if you do not have the time to
spend finding an apartment, you can use a realtor or broker to help you locate an
apartment. You may have to pay at least 10% of the yearly rent plus other fees to
the realtor or broker.
You will need to contact the realtor or broker to find out about their specific fees.
HPD will NOT pay realtor or broker fees.
Other good sources of apartment listings are bulletin boards and signs. Look in
grocery stores, schools, libraries, and other places that you visit.
Talk to your friends and family and let them know what you are looking for.
They may know about units for rent in the buildings where they live or in their
neighborhoods.
• Websites
The internet is a good resource – you can often get a clear idea of what is available
before you actually go out to look at apartments. You can usually search by specific
criteria, such as neighborhood, price, bedrooms, square footage, etc. The major
newspapers have online classifieds, and there are other websites with rental listings
as well.
The New York City Affordable Housing Resource Center website contains information
Page 48
on all aspects of City housing, including renting an apartment and a listing of all of
the City’s affordable housing lottery listings. For more information, please see their
website at: www.nyc.gov/html/housinginfo or www.gosection8.com
• HPD Listings of Available Apartments
Local landlords and brokers provide HPD with information about units that are
available for rent. This listing is available for HPD Section 8 voucher holders in the
Client Services office at 100 Gold Street.
• Whether it is in a high crime area. You can check with the local police to find out this
information.
An HPD HQS inspector will conduct an inspection before your HCV subsidy can begin. For more
information, please see Chapter 7: HQS Inspections as well as the HUD publication “A Good Place to Live!”
You may want to ask the following questions when you are searching for an apartment:
Important: If there will be children 6 years old or younger living in your unit, the unit must be free of lead-
Page 49
based paint hazards. If there will be children 10 years old or younger living in the unit, the unit must have
window guards.
If there will be young children living in your apartment, be sure to ask the owner about these.
Amenities
Another important factor to consider in choosing an apartment is the amenities that are included:
• Are there laundry facilities in the building?
• Is it near a bus or subway stop? If you have a car, is parking available?
• Is there storage space?
• Are there any children 10 years or younger living or frequently visitng the
apartment? If so, the apartment must have window guards before the family moves
in.
• What is the condition of the paint and/or wallpaper?
Maintenance
Together with the owner, you will need to do your part to keep the unit safe and clean. Before choosing an
apartment you may want to consider:
• Who is responsible for maintaining both the building and the unit?
Reasonable Rent
“Reasonable” means that the owner’s proposed rent is comparable to the rents that are
being charged for similar apartments in the same building or neighborhood. HPD
considers the location, size, quality, unit type, age, amenities, services, maintenance,
and utilities to be provided in determining whether a rent is reasonable or not. For more
information please see Chapter 4: Vouchers and Rent.
If you request to rent a unit where the rent is above the payment standard, and the rent
is determined reasonable, you are responsible for the difference between 30% of your
income and the amount by which the rent exceeds the payment standard. Moreover, if
this results in you paying more than 40% of your income, HPD cannot approve you to
move into this unit.
Security Deposit
Page 50
If you are required to provide a security deposit, you should find out the
conditions for getting it back when you move out. HPD will NOT pay security
deposits.
Utilities
Before making a decision, remember to consider whether or not the rent includes the
cost of utilities (are you responsible for paying utility costs, or are these paid by the
landlord?).
Lease
Your lease should clearly state the rent, the terms and length of your agreement, and
who is responsible for paying for utilities.
You should consider whether you can get out of the lease/contract if an emergency or
unforeseen circumstance arises, and whether there is a penalty or fee if you need to do
this.
• Do not pay money for anything that is not covered by your lease.
• Get a written explanation if you are required to pay for anything other than rent
(such as maintenance or utility charges) or anything that is not listed in your lease.
Housing Discrimination
• HPD provides voucher holders with information regarding unlawful discrimination and how to report
if you believe that you have been a victim of discrimination. This information is included in the
briefing sessions and in your Briefing Book. Fair Housing Information and Discrimination Complaint
Forms are included in your Briefing Packet.
• If you believe that you have been a victim of housing discrimination during your housing search,
you should report this claim to HPD’s Office of Community Partnerships at: 212-863-7928.
Page 51
Staff in the office will assist you and will conduct an investigation. Depending upon the nature of
the complaint, HPD may extend your voucher while the complaint is being investigated.
• New York City Local Law 10 of 2008 prohibits owners of buildings with six or more units from
discriminating against tenants or applicants for housing based upon source of income, which
includes your Section 8 voucher.
If you believe that you have been the victim of income-based discrimination in the City of New
York, you may file a complaint with the Law Enforcement Bureau of the City’s Commission on
Human Rights.
Or
Call 311
Or
visit http://www.nyc.gov/html/cchr/html/howto.html.
Once you have found an apartment that you would like to rent, there are several things that you
need to do before you can move in. See Chapter 6: Leasing for instructions on what you need to
do.
DO NOT MOVE INTO THE UNIT UNTIL HPD GIVES YOU FINAL APPROVAL.
Page 52
chapter 6
leasing
Page 53
Page 54
Chapter 6: Leasing
This chapter includes information about:
- Required Documents
- Landlord Package
- Lease
- Security Deposit
- Documentation
- Inspections
- HPD Review
- HAP Contracts
- Moving In
- Changes in the Lease
- Lease Renewal
Once you have found a suitable apartment, there are several things that you will need to do before you
can move in. In this chapter you will find information to help you complete the leasing process.
Required Documents
Once you have found a unit that you would like to rent, before your voucher expires and before
you sign the lease you must submit the following documents to HPD for approval:
Landlord Package
If you did not already submit a completed Landlord package when you submitted your application for the
HCV Program, HPD will provide you with a blank Landlord Package at the briefing session. Once you have
located an apartment, you and the owner must complete the Landlord Package and submit it to HPD.
• Landlord Package: The Landlord Package consists of the forms that the Landlord
must complete to provide HPD with basic information about the rental unit and the
landlord such as address, rent amount, etc. It also includes the RFTA and Lead
Based Paint Disclosure forms. The Landlord Package also includes informational fact
Page 55
• Owners must propose a rent for the unit and provide any documentation requested
by HPD to verify that the rent is reasonable and that it does not violate any
applicable rent regulation.
• Owners must certify that they are not the parent, child, grandparent, grandchild,
sister, or brother of any member of your family, unless HPD has granted an exception
to this rule.
• Owners must certify that the unit, common areas, and exterior are free of lead-
based paint hazards and attach a Lead-Based Paint Disclosure form.
• Both you and the owner must sign the Request for Tenancy Approval (RFTA) form.
• You may not submit more than one Landlord Package at a time.
• You will not need to submit a Landlord Package if the owner completes a building-
wide Landlord Package. Ask your landlord whether this is the case with your
building. If your landlord has submitted a building-wide Landlord Package, you will
only have to submit the RFTA and the Lead-Based Paint Disclosure form.
HPD will not accept incomplete Landlord Packages. If your Landlord Package is incomplete, follow
up with the landlord right away to get it completed as soon as possible.
HPD will only accept originals of the HPD-provided Landlord Package. HPD will not accept copies or
modified forms.
After you submit a completed Landlord Package, and it has been approved as well as the owner registered
for participation, HPD will make arrangements to conduct an inspection of the unit and will notify you of
the results. See Chapter 7: HQS Inspections for more information.
Lease
The landlord will provide you with a lease, which must be submitted to HPD before you sign it.
• The lease must begin on either the 1st or the 15th of the month.
• Your lease must comply with state and local law and must include the HUD-required
Page 56
• Initial lease terms are usually a minimum of 12 months. You may sign a lease for a
longer period of time if you choose, but your lease term must be at least 12 months
(one year).
• Be sure to review your lease carefully. It is a legally-binding document. Once you
have signed it, you are legally responsible for fulfilling the terms of the agreement.
Security Deposit
You may be required to pay a security deposit to the owner.
• HPD will NOT pay for security deposits or any other additional costs outside of rent
and utilities.
• You may be eligible to receive assistance from the NYC Human Resources
Administration (HRA) towards a security deposit; for more information, call 311 or
the HRA Infoline at: 1-877-472-8411. HPD will send you a letter with all relevant
informationt that you can take to HRA to receive your “One Shot Deal”.
• If you renew your lease and the rent increases, you may be responsible for an
additional security deposit amount equal to the amount of the rent increase.
• HPD may prohibit the owner from collecting a security deposit if it is more than the
amount charged in the private housing market or charged to unassisted tenants.
• When you move out of the unit, the owner may use the security deposit, including
any accrued interest, as reimbursement for any unpaid rent, damages to the unit, or
for other amounts you owe under the lease, subject to state or local law.
• The owner must give you a written list of all items charged against the security
deposit and the amount of each item.
• After deducting the amount, if any, used to reimburse the owner, the owner must
promptly refund to you the full amount of the unused balance.
• If the security deposit is not sufficient to cover amounts you owe under the lease,
the owner may seek to collect the balance from you.
