NY Priv Hous Fin L § 1106-G (2021)
2021 New York Laws PVH - Private Housing Finance Article 18-A - Low Income Turnkey/enhanced Housing Trust Fund Program 1106-G - Adjustment of Rents; Income Verification.

§  1106-g.  Adjustment  of rents; income verification. Notwithstanding   any other provision of  law,  no  grants  or  loans  shall  be  provided   pursuant  to this article unless an eligible owner has agreed to require   the tenants and occupants residing in the housing project or projects to   submit an annual income affidavit  as  prescribed  by  the  corporation,   together   with  proper  documentation  as  and  if  prescribed  by  the   corporation, as the case may be. Upon submission of such  affidavit  and   documentation,  if  any,  the  eligible owner shall adjust the rent of a   tenant pursuant  to  a  procedure  established  by  the  corporation  by   regulation  which  procedure shall, to the extent economically feasible,   maintain the affordability of such  project  to  such  tenants.  If  the   tenant   or   occupant   shall   fail   to  submit  such  affidavit  and   documentation, or if such verification as prescribed by the  corporation   shall  result  in  a disagreement caused by understatement of income and   the tenant shall have failed to  correct  such  original  affidavit  and   documentation on forms specified by the corporation within sixty days of   notification  by  certified  mail by the eligible owner addressed to the   tenant, the eligible owner shall in addition to  the  last  rent  assess   such  tenant  or  occupant  a surcharge which shall equal the difference   between the tenant's last rent and the rent the tenant  would  otherwise   have  to pay had the grant or loan provided under this article been made   as a loan at the prevailing market rate of interest and requiring thirty   year amortization at the time the grant or loan was made. The provisions   of any other law to the contrary notwithstanding, solely for the purpose   of verification  of  income,  the  corporation  may  contract  with  the   department  of  taxation  and  finance  for  services  performed by such   department in verifying income information forwarded by the  corporation   or the eligible owner to such department. Nothing contained herein shall   be  construed  to  authorize  the  corporation  to  contract  with  such   department  to  provide  any  income  information  whatsoever  and  such   agreement  shall  be  limited  solely  to  the  verification  of  income   information. No officer or employee of the  corporation,  the  New  York   state  housing  finance  agency,  the  division of housing and community   renewal or the eligible owner shall be subject to any civil or  criminal   liability  by reason of his forwarding to the department of taxation and   finance of any income information pursuant to this section,  unless  (i)   such information is knowingly and willfully materially misrepresented by   such  officer  or  employee  or  (ii)  such information is knowingly and   willfully divulged to any  person,  except  in  the  discharge  of  such   officer's or employee's duties solely for the purpose of verification of   income,  for  any  reason  whatsoever.  The corporation shall promulgate   rules and regulations to effect the provisions of this section  provided   however  that  the corporation need not promulgate rules and regulations   in the event the corporation adopts procedures which  are  substantially   similar  to  the  rules  and  regulations  adopted  by  the commissioner   pursuant to section sixty of this chapter. The provisions of  the  state   freedom  of  information  act  shall not apply to any income information   obtained by  an  eligible  owner,  division  of  housing  and  community   renewal,  New  York  state  housing  finance  agency or the corporation,   pursuant to the provisions of this section.