NY Pub Hsg L § 156 (2021)
2021 New York Laws PBG - Public Housing Article 8 - Provisions Relating to Approval, Construction, Management and Operation of Projects 156 - Selection of Tenants.

§  156.  Selection  of  tenants.  Subject  to the terms of any loan or subsidy contract with a government, an authority shall have the power to select  tenants  for  its  projects.  It  shall  observe  the  following standards with respect thereto:   1.  The  dwellings  in  the  project  shall be available solely a. for persons or families of low income whose probable aggregate annual income during the period of occupancy does not  exceed  six  times  the  rental (including  the  value or cost to them of heat, light, water and cooking fuel) of the dwellings to be furnished such persons or families,  except that  in  the  case of persons or families with four or more dependents, such ratio shall not exceed seven to one; in calculating annual  income, social  security  payments and income received from pension funds by any person sixty-two years of age or more shall be excluded up  to  a  total maximum amount of seventy-five dollars per month;   b. also for persons or surviving spouses of persons who  (1)  have served in the armed forces of the United States for a period of at least six months (or any shorter period which  terminated  due  to death  or injury incurred in such service), provided some portion of the period of service was between the first of  November,  nineteen  hundred fifty-five to the seventh day of May, nineteen hundred seventy-five, and  (2)  (i)  have  been thereafter discharged or released therefrom under conditions other than dishonorable, or (ii) have a qualifying condition, as defined in section three hundred fifty of the executive law, and have received a discharge other than bad conduct or  dishonorable  from  such service,  or  (iii)  are discharged LGBT veterans, as defined in section three hundred fifty of the executive law, and have received a  discharge other  than  bad conduct or dishonorable from such service, or (iv) died in such service,  not  more  than  five  years  prior  to  the  time  of application for admission to such project, and  (3)  whose  probable  aggregate  annual  income  during  the period of occupancy does not exceed seven times the rental (including the value or cost to them of heat, light, water and cooking fuel) of the dwellings to be furnished such persons or  families,  except  that  in  the  case  of persons  or  families with four or more dependents, such ratio shall not exceed eight to one.   The "probable aggregate annual income" means the annual income of  the chief  wage  earner of the family plus all other income of other members of the family over the age of twenty-one years, plus a proportion of the income of members under the age of twenty-one years to be determined  by the  authority  solely  for  the purpose of establishing rent to be paid except that the authority may exclude a  proportion  of  the  income  of other  members  of  the  family over the age of twenty-one years for the purpose of determining eligibility for admission or continued occupancy, or for establishing rental of such family, or  for  all  such  purposes, subject to approval by the commissioner with respect to state projects.   2.  The  authority  may rent or lease to a person or family a dwelling unit, or to a duly  authorized  agency,  as  defined  in  section  three hundred  seventy-one  of  the  social services law, for the operation of agency boarding homes or group homes  or  to  a  non-profit  corporation organized  under the membership corporations law or to any public agency as defined in section four hundred sixty-one of  the  general  municipal law  which  provides  residences  and  social services to dependent aged persons or to a social services  official  for  any  purpose  authorized under the social services law and for which the social services official has  authority  to  rent  or  lease dwelling units, one or more dwelling units, consisting of a room or number of rooms, but  no  greater  number than  it  deems necessary to provide safe and sanitary accommodations to the proposed occupants thereof, without overcrowding.    3. In the event that the income of the family residing  in  a  project increases  and  the  ratio to the rental of the dwelling becomes greater than prescribed by law at the time of their admission or in  subdivision one  of  this  section, whichever is greater, and the income is not more than  fifty  per  centum  above  the  family  income  so  prescribed for admission to the dwelling and such  increased  income  continues  for  a period  of  three months or more, the authority may permit the tenant to continue to occupy his dwelling provided the authority is convinced that the tenant  cannot  secure  safe  and  sanitary  dwelling  from  private enterprise  or  by  reason of other facts the removal of the family from the project would occasion other undue hardship to the family.  However, the  rent of such family shall be increased in proportion to its ability to pay more, the amount of increase to be ruled upon and  prescribed  by the authority for such cases.   4.  In  the  event  that  the ratio of the income of the family to the rental of the dwelling becomes greater than that prescribed  by  law  at the  time  of  their  admission  or  in subdivision one of this section, whichever is greater, and is more than fifty per centum above the family income so prescribed for admission to the dwelling and continues  for  a period  of  three  months,  the  authority  shall require such family to remove from the dwelling and may  take  such  steps,  including  summary proceedings,  as  are  necessary  to effect the removal of the family. A three  months'  period  shall  be  given  the   family   to   find   new accommodations.  Pending  removal  from  the  dwelling, the rent of such family shall be increased in proportion to its ability to pay more,  the amount  of increase to be ruled upon and prescribed by the authority for such cases.   5. Notwithstanding  the  foregoing  provisions  of  this  section,  an authority  may  establish  income limits for continued occupancy for any project aided by periodic cash subsidies, exceeding the limits otherwise authorized under this section but not in excess of  the  highest  income limits  approved  by  the  commissioner  for  any  state  project in the municipality. The provisions of this subdivision are intended solely for the purpose of determining  eligibility  and  not  for  the  purpose  of determining rent to be paid.   6.  Notwithstanding  any  provisions to the contrary contained in this chapter, if an authority determines that any person  or  family  of  low income residing in any project of the authority whose income exceeds the limits  for  continued  occupancy  is  unable  to  find decent, safe and sanitary  housing  within  its  financial  reach  within  the  community although  making  every reasonable effort to do so or because of special circumstance the removal of such person or family would  occasion  undue hardship  such  person or family may be permitted to remain in occupancy for the duration of such a situation. The rent of such person or  family shall  be increased in accordance with its ability to pay, the amount of such increase to be prescribed by the authority.   7. A municipal housing authority created and established for a city of one hundred thousand or more shall grant a preference in  the  selection of  tenants to members of a police force of such city provided that such members otherwise qualify for occupancy in its  projects  and  provided, further,  that  such  city  has  adopted  a  local  law authorizing such preference.