Documentation
To avoid disputes or misunderstandings with your landlord, get everything in writing. Be sure to
keep copies of your correspondence and follow up any spoken agreements with a letter stating your
arrangement with the landlord.
• A new RFTA, lease, and HAP contract are required for changes in which utilities the
tenant or the landlord will provide.
• A new RFTA, lease, and HAP contract are required if you move to a new unit, even if
Page 57
• A new lease and HAP contract are not required when your family composition
changes or the amount of rent to the owner changes.
Inspection
To ensure that your apartment is clean and safe to live in and meets basic Housing Quality Standards
(HQS), it must pass inspection before your HAP contract can be signed and then at least once each year
during the term of the contract. See Chapter 7: HQS Inspections for more information.
HPD Review
HPD will review the proposed lease and RFTA to ensure that:
• If the lease and RTFA are not approved, HPD will notify you and the owner. You
will be given another RFTA and you can continue to search for eligible housing.
HAP Contracts
After your rent and lease are approved and the unit passes inspection, HPD will execute a HAP contract
with the owner.
• The HAP contract describes program requirements that affect the owner and the
owner’s roles and responsibilities in the HCV Program.
• After you sign a lease and the owner and HPD have executed the HAP contract,
you will receive a Rent Breakdown letter. The lease that you signed states the full
contract rent for your apartment. Your Rent Breakdown letter will specify the dollar
amount that you are required to pay to the owner each month.
• Your HAP contract will be effective on the 1st or 15th of the month at least two
weeks from the date the HAP contract is created by HPD.
• The HAP contract cannot be executed more than 60 days after the contract term
begins.
• No payments will be made until the HAP contract is executed and returned to HPD
Page 58
• If an executed HAP contract is not returned to HPD within the 60-day term, the
contract is null and void and you may request a voucher to move.
Moving In
DO NOT MOVE INTO THE UNIT UNTIL HPD GIVES YOU FINAL APPROVAL.
HPD will mail two original HAP contracts to your landlord and notify you. At that time, you should sign
a lease with your landlord. You or your landlord must then return the two executed HAPs and the lease
to HPD within 30 days of the date the contracts were mailed so that HPD can release payments to the
landlord.
Once HPD receives the executed HAP contracts and a lease with dates that match the HAP contract,
HPD complete a final review of the file. If the file is complete and eligible it will be processed for a new
admission. Please note that until you receive a Rent Breakdown Letter, you are not a participant.
If you submitted a landlord package for Section 8 in your current apartment, HPD will mail two original
HAP contracts to your landlord and notify you. Your landlord must then return the two executed HAPs
and the lease to HPD within 30 days of the date othe contracts were mailed. The effective date of your
subsidy will be the first or fifteenth of the month at least two weeks prospective from the time the HAP
was generated.
• HPD will approve the revised lease if it complies with HUD requirements.
• You should not pay an increase in rent to your landlord unless you receive
a new Rent Breakdown letter from HPD.
Lease Renewal
Your lease will specify the terms for renewal, including whether the landlord can increase the rent and by
how much.
• If you wish to continue receiving your Section 8 subsidy in your current unit, you are
required to renew your lease if your landlord offers you a lease renewal.
• To request a lease renewal, your landlord must submit a signed renewal lease to
HPD at least 60 days before the proposed effective date for the renewal.
• If you live in a rent-stabilized unit, the owner must continue to accept your voucher
for all lease renewals according to the terms of your original lease.
• If you are eligible to move and wish to do so when your current lease expires,
you need to contact HPD before the expiration date of your voucher to request
Page 59
permission to move with your subsidy. See Chapter 13: Moves for information on
how to do this.
HPD will not automatically process your lease renewal. It is your landlord’s responsibility to request a lease
renewal. HPD will not notify your landlord if your lease is about to expire.
chapter 7
HQS inspections
Page 62
Chapter 7: HQS Inspections
This chapter includes information about:
- Types of Inspections
- Scheduling Your Inspection
- Entering the Unit
- Passing Inspection
- Failing Inspection: Owner-Caused
- Failing Inspection: Tenant-Caused
- Reporting HQS Deficiencies
- Smoke Detectors
- Carbon Monoxide Detectors
- Lead-based Paint
- Notification of Inspection Results
To ensure that your apartment is clean and safe to live in, it must meet HPD’s Housing Quality Standards
(HQS). Your apartment must pass an HQS inspection before your HAP contract can be signed, and then at
least once each year during the term of the contract.
Both the tenant and the owner have specific responsibilities to make sure that the apartment meets
HQS standards at all times. In this chapter you will learn important information about Housing Quality
Standards (HQS) Inspections.
• HQS: Also known as Housing Quality Standards, these are the standards that a Section
8-subsidized apartment, building, and premises must meet. These standards are set by the
U.S. Department of Housing and Urban Development (HUD).
Types of Inspections
There are six types of inspections:
• Initial Inspections
Page 63
Your apartment must pass inspection before you can receive subsidy. Even if you
are already living in the apartment, HPD must inspect the apartment before the HCV
subsidy process can begin. If you find an empty apartment during your housing
search, HPD also must inspect the apartment before your HCV subsidy can begin.
• Annual Inspections
In addition to the Initial Inspection, HPD must inspect your apartment at least once
every year while you are participating in the HCV Program. If HPD finds violations
during this inspection, they must be repaired.
The owner will usually be responsible for the repairs. However, if the violations occur
as a result of tenant-caused activity, the tenant must make these repairs.
HPD may conduct a Quality Control Inspection of your apartment. This is an HQS
inspection that HPD conducts to ensure that inspections are being conducted
properly and accurately. HPD requires that a sample of units be reinspected each
year to ensure that HQS standards are being followed.
• Verification Inspections
• Special Inspections
If at any time you, the owner, or someone else reports that your apartment does not
meet HQS standards, HPD may conduct a Special Inspection. HPD may also conduct
a Special Inspection in order to verify who is living in the apartment.
• Emergency Inspections
If HPD determines that any HQS defects are emergencies, the owner must repair
these defects within 24 hours.
HPD will schedule Annual Inspections automatically. Annual Inspections may be scheduled less than 12
months apart.
Page 64
• If you need to reschedule, you must contact HPD before the scheduled appointment
date.
• If you miss the first scheduled appointment without requesting a new date, a second
inspection will automatically be scheduled for you.
Tenant Responsibility
You must provide access to your apartment for HPD HQS inspections.
Someone at least 18 years of age must be home to allow the inspector into your unit.
If you do not provide access to your apartment, it will delay processing of your subsidy
and may result in termination of your assistance. If you are not yet living in the
apartment, the owner must provide access for the Initial Inspection.
Owner Responsibility
Owners are responsible for providing access to the unit for Initial Inspections,
unless the tenant is already living in the unit.
If the owner misses two inspection appointments, the Landlord Package will be rejected
and you will be sent a notice, offering you a voucher to locate another unit. If you do
not respond to the offer, your application may be denied.
Passing Inspection
In order to pass inspection, your unit must be clean and safe to live in.
Your unit must meet HUD’s Housing Quality Standards (HQS). The unit must have:
• Central heat
• A window or other outside light source in each living room and bedroom
Page 65
• Adequate lighting
• Proper ventilation
• The building must be in good, clean condition, properly secured, and free
from safety hazards.
The most common HQS deficiencies that result in inspection failures are related to:
If the apartment fails inspection, you move in, and the owner does not correct
the deficiencies in a timely manner, you will be sent a notice offering you a voucher to
locate another unit. If you do not respond to the offer, your application may be denied.
Other Inspections
If the owner fails to correct the problems, HPD will stop the HAP payment to the owner.
You will not be responsible for HPD’s portion of the rent; however, you must
continue to pay your family share of the rent. HPD’s portion of the rent payments
will not resume until all the deficiencies are corrected and the unit passes inspection.
If the owner does not make the repairs in a timely manner, you may apply for a new
voucher (provided that your household did not cause the damages) and HPD may
terminate the HAP contract for the unit.
Self-Certification of Repairs
In these cases, the owner will complete the repairs and the owner and tenant will both
need to sign a Certification of Completed Repairs form verifying that the repairs have
been made. HPD may still conduct a follow-up Verification Inspection in order to make
sure that the repairs have been made.
Failed Inspection: Tenant-Caused
If you, a member of your household, or a guest causes an HQS deficiency and your apartment fails
an Annual or Special Inspection, the family must correct the defect within the time frame specified by
HPD. If repairs are not made within the required timeframe, HPD may terminate your subsidy.
• No battery in the smoke or carbon monoxide detector or either detector is not working
If your landlord does not correct the problems, you may report them by calling 917-286-4300. Choose a
language, dial 3 for HQS and then select your borough to make your complaint.
Smoke Detectors
America’s fire death rate is one of the highest in the industrialized world. Fire kills nearly 4,000 and injures
more than 20,000 people in the U.S. each year.
• One of the most important fire safety devices for the home is the smoke
detector or alarm.
