2023 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.