2023 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 one  of  the  veterans'  services  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
one  of  the veterans' services 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.