• If the detector is hard wired rather than battery operated, the landlord is
responsible for maintaining the device.
Page 67
• You are responsible for maintaining carbon monoxide detectors in working order,
including replacing batteries.
• If the detector is hard wired rather than battery operated, the landlord is responsible
for maintaining the device.
Lead-Based Paint
Many buildings in New York City have layers of paint and plaster that contain lead. Every year thousands of
children are poisoned from eating paint chips, dust, or plaster that contain lead. Lead poisoning can lead to
disabilities, blindness, and even death.
• Before your unit is approved for the HCV Program, it must meet federal and City
requirements on lead-based paint. These requirements are reviewed during the
initial HQS inspection.
- Extreme crankiness
- Loss of appetite
- Stomach aches
- Frequent vomiting
• These symptoms may not show up in the early stage of lead poisoning. If you have
seen your child eating pieces of paint or plaster you should have your child tested for
lead-based paint poisoning immediately, even if your child seems healthy.
• A simple blood test is given to detect lead poisoning. The Department of Health and
Mental Hygiene gives free tests for lead poisoning at their District Health Centers
throughout New York City. You can locate the nearest District Health Center by
Page 68
• If you have a child under the age of six in your apartment, you should check the
walls, ceilings, window sills, railings, woodwork, and any other exposed paint
surfaces in your apartment carefully.
If you see flaking or peeling paint or plaster, call your landlord or building manager
immediately and ask them to fix the problem. You should also report this condition
to HPD by calling the Code Enforcement line at: 212-863-8515 or by calling 311.
Initial Inspection
• You must contact HPD to find out the results from an Initial Inspection. HPD will not
automatically call to inform you of the results.
Page 69
chapter 8
family
responsibilities
Page 72
Chapter 8: Family Responsibilities
This chapter includes information about:
- Family Obligations
- Reporting Changes
- Failure to Report Changes
- Absence from the Unit
As an applicant or participant in the Housing Choice Voucher Program (HCV) your family has the
responsibility to abide by the rules and requirements of the program.
You must comply with the law, and you are responsible for violations caused by deliberate acts, negligence,
and abuse. If you do not comply with these requirements you may be denied participation or terminated
from the program.
Family Obligations
Participating families must comply with all HCV Program obligations.
• Provide Information
You must provide family information that HPD or HUD determines is necessary in the
administration of the program, including:
- Information on family income and who lives in your household for use in an
annual or interim recertification.
Important: You must report all income for all family members, both adults and minors. Do not
assume that a specific source of income will be counted or will be excluded in calculating your
family’s total income. HPD will review your family’s information and will determine which income
will be included in determining your familiy’s eligibility in accordance with HCV rules.
It is important that you keep your apartment in good condition. Do not damage the premises or
allow guests to cause damage beyond normal wear and tear, either on purpose or through neglect.
You are responsible for the actions of your guests.
- You are responsible for any Housing Quality Standards (HQS) deficiency or inspection
failure caused by your family or by anyone that you allow into your apartment.
- You must allow HPD to inspect the unit at reasonable times and after reasonable
notice.
- You must pay for the utilities for which you are responsible according to your lease.
- Your unit is to be used for residence by your family and must be your family’s only
residence.
• Honor All Provisions of Your Lease and Comply with all HCV Program Requirements
- Know and comply with the conditions of your lease and the HCV program’s
requirements.
- Assign the lease, sublet the unit, rent out a room in the unit, or transfer the unit.
- Own or have any financial interest in the unit (HPD allows some exceptions for
owners of co-op apartments).
- Receive HCV assistance while receiving another housing subsidy for the same unit or
for a different unit under any duplicative housing assistance program.
- Engage in profit-making business or activities in the unit, unless the activities are
approved by the landlord or are in accordance with the lease, are legally-permissible,
and are not the primary use of the unit.
- Engage in any drug-related criminal activity, violent criminal activity, other criminal
activity, or alcohol abuse that threatens the health, safety, or right to peaceful
enjoyment of other residents.
Reporting Changes
Page 74
- Changes in family composition that must be reported include the birth, adoption, or
court-awarded custody of a child, or if a family member leaves or is removed from
the unit.
- You must obtain HPD approval for any additional family members before the new
member moves into the unit.
- HPD does not need to pre-approve additions to your household due to marriage,
legally-recognized domestic partnership, or the birth, adoption, or court-awarded
custody of a child. In these cases, you must inform HPD of the change immediately.
• Changes in Income
- You may report changes in income before your next scheduled recertification, but
you do not have to do so.
- If you report changes in income prior to the annual recertification, HPD will conduct
an interim recertification and may adjust your share of the rent.
• Other Changes
You must notify HPD and the owner before moving out of the unit or terminating the
lease with notice to the owner. If you move or terminate the lease before notifying
HPD, you risk losing your subsidy.
You must promptly give HPD a copy of any eviction notice that you receive from the
owner.
You must notify HPD immediately if you or a family member will be absent from the unit for 90 days or
more. If you do not notify HPD promptly, HPD may terminate your assistance.
You or a family member may be absent from the unit for brief periods, but not for more than a total of 180
days in a calendar year.
chapter 9
owner
responsibilities
Page 78
Chapter 9: Owner Responsibilities
This chapter includes information about:
- Owner Eligibility
- Owner Obligations
- Sale of Units
The role of your landlord or owner is to provide decent, safe, and sanitary housing to you at a reasonable
rent. This means that your unit must pass Housing Quality Standards (HQS) and be maintained according
to those standards at all times. The owner is also expected to provide the services agreed to in your lease
and in the contract signed with HPD.
HPD may not allow an owner to continue participating in the HCV Program if these responsibilities are not
met. You should review this chapter carefully so that you know your landlord or owner’s rights and
responsibilities under the HCV Program.
Note: “Owner” and “landlord” are used interchangeably in this chapter and throughout this Briefing Book.
Owner Eligibility
Any owner who wishes to lease to HCV voucher holders must be approved by HPD.
HPD will not approve an HCV-assisted tenancy if the owner is debarred, suspended, or subject to a limited
denial of participation from HUD.
Violations
• A court or administrative agency has determined that the owner violated the Fair
Housing Act or other federal equal opportunity requirements
• The owner has violated obligations under one or more HAP contracts
Criminal Activity
• The owner has committed acts of fraud, bribery, or any other corrupt or criminal act
in connection with any federal housing program
The owner has participated in any drug-related criminal activity or any violent
Page 79
•
criminal activity
Refusal to Evict
• The owner has a history of refusing to evict assisted-housing tenants for activity that
threatens the residents, neighbors, HPD employees, or owner’s employees, including
drug-related criminal activity or violent criminal activity
• The owner has current or previous non-compliance with HQS and/or state and local
housing codes or with applicable housing standards for units leased under any other
federal housing program
• The owner has engaged in or threatened abusive or violent behavior toward HPD
personnel
Outstanding Obligations
• The owner fails to pay state or local real estate taxes, fines, or assessments
Owners that have entered into a legal agreement with HPD to pay outstanding
obligations may be approved for participation in the voucher program on a case-by-
case basis.
• The owner is a parent, child, grandparent, grandchild, sister, or brother of any family
member that will reside in the HCV-assisted unit. HPD may waive this restriction
as a reasonable accommodation for a family member with proper supporting
documentation.
Owner Obligations
• HPD will provide only information that is required by regulations and only if the
owner requests this information in writing.
• To assist owners in determining applicant suitability, HPD may provide the owner
with the name and address, if known, of the landlord at your current and prior
address (unless your family’s location must be protected due to domestic violence or
witness protection).
HPD will not provide prospective owners with information about the family’s income,
Page 80
•
household composition, or past rent payment history.
Receive Approval for Rent Increases
• Unless you receive a new Rent Breakdown letter from HPD, you should not pay an
increase in rent to your landlord.
• To request a rent increase your landlord must submit a Rent Increase Request form,
a signed renewal lease, and any additional required documentation needed to justify
the increase. Your landlord must submit this request to HPD at least 60 days before
the proposed effective date of the increase.
• The Rent Increase Request form can be printed from HPD’s web site at: http://www.
nyc.gov/html/hpd/downloads/pdf/section8-rent-inc.pdf
• HPD will review proposed rent increases to determine whether they are reasonable.
• Approvals of all reasonable rent increases will depend on whether HPD funds are
available for the increased HAP payment.
• Rent increases must be in accordance with the terms of your current lease
agreement and the HUD Tenancy Addendum.
• Rent increases may be subject to local rent stabilization laws and rent control laws,
and may be governed by another government agency based on the law or on federal
annual adjustment factors.
• Both the landlord and tenant will receive notice in writing of HPD’s determination to
approve or reject the rent increase, usually within 60 days of receipt of the request.
• If HPD approves a rent increase or decrease, then a new rent breakdown letter will
be mailed to the tenant and landlord notifying both of the amount and the effective
date.
• The owner must comply with all provisions of the HAP contract, the lease, and the
Tenancy Addendum.
• The owner must submit the Landlord Package/RFTA and all required supporting
documentation (the tenant may submit this on behalf of the owner).
HCV Program regulations require that all units meet basic Housing Quality Standards
(HQS) to ensure the health and safety of program participants. See Chapter 7: HQS
Inspections for more information.
• Comply with all HQS requirements except those items specifically assigned to tenants
• Provide all prospective families with a copy of Protect Your Family from Lead in Your
Home or another EPA-approved document
• Notify tenants each time lead hazard reduction activities are performed
- Lease enforcement
- Maintenance
- Collect tenant’s share of the rent
- Charge tenants for damages
• Pay for utilities, maintenance, and services, unless they are paid for by the family
under the lease terms
Sale of Units
If the unit you are renting is sold to another owner, HPD may transfer the HAP contract to the new owner
at the prior owner’s request. HPD may terminate the HAP contract if the new owner is ineligible; the tenant
will then be given the opportunity to search for a new unit.
Page 82
chapter 10
continued
occupancy
Page 84
Chapter 10: Continued Occupancy
This chapter includes information about:
- Annual Recertification
- Interim Recertification
- Verification
- Reporting Changes
- Absence From The Unit
- Rent Changes
The Housing Choice Voucher (HCV) Program requires you to fulfill certain obligations if you want
to continue to participate in the program. One of these obligations is completing an annual
recertification.
About once a year, HPD will reexamine your income and family composition (who lives in your household)
in order to determine whether you remain eligible to participate in the program and to calculate your
family’s share of the rent and the Housing Assistance Payment (HAP) to be made on behalf of your family.
In this chapter you will find information to help you understand how the recertification process works.
Annual Recertification
At your annual recertification, HPD will determine your continued eligibility and will make any necessary
adjustments to your portion of the rent and the HAP payment that HPD makes on your behalf.
The annual recertification is usually conducted by mail, but HPD may require that you come in to the office
in person.
You are required to report all changes in your household’s income and family composition
at your annual recertification. This includes income for family members who live in the
household part-time, such as students.
If you do not report all changes of income and family composition, you may lose your subsidy.
If you are not sure whether or not you need to report a specific change, contact HPD for more information.
Recertification Package
• Approximately 90-120 days prior to your scheduled annual recertification date you
will receive a Recertification Package in the mail.
• If you return your third-party verification forms with incomplete information, HPD will
attempt to verify the missing information. However, it is your responsibility to make
sure that HPD receives all needed information by the package due date.
• If you are in the process of obtaining income documentation, HPD will temporarily
accept partially-completed packages. You will still need to provide complete income
verification before you can be recertified.
• If you do not return the completed Recertification Package by the specified return
date, HPD will start termination proceedings.
• Termination will be effective the last day of the month following a 30-day notice.
In cases of the death of a sole household member or if a family vacates the unit
without notifying HPD, termination will be effective immediately.
• HPD will review and verify the information included in your Recertification Package
and will recalculate your family share of the rent.
• Your family share of the rent may change based upon this information.
• HPD will send a Rent Breakdown letter to you and the owner that specifies your
family share of the rent and the HAP to be paid by HPD.
Page 86
• If your rent has changed, your Rent Breakdown letter will specify the effective date
of the change.
Interim Recertification
HPD may conduct an interim recertification for all changes in family income or family composition that
you report between your annual recertifications.
• You are not required to report changes in your income between annual
recertifications, unless HPD is conducting an interim recertification.
• You may report changes in income between annual recertifications if you choose to
do so.
• Your share of the rent may change depending on whether your family composition,
income, and/or expenses increase or decrease.
• HPD will verify any changes that are reported, will recalculate your income and rent,
and will notify you and the owner of any changes in the tenant share of rent and the
HAP.
• HPD will not recalculate your share of the rent if your income decreases because of
loss of welfare benefits due to fraud or because of your failure to participate in self-
sufficiency or work activity requirements. If your welfare case is sanctioned HPD will
use the full amount you would have received had your case not been sanctioned to
calculate your family income.
You must report additions of family members within 30 days. If you do not
report the addition of family member within 30 days, you may lose your
subsidy.
You must obtain HPD approval of any additional family member before the
new member occupies the unit, except for additions due to:
- Birth
- Adoption
- Marriage
- Domestic partnership
- Court-awarded custody
-
Page 87
HPD will conduct eligibility screening for any person that you add to the household.
See Chapter 3: Eligibility for more information on eligibility requirements and
applicant screening.
• If you add family members, you may be provided a larger voucher size if you
are eligible and if funding is available.
• You must report to HPD within 30 days if anyone moves out of your
household. If you do not report a family member moving out within 30
days, you may lose your subsidy.
• At your first annual recertification following the decrease, your new family size will
be used to determine your voucher size.
• If you are overhoused according to HPD’s subsidy standards, you will be required
to move to an appropriately-sized unit or to pay the additional cost out of pocket to
remain in the unit. See Chapter 11: Enhanced Vouchers for exceptions to this policy.
• If your family size decreases, you may be given a smaller voucher size, depending
upon the household composition of the family members who are still living in the
household.
• If your family breaks up into multiple households, HPD will determine who remains
in the program. Either household may retain the voucher if there is mutual consent
or if there is a court-ordered determination as to which household retains assistance.
Verification
HPD will verify information that you provide during the recertification process according to HUD guidelines
and HPD standards.
Reporting Changes
You are responsible for reporting changes to HPD as required. The head of household is responsible
for reporting changes on behalf of all household members, including minors and/or full-time
students who are away at school.
• HPD may deny or terminate your assistance if you have misrepresented income,
household members, or any other reported information. If you have committed
fraud, you may be subject to criminal prosecution.
If you do not report a change in your family composition in a timely manner (within
Page 88
•
30 days), you may be terminated and/or have to pay any difference in your subsidy.
If your family share of the rent is too low as a result of your error or omission
(because you have misrepresented either your income or your family size):
- HPD will notify both you and the owner of the correct family share and
HAP payment effective retroactively to the time of the error or omission.
You will owe HPD the amount that you have underpaid and you may be
terminated.
• If your family share of the rent is too high as a result of your error or omission, you
will NOT be paid back any money. The change will be effective the first day of the
month following when HPD is notified of or discovers the error or omission.
Absence
• Absence means that your entire family is not residing in the unit.
• Your entire family may not be absent for a period of more than 180 total days per
year.
• After 90 days of absence HPD will terminate your family’s assistance unless you
provide:
Proof of your intent to return to the unit within 180 days of departure;
and
• HPD may terminate your assistance if your family is absent for 90 days or more and
you have failed to pay rent or utilities for the whole time of the absence.
• Any family member will be considered permanently absent if they are away from
the household for more than 90 consecutive days. This does not include full-time
students who may live outside the home during the school session but maintain a
permanent residence in the household.
• You are required to notify HPD if a family member is absent from the
household for more than 90 consecutive days.
Page 89
- Foster children
• Family members who leave the household due to medical conditions are allowed
to be absent for up to 180 consecutive days if documentation is provided from a
verifiable source (such as a doctor) that the member is likely to return within 180
days.
• A child who is temporarily absent (away for less than 90 consecutive days) due to
placement in foster care or other non-permanent placement may still be considered
a member of the household.
• Children who are full-time students who live outside the household to attend school
are considered family members if their primary residence is the same as the head of
household.
Rent Changes
HPD will give you a full 30-day advance notice of the rent increase. The increase will
be effective on the first day of the month following the 30-day advance notice.
• If your family share of the rent increases because you misrepresented your income
or family composition, you may be terminated and/or responsible for the amount
overpaid.
• If your family share of the rent increases because you caused a delay in your
recertification process (for example, by failing to provide information for your
recertification in a timely manner). You may not receive a 30-day notice before the
increase takes effect.
• You are liable for any amount that HPD overpaid to your landlord because you
misrepresented your income or family composition.
Page 90
• You may be required to sign a repayment agreement for the underpaid amount.
HPD is under no obligation to enter into a repayment agreement and may terminate
your assistance without offering a repayment plan. HPD may pursue other legal
remedies against the tenant.
Decreases in Your Family Share
• If your family share of the rent decreases due to a change that you report at
your annual certification, the decrease will take effect on the effective date of your
annual recertification.
• If your family share of the rent decreased due to a change that you report between
recertifications, the decrease will take effect on the the first day of the month
following the date that you reported the change.
• If you cause a delay so that your recertification is not complete by the due date (for
example, by failing to provide missing documents within the deadline), the decrease
in your family share of rent will take effect the first day of the month after HPD
completes your recertification.
Page 91
chapter 11
enhanced
vouchers
Page 94
Chapter 11: Enhanced Vouchers
This chapter includes information about:
- What are Enhanced Vouchers?
- How are Enhanced Vouchers Different from Standard Vouchers?
- Right to Remain
- Moves
- Payment Standards
- Tenant Share
- Overhoused Families
- Rent Increases
Enhanced vouchers are designed to protect the residents of apartments with federal assistance when
the owners repay or prepay federal loans to decouple from or convert (opt) out of federal programs.
Enhanced vouchers also protect residents when owners choose not to renew project-based Section 8
contracts.
Some of the rules that apply to Enhanced vouchers are different than those that apply to regular vouchers.
This chapter describes the differences.
• HPD will only offer Enhanced vouchers to income-eligible applicants who live in these developments
at the time of the conversion. HPD works closely with building management to ensure that all
tenants have the opportunity to apply for a voucher.
• Enhanced vouchers are also known as “sticky” vouchers, because the enhanced assistance only
applies if the voucher holder stays in the development that is affected by the conversion. If the
voucher holder moves out of the development, only regular Section 8 assistance will apply.
• The legislation, regulations, and rules that apply to the regular Housing Choice Voucher (HCV)
Program also apply to Enhanced vouchers, with certain exceptions. These exceptions are described
in this chapter.
• Special Allocation - The vouchers are designated specifically for the residents
Page 95
If your family income is greater than 95% of AMI at the time of the
conversion, you are NOT eligible for an Enhanced voucher even if your
family’s situation changes later.
• Application Procedures - You will generally have one year from the date of
the conversion to apply for an Enhanced voucher; however, HPD will set
application deadlines based upon the funding that is available, in some cases
deadlines will be shorter than one year.
• “Sticky” Vouchers - Enhanced vouchers apply only while you reside in the
housing development that converted. If you move outside of the
development, the Enhanced voucher converts to a regular Section 8 Housing
Choice Voucher.
Right to Remain
If you receive an Enhanced voucher, you have the right to remain in the development as long as the
units are used for rental housing and you remain in good standing and in compliance with your lease.
• If you exercise your right to remain, the owner may not terminate your tenancy
except for serious or repeated lease violations or other good cause.
• If the owner refuses to honor your right to remain, you may exercise any judicial
remedy that is available under state and/or local law.
Moves
If you move outside of the development, your Enhanced voucher will convert to a regular Section 8
Page 96
Housing Choice Voucher, and you will be subject to the lower limits that apply to regular vouchers.
Under the HCV Program you can move anywhere in the country where there is a Section 8 program and
can continue to receive assistance with your rent. However, if you move outside of HPD’s jurisdiction,
you will be subsidized based on the local Public Housing Authority’s regular payment standard. For more
information see Chapter 14: Portability.
Payment Standards
The regular HPD Payment Standards do not apply to Enhanced vouchers.
• If your family is eligible and stays at the project after conversion, the payment
standard used to calculate the Housing Assistance Payment (HAP) is the HPD-
approved gross rent of the unit, regardless of whether the gross rent is higher than
the regular HPD Payment Standard.
• The gross rent is equal to the rent that you pay to the owner plus the applicable
HPD utility allowance, if you are responsible for payment of utilities.
Tenant Share
If you have an Enhanced voucher and remain in the conversion project, your tenant share will be the
greater of:
OR
OR
- The amount you were paying toward housing payments (rent plus utilities,
if applicable) at the time of the conversion, even if this is more than 40% of
your family’s adjusted monthly income.
• If your family’s income at the time conversion decreased by 15% or more and you
provide the required documents to HPD, HPD will recalculate your tenant share
and you will be locked into paying the percentage of your income you were paying
toward rent at the time of conversion.
You will continue to pay this percentage of your income toward rent
regardless of any subsequent changes in your family’s income. For example,
if you are locked into 40% of your income, your actual tenant share will change but
you will always be paying 40% of whatever your income is.
• If you are income-eligible at the time of conversion but receive zero subsidy
because your tenant share is greater than or equal to the gross rent, it is your
responsibility to contact HPD if your family income decreases or your
rent increases within three years of the conversion date so that HPD can
determine whether you have a rent hardship and can receive a rent subsidy.
• If your family becomes responsible for paying for your own utilities after the
conversion date, the utility allowance in effect at the time you assumed responsibility
for utility payments will be counted toward your minimum payment.
Page 97
Overhoused Families
An overhoused family is one who resides in a unit containing more bedrooms than listed on its voucher.
• If you are an overhoused family, HPD will inform you of your options and building
management will contact you regarding how vacant units will be allocated to
accommodate you.
• If you are an overhoused family with an Enhanced voucher, you have three options:
3. You may move outside the development with a regular HCV voucher. Your
family’s HAP payment will be determined based upon the appropriate regular
(non-Enhanced) payment standard
• If you are overhoused HPD may grant you an exception to the rules as a reasonable
accomodation.
Rent Increases
Rent increases are governed by the terms of your lease and any applicable state or local laws.
• The owner is not allowed to increase the rent for at least 60 days from the
conversion date.
• If you have an Enhanced voucher and your rent is increased, HPD will increase the
payment standard to the new gross rent.
their own utilities after the conversion date, the HPD utility allowance in effect at the
time the family assumes responsibility for utility payments will be counted toward
their minimum payment, such that their monthly housing payment (rent plus tenant-
paid utilities) is still the greater of 30% of their income or the amount they were
paying prior to the conversion.
The method for calculating the minimum rent changes if the family's gross income
on the effective date of the eligibility decreases to a significant extent (15% or
more) from the family's gross income on the effective date of the conversion. In this
instance,the family share will be recalculated so the family pays 30% of monthly
adjusted income or the percentage of monthly adjusted income actually paid at the
time of conversion, whichever is greater. This percentage of income will remain as
the family's enhanced voucher minimum rent regardless of subsequent changes in
income.
chapter 12
project-based
vouchers
Page 102
Chapter 12: Project-Based Non-Tenant
Based Vouchers
This chapter includes information about:
- What are Project-Based Vouchers?
- How are Project-Based Vouchers Different from Tenant-Based Vouchers?
- Moving from a Project-Based Voucher Apartment
HPD will inform you if your voucher is a Project-Based voucher. Project-Based vouchers are different
in a number of ways from the regular (tenant-based) vouchers described in earlier chapters. This chapter
describes the differences.
• HPD contracts directly with the owners or sponsors of Project-Based apartments and
buildings. Project-Based contracts between HPD and building owners or sponsors
can last for up to 15 years, and can be renewed for additional periods.
• If you receive a Project-Based voucher, you must move into the specific apartment
assigned by HPD and the building owner or sponsor or you will lose your voucher.
You must then live in that apartment and meet all your lease and Family Obligations
for at least one year.
• Unlike tenant-based voucher holders, you will not need to find an apartment or
complete a Landlord Package during the process of your new admission to the
Section 8 Program.
- If this requirement applies to you, you will be notified when you sign your
lease. You will be required to sign a Statement of Family Responsibility that
describes the programs and services in which you agree to participate. You
must comply with this Statement of Family Responsibility or you
will lose your Project-Based voucher.
- HPD will assess your compliance with the Statement of Family Responsibility
at least once each year at your annual recertification.
• If you successfully complete all of the activities required under the Statement of
Family Responsibility, you can continue to receive Project-Based voucher assistance
while living in the apartment.
• HPD only conducts annual Housing Quality Standards (HQS) inspections for a
randomly-selected sample of the apartments in each building, so your apartment
may not be inspected every year. You may request a Special Inspection at any time if
you believe that there are HQS violations in your apartment.
If you want to move after one year and you are in compliance with your lease and Family Obligations,
HPD will give you priority on the waiting list for a tenant-based voucher. HPD will issue you a tenant-
based voucher when one becomes available. This will allow you to find and lease an apartment using the
procedures outlined in this Briefing Book.
To request a voucher to move, please visit HPD’s Client Services at 100 Gold Street, Rm. 1-O
or call (917) 286-4300.
Page 104
chapter 13
moderate
habilitation
program
Page 106
Chapter 13: Moderate Rehabilitation
Program (Mod Rehab), Moderate-Single
Room Occupancy (Mod SRO) and Shelter
Plus Care (SPC)
This chapter includes information about:
- What are the Mod Rehab, Mod SRO, and SPC Programs?
- How are the Mod Rehab, Mod SRO, and SPC Programs Different from the
Housing Choice Voucher Program?
HPD will inform you if your voucher is issued under the Mod-Rehab, Mod SRO, or SPC. These programs
are different in a number of ways from the tenant-based HCV program described in earlier chapters. This
chapter describes the differences.
What are the Mod Rehab, Mod SRO, and SPC Programs?
The Mod Rehab, Mod SRO, and SPC programs provide rental assistance to eligible low-income
individuals and families to live in specific apartments or buildings.
How are the Mod Rehab, Mod SRO, and SPC Programs Different from the HCV
Program?
Most of the rules and requirements of the tenant-based voucher program also apply to Mod Rehab, Mod
SRO, and SPC developments. However, there are a number of differences.
• If you receive assistance under the Mod Rehab, Mod SRO, or SPC program, your
Section 8 rental subsidy is tied to the apartment. You must continue to live in the
specific apartment assigned by HPD and the building owner or sponsor, or you will
lose your Section 8 subsidy. You cannot move to another house or apartment with
the subsidy.
• Unlike tenant-based voucher holders, you will not receive a voucher and you will not
need to find an apartment or complete a Landlord Package during the process of
your new admission to the Section 8 Program.
• You may not add additional members to your household without approval from both
HPD and the building owner or sponsor.
• Apartments in Mod Rehab, Mod SRO, or SPC buildings must have passed an HQS
Page 107
inspection within the last 12 months before HPD can make Section 8 subsidy
payments for a new tenant in the apartment, so your apartment may already have
been inspected before you move in. You may request a Special Inspection at any
time if you believe that there are HQS violations in your apartment.
Apartments in Mod Rehab,Mod SRO, or SPC buildings must pass an annual HQS
inspection at least once every year while participating in the Mod Rehab Program.
See Chapter 7: Inspections for more information.
chapter 14
moves
Page 109
Page 110
Chapter 14: Moves
This chapter includes information about:
- Move Requirements
- Moving Procedures
- Assistance/Rent
- Moving Costs
Once your family has been issued a Housing Choice Voucher, you may use that voucher to lease a unit
anywhere within the five boroughs of New York City. Although you cannot move out of this unit during the
initial term of your lease (except in special cases approved by HPD), after the lease ends you may request
to move once every 12 months.
Whether you need to move to follow job opportunities, to be near family members or child care providers,
or for other reasons, the HCV Program gives you the flexibility to relocate and continue to receive rental
assistance.
In this chapter you will find information about moves within New York City. See Chapter 15: Portability for
information about moving outside of New York City.
Move Requirements
• You are not permitted to move during your initial lease term.
• After your initial term you may request to move only once every 12 months.
• You must be in compliance with the HCV rules and regulations, including being
current with your rent.
- You are in good standing with all program family obligations and lease
requirements
- The landlord has signed the General Release, you have documented that
you are in good standing with your obligations under the lease, or you
have documented an emergency situation.
If the owner of the unit has given you notice to vacate, has begun action to evict you, or has a court
judgment or other process allowing your eviction, you may be eligible to move. Eligibility will be
Page 111
determined on a case by case basis and must be supported by documentation. HPD will not approve
your move request if you are in violation of program requirement. If an eviction has been completed your
Section 8 assistance may be terminated.
• HPD may deny you permission to move if:
- You have previously requested to move and failed to complete the move
process after a HAP contract with the new landlord was signed.
In order to maintain HCV assistance you may be required to move in the following situations:
Exceptions
• HPD may grant exceptions and allow you to move to a new unit during your initial
term or more than once in a 12 month period if:
• You may move to another unit within the same building or managed group of
buildings at HPD’s discretion, if both you and the owner are in agreement and
provide the required documentation. Moves within a building or managed group of
buildings are not limited to once every 12 months.
Moving Procedures
Prior Approval
Before you move you must obtain a move voucher from HPD. If you move
without prior approval from HPD, you risk losing your subsidy. Only HPD’s Move
Unit may give you permission to move. Approval to move will always be given in
Page 112
writing.
Even if your landlord or someone from an HPD program other than Section 8 has
told you that you can move, you cannot move unless you have completed the
following:
• Submit a written request to HPD to move (by mail or in person at HPD Client
Services):
• Provide proof that you are in good standing with your rent:
- HPD will give you a Section 8 General Release form that both you and
your landlord will need to sign and return to HPD. This form certifies that
you are in good standing with your rent and that you will vacate your
unit and remove your belongings by the date that you and your landlord
agree you will move out. HPD must verify the landlord’s signature on the
release.
- If the owner refuses to sign a General Release Letter, you may provide an
expired lease and proof of rent payments for the last three months.
• If your family’s income and composition has not been recertified within the past six
months, you will need to complete a Recertification Package before you can receive
a move voucher.
Next Steps
• Once HPD determines that you are eligible to move, you will be issued a move
package that contains:
• After you receive a move voucher and a move package, you may begin to search for
a new apartment.
• HPD encourages you to move to areas of the City that have lower concentrations of
poverty. Your Briefing Packet contains borough maps that show areas of high poverty
concentration. You are encouraged to search for housing in areas of the City that are
NOT shaded on the borough maps.
• If you do not locate a new unit, you may remain in your current unit as long as the
Page 113
owner allows.
• When you find new housing, the prospective landlord must complete the Landlord
Package and it must be returned in person to HPD.
• A new Landlord Package, lease, HAP contract, and HQS inspection are required
before you move to a new unit, even if it is in the same building or complex where
you currently live.
• Important: You may not move until you receive your transfer approval
documents from HPD. Moving without prior approval from HPD will result
in your subsidy being terminated.
• The effective date of your move will be the next 1st or 15th of the month, at least two
weeks from the date that the HAP contracts are issued by HPD.
• Signed HAP contracts and lease must be returned to HPD by your landlord within
30 days of issuance. The landlord’s failure to return the HAP contracts by the stated
deadline will result in the contracts being void.
Timing
• HPD processes move requests in the order that they are received. Due to the large
volume of requests for moves, there may be some delay in processing your request.
However, HPD will make every effort to process it in a timely fashion.
• The length of the move process depends on how quickly you provide HPD with
proper and complete documentation, how long it takes to obtain signed documents
from your current landlord and new landlord, and how long it takes to conduct
inspections of the new unit. The new unit must pass a Housing Quality Standards
(HQS) inspection before HPD can provide you with the transfer approval documents.
• You will need to find a new apartment and return your completed landlord package
before the end of the voucher expiration date (within 120 days).
• You will only be issued one move voucher per year. If your HCV move voucher
expires before you find a new apartment, you will not be eligible to receive another
move voucher for 12 months.
If you need an extension on your move voucher, you must request an extension in
writing from HPD and provide documentation of why you need an extension.
HPD will determine whether you are eligible for a move voucher extension. Voucher
extensions are only available on a limited basis.
If you decide not to move or your move is delayed, you must notify HPD and the landlord
immediately.
• If you fail to notify HPD, you risk being terminated from the HCV
program.
Page 114
If you and the landlord have signed and returned the HAP contracts and lease to HPD, you
must move.
You may not occupy two units at the same time. As of the effective date of the HAP contract
for the new Unit, payments will stop to your prior landlord. Failure to move by the effective
date may make you responsible for the full contract rent at the prior unit.
Assistance/Rent
When you move, your assistance (the HAP payments to your landlord) stops at your old unit at the end
of the month in which you moved out.
Assistance will begin on the new unit on the effective date of the new lease and HAP contract. HAP
payments may overlap only for the month in which you move.
Payments to your new Landlord will not start until the landlord signs and returns two HAP contracts and a
signed lease that matches the term of the HAP contract. These contracts must be returned to HPD’s Move
unit. Once the contracts are processed, HPD will make payments effective as of the start date on the HAP
contracts.
• If you move anywhere within the five boroughs of New York City, HPD’s Payment
Standards will apply in determining your assistance. If you move to a unit where the
gross rent is greater than the Payment Standard, you will be required to pay more
than 30% of your monthly adjusted income.
• HPD will not approve a move to a unit where you would pay more than 40% of your
monthly adjusted income. See Chapter 4 for more information.
• HPD will not approve a move to a unit whose rent is higher than the rents of
comparable apartments in the building or area.
Moving Costs
HPD does not pay moving fees, real estate broker fees, security deposits, or HAP payments for two
housing units for a family at the same time. You must determine if you can make such payments out of
your own pocket before you move.
If you need assistance with moving costs, your transfer documents enable you to apply to HRA to
determine if you are eligible for any assistance.
Page 115
chapter 15
portability
Page 117
Page 118
Chapter 15: Portability
This chapter includes information about:
- Moving out of New York City
- Moving into New York City from Another City
- Eligibility
- Things to Consider
Once your family has been issued a Housing Choice Voucher, you may use that voucher to lease a unit
anywhere in the United States where a Section 8 program is administered, subject to certain restrictions.
This feature is called portability.
Whether you need to move to follow job opportunities, to be near family members or child care providers,
or for other reasons, portability gives you the flexibility to relocate and to continue to receive rental
assistance.
In this chapter you will find information about the portability process when moving into or out of HPD’s
jurisdiction (New York City) with continued assistance.
• PHA: also known as Public Housing Authority, this is a government agency that
administers housing programs and housing assistance for a specific jurisdiction.
• Jurisdiction: The area for which a Public Housing Authority can issue vouchers and make
assistance payments. HPD’s jurisdiction is the five boroughs of New York City.
• Initial PHA: The Public Housing Authority that issues the voucher to the family that wants
to move to a different jurisdiction.
• Portability: the ability to rent a dwelling unit outside of the initial PHA’s jurisdiction and
continue to receive HCV tenant-based assistance.
• Receiving PHA: The PHA in the jurisdiction to which the family wishes to relocate.
• If your family has received a voucher from HPD but has not yet leased a unit under
the HCV Program, you are eligible for portability if the head of household or
spouse was a resident of New York City at the time that you submitted
your application for assistance.
• For the purpose of determining portability eligibility, a resident is a person who has a
legal domicile in the jurisdiction.
• If your family does not reside in New York City, you may be required initially to lease
a unit in New York City before HPD can issue you a portability voucher. HPD is under
no obligation to allow you to exercise portability if you do not reside in New York City
when your voucher is issued.
• You can move to another jurisdiction only when you are able to move out
of your current unit under the terms of your lease. You are not eligible for
portability if you move out in violation of your lease.
Income limits do not affect your eligibility to receive a port voucher from HPD.
However, you must be eligible under the income limits of receiving PHA in
the jurisdiction where you wish to move.
Things to Consider
Portability offers you the flexibility to relocate. However, you should consider the possible challenges you
may face in moving to a new location.
• You may find it difficult to locate a new unit before your portable voucher expires if there
is a shortage of available housing in your new location.
• If you are moving out of New York City, HPD will issue you a move voucher with an
expiration term of 120 days. If you cannot find a unit within 120 days, you must
request an extension from the receiving PHA. Staff at the receiving PHA will
contact HPD and HPD will determine whether or not you will receive an extension on
your voucher.
• Voucher extensions are only approved in cases where there are documented extenuating
circumstances or reasonable accommodations granted.
• When you search for a new unit, you will have to comply with the requirements of the
receiving PHA. These may be different from HPD’s requirements. Make sure that you
understand these requirements before you decide to move.
• If you choose to move out of New York City, the bedroom size that your family qualifies
for is subject to the subsidy standards of the receiving PHA. This means that you may
qualify for a smaller, larger, or same-sized unit than you qualified for under HPD’s
Page 120
program.
• Since each housing authority has its own payment standards that are based on the Fair
Market Rents in its area, the payment standards at the receiving PHA may not be the
same as HPD’s Payment Standards.
• Once you move out of New York City, you may move back and lease a unit in New
York City, but first you must check with the housing authority where you are currently
residing to determine its requirements for moves. If that housing authority has issued
you your current voucher, you will be subject to its policies and procedures.
• If you are currently an HCV program participant, you should not give up your current
apartment until you have located housing in the new jurisdiction and have made sure
that you are eligible for a voucher through the receiving PHA. If you give up your
current apartment and things do not go as you planned, your family will be at risk of
homelessness.
Important: If you begin the portability process and do not complete it, you must notify HPD
immediately. Failing to do so could result in the termination of your assistance.
You must initiate the portability process by informing HPD that you want to move outside of New York
City as soon as your voucher is issued.
• If you are already leasing a unit under the HCV Program, you must live in your current
unit for a period of at least 12 months before you can request to move. You also must
have completed an annual recertification within the last six months.
• Once HPD has verified that you are eligible for a move under the portability
requirements, you should determine where you wish to move and identify the Public
Housing Authority (PHA) in that area.
You should obtain the following important information about the PHA where you wish to
move:
• HPD will prepare the paperwork to be sent to the PHA in the jurisdiction where you wish
to move.
• You must contact the receiving PHA and set up a time to meet with its portability staff to
Page 121
• When you arrive at the receiving PHA, if you have met all of the PHA’s requirements and
if it has vouchers available, the receiving PHA will issue you a voucher so that you can
search for housing in its jurisdiction.
chapter 16
termination of
assistance
Page 124
Chapter 16: Termination of Assistance
This chapter includes information about:
- Termination by HPD
- Termination by Owner
- Grounds for Subsidy Termination
- Appeals
As a participant in the Housing Choice Voucher Program, you have the responsibility to follow the rules and
requirements of the program. Your assistance and tenancy may be terminated because of your actions or
your failure to act.
In this chapter you will find information to help you understand the grounds under which HPD and owners
can terminate your assistance and tenancy. Chapter 3: Eligibility includes information on denial of
applications for assistance.
Termination by HPD
In determining whether to terminate your assistance, HPD has the discretion to consider the
circumstances in your particular case. These circumstances include the seriousness of the case, the extent
that individual family members participated in or were responsible for the actions leading to termination,
and the effects that termination of assistance will have on other family members who were not involved in
the action or failure to act. As a condition of continuing your assistance, HPD may prohibit family members
who participated in or were responsible for the action or failure to act from living in your subsidized unit.
• HPD has not made a HAP payment on your behalf for 180 days or more because
your portion of the rent equals the contract rent (this is commonly referred to as “no
rent hardship” or “zero subsidy”)
• Any family member is subject to a lifetime registration requirement under a state sex
offender registration program
• Any family member fails to sign and submit consent forms for obtaining information
that HUD requires
• Any family member has committed fraud, bribery, or any other corrupt or criminal
act in connection with any federal housing program
• Any family member is currently engaging in illegal drug use
• Any family member commits drug-related criminal activity or violent criminal activity
• There is reasonable cause to believe that a family member’s alcohol or illegal drug
use or a pattern of alcohol or illegal drug use may threaten the health, safety, or
right to peaceful enjoyment of the premises by other residents
• Your family currently owes rent or another amount to a public housing authority in
connection with the HCV Program or public housing assistance
• Your family has breached a repayment agreement with HPD another public housing
authority
• Your family has violated one of the family obligations (these are listed on your
voucher, in this Briefing Book, and in HPD’s Administrative Plan)
• Your family has failed to provide requested information, has failed to attend a
scheduled briefing session with HPD, or has failed to attend a mandatory conference
scheduled by HPD
• Your family has failed to reimburse a public housing authority for amounts paid to an
owner under a HAP contract for rent, damage to a unit, or any other amounts owed
under the lease
• A family member has engaged in criminal activity that may threaten the health or
safety of the owner, property management staff, or anyone acting on behalf of HPD,
including an HPD employee, contractor, or agent
Forms of Termination
Termination by Owner
Page 126
The owner may only terminate your tenancy in accordance with the lease and HUD requirements. The
owner may only evict you by court action.
During the term of your lease the owner may only terminate your tenancy because of:
• Serious or repeated violations of the lease
• Disturbance of neighbors
• Destruction of property
• Violations of federal, state, or local law regarding your obligations for occupancy or
use of the unit
Lease Renewal
• After the initial lease term, if lease renewal is not required under the terms of the
lease or the law the owner may choose not to renew your lease. If the owner renews
your lease, the owner must accept a renewal HAP contract with HPD.
• Under rent stabilization, if you are a tenant in good standing the owner must offer
you a renewal lease that is based on the material terms of the previous lease. This
includes accepting your subsidy under the HCV Program.
Lease Violations
• The owner terminates your tenancy through court action for serious or repeated
violation of the lease.
• The owner notifies you of termination of the lease for a serious or repeated
lease violation, you move from the unit prior to the completion of court action
for termination, and HPD determines that the cause of your move is a serious or
repeated violation of the lease.
• You fail to provide the owner or management agent with access to the unit to repair
HQS deficiencies as required by HPD.
• The owner provides HPD with documentation that you have not paid your family
share of the rent. HPD can terminate your assistance for non-payment of rent even if
you have not received a court order of eviction for non-payment.
Criminal Activity
The owner may terminate your tenancy any time during the term of your lease if any
member of your household, any guest, or any other person that you have allowed
on the premises engages in any criminal activity, regardless of whether that person
has been arrested or convicted. This includes:
Any criminal activity that threatens the health or safety of, or the right to peaceful
enjoyment of the premises by, other residents (including property management staff
residing on the premises)
Any criminal activity that threatens the health or safety of, or the right to peaceful
enjoyment of their residences by, persons residing in the immediate vicinity of the
premises
The owner may terminate your tenancy during the term of the lease if any member of
the household is:
Alcohol Abuse
The owner may terminate your tenancy if the abuse of alcohol by any household
member threatens the health, safety, or right to peaceful enjoyment of the premises by the
residents.
After the initial lease term, the owner may terminate your tenancy for the following
good cause reasons:
Disturbance of neighbors
Destruction of property
It is your obligation to attend all scheduled appointments and to supply HPD with all
information, documentation and certification needed by the deadlines specified. This
Page 128
• Eligibility determination
• Verification procedures
• Voucher issuance and briefings
• HQS inspections
• Recertifications
If you notify HPD in a timely manner, some acceptable reasons for missing appointments or
failing to provide information are:
• Medical emergency
• Family emergency
Appeals
If your assistance is terminated, you are entitled to an appeal.
HPD will notify you in writing of its decision to terminate your subsidy.
You may submit an appeal request in writing to HPD’s Appeals Unit. HPD must
receive your request within 21 calendar days from the date printed on the HPD
notification letter. Instructions on how to submit an appeal will be included with your
notification letter.
Upon receipt of your timely appeal request, the Appeals Unit will schedule a hearing
for you to challenge the termination. After the hearing, a written decision will be
issued by the Appeals Unit informing you of the final decision in your case.
Chapter 16: Appeals and Hearings contains information on the appeal process.
Page 129
chapter 17
appeals and
hearings
Page 132
Chapter 17: Appeals and Hearings
This chapter includes information about:
- Conference
- Informal Hearing
- Informal Review
- Informal Hearing and Informal Review Procedures
- Interpreters for Conferences, Informal Hearings and Informal Reviews
- Legal Counsel for Conferences, Informal Hearings and Informal Reviews
If you are a program participant or applicant you may appeal a decision by HPD affecting your eligibility or
the amount of your assistance. If you have been notified that your assistance has been denied or that you
face termination of your subsidy, you can appeal this decision.
There are ways for you to resolve disputes with HPD that do not involve legal action and to correct errors
that might have occurred in the decision-making process. In this chapter you will find information to help
you understand your options for resolving disputes with HPD.
• Conference: a meeting between the program participant and HPD staff to resolve
any outstanding matters that prevent HPD from determining whether the participant is
eligible for assistance
Conference
The conference is an opportunity for you to resolve any outstanding matters that prevent HPD from
determining whether you are still eligible to receive HCV assistance.
• If you fail to submit all information required for recertification, or if your information
differs from a third party source, HPD will, in most cases, offer you the opportunity
to participate in a conference.
• The conference is held at the discretion of HPD and is not required by federal
regulations or HUD. HPD reserves the right to discontinue the use of conferences at
any time.
Page 133
Conference Procedures
• If you are given the opportunity to request a conference, you must submit your
request in writing and HPD must receive it within 15 calendar days from the date
printed on the Pre-Termination Notice of Non-Compliance.
• HPD will schedule and conduct your conference as soon as possible after receiving
your written request. HPD schedules conferences in the order that requests are
received.
• One or more conference leaders will conduct the conference. A conference leader
is an HPD team leader, coordinator, or higher-level program staff member who
is neither the person who made or approved the decision under review nor a
subordinate.
• The HPD conference leaders and you must attend the conference. You may also
be represented by a lawyer or another representative of your choice. If you have
requested an interpreter, the interpreter will also attend the conference.
- An HPD conference leader will start by asking you to state your name and
address and any further information required by HPD.
- You may also ask questions, and HPD conference leaders will make
reasonable efforts to provide the requested information.
• If you wish to review the documents in your file, you may do so at the conference or
by making a written request to see the documents before the conference date. HPD
will provide you with a copy of the documents in your file at a cost of twenty-five
cents per page. Payment for copies must be made by money order payable to the
NYC Department of Finance.
• If you wish to submit additional documents at the conference, you must provide HPD
with a chance to look at the original documents and to keep the original document
or copy of the document when appropriate. For example, you may need to supply an
original birth certificate, but after reviewing the original document, HPD conference
leaders would make a copy to place into your case file and return the original birth
certificate to you.
Outcome
Page 134
Based upon the outcome of the conference, HPD will either mail you a Notice of Subsidy
Termination notifying you of the termination of your participation in the Section 8 program,
or a Rent Breakdown letter notifying you of your new tenant share of the rent. These
notices will constitute your notification of the conference determination.
Informal Review
If HPD denies you assistance under the HCV Program, you may be given an opportunity to request an
informal review of the decision. An informal review consists of a review of the application, its supporting
material, and any additional written material that you may wish to submit to support your claim of
eligibility.
• If you are denied assistance based on citizenship or eligible immigration status you
are entitled to the same informal hearing that is offered to participants, as discussed
in this chapter.
• You will generally be provided with an opportunity for an informal review of decisions
denying:
- Issuance of a voucher
• Informal reviews are usually not required for the following reasons for denial of
assistance:
- An HPD determination that the unit is not in compliance with HQS because of
the family size or composition
Informal Hearing
Page 135
You may request an informal hearing to appeal an HPD decision for certain specific determinations and
to appeal an HPD decision to terminate assistance.
HPD will provide an opportunity for an informal hearing for the following decisions:
• A determination of the family’s annual or adjusted income and the use of this income
to compute the HAP payment
• A determination of your appropriate utility allowance (if any) for tenant-paid utilities
• A determination to terminate assistance because the family has been absent from
the assisted unit for longer than the maximum period permitted under HPD’s policy
and HUD rules
HPD is not required to provide an opportunity for an informal hearing in any of the
following circumstances:
• Establishment of the schedule of utility allowances for all families in the program
• HPD’s determination that a unit is not in compliance with HQS. However, HPD
must provide the opportunity for an informal hearing for its decision to terminate
assistance for a breach of the HQS caused by the family.
• HPD’s determination that the unit is not in accordance with HQS because of the
family size
• HPD’s determination to exercise or not to exercise any right or remedy against the
owner under a HAP contract
• HPD will schedule and conduct your informal review or informal hearing as soon as
possible after receiving your written request. HPD schedules reviews and hearings in
the order that requests are received.
• An HPD hearing officer will conduct your informal review or informal hearing. The
HPD hearing officer is an impartial HPD staff member who is neither the person
who made or approved the decision under review nor a subordinate of this person.
In certain cases, HPD may utilize more than one employee to serve as an informal
hearing panel. In these cases the panel will deliver the decision as one body.
• The HPD hearing officer, HPD hearing representative(s), and you must be present at
the informal review or informal hearing. You may also be represented by a lawyer
or another representative of your choice. If you have requested an interpreter, the
interpreter will also attend the review or hearing.
• HPD will tape-record the informal review or informal hearing to create a record of
what was said and to aid the HPD hearing officer in making a decision.
• If you wish to review the documents in your file, you may do so by making a written
request to see the documents before the informal hearing date. HPD will provide you
with a copy of the documents in your file at a cost of twenty-five cents per page.
Payment for copies must be made by money order payable to the Department of
Finance.
• In order for you to submit documents at the informal review or informal hearing:
- You must provide HPD with a chance to look at the documents before the
review or hearing and to copy the documents.
- You must let the HPD hearing officer know before the review or hearing
starts that you will be submitting documents.
- The HPD hearing officer will ask you to state your name and address and any
further information required by HPD.
- The HPD hearing officer will go over the informal review or informal hearing
process.
- An HPD representative will present HPD’s case and ask you questions.
• The HPD hearing officer may ask you to speak more slowly or loudly, may ask you to
explain a statement, may request documentation, or may stop the informal hearing.
Outcome
• The HPD hearing officer will issue a written decision on whether the rule or
regulation questioned was correctly or incorrectly applied according to the
Page 137
information presented at the informal review or informal hearing and a review of the
entire case file.
• The written decision will either uphold HPD’s original decision or reverse it.
• HPD will mail you the written decision.
• HPD will notify you of the final decision in a timely manner, generally within 90 days.
• If you do not appear at the informal review or informal hearing, do not call to
reschedule, or do not appear on time, you will be considered in default and the
decision to deny your application or terminate your assistance will be final.
- Concern matters for which HPD is not required to provide an opportunity for
an informal hearing
Interpreters
If you need services or information in a language other than English during a conference, informal
review, or informal hearing, HPD will take steps to accommodate you. HPD will provide an interpreter
if you make the request in writing at least three business days before the date of the informal review,
conference, or informal hearing.
Legal Counsel
You have a right to legal counsel or other representation at your own expense.
Page 138
chapter 18
important
things to remember
Page 140
Chapter 18: Important Things to
Remember
The HCV Program can seem like a complicated program. We want to make sure that you understand the
basic information so that you can be a successful participant.
Since the program rules may not always be easy to understand, it is very important to ask questions if you
are not sure of something. Do not hesitate to contact us if you have a question or problem.
• Keep this Briefing Book as a reference so that you know your rights and
responsibilities as a program participant.
• Be sure to read all letters, notices, or forms that you receive from HPD. Pay special
attention if there is an appointment date or a deadline to return materials to HPD. If
you do not completely understand something, contact us for assistance.
• Supply all information requested by HPD and respond to all HPD requests for
information on a timely basis. All of the information you provide to HPD must be true
and complete.
• Keep a copy of your lease so that you know your rights as a tenant and your
obligations to your landlord.
• Comply with all of the terms and conditions of the lease between you and your
landlord, including paying your rent on a timely basis.
• Notify both HPD and your landlord if you intend to move out. Remember, you cannot
move out of your apartment without HPD’s permission or you will lose your Section 8
subsidy.
• Notify HPD immediately if you have been given an eviction notice by your landlord.
• Notify HPD immediately if your family will be absent from the apartment for 90 days
or more.
• Report all income for all household members at your annual recertification, including
income for members who are in the household part time (such as full-time students
who are away at school).
• The members of your family must not commit fraud, bribery, or any other corrupt or
criminal act in connection with the program.
• The members of your family may not engage in drug-related criminal activity or
violent criminal activity.
•
We hope that you find the material in this Briefing Book useful and informative, and we thank you for
your interest in HPD’s Section 8 Program.
Important Phone Numbers
HPD
OR 311
Page 142
Other Agencies
Housing Information
and Other Government Services: 311
HUD
(U.S. Dept. of Housing and Urban Development) 212-264-8000
I
Page 143