reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter III - Low Rent Housing › Subchapter C - Management Manual For Housing Authorities › Part 1627 - Occupancy › Subpart 1627-4 - Leasing: Rules And Regulations Of Tenancy › Leasing Procedure › Section 1627-4.2 - Initial date and duration of lease

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Leases shall be on a month-to-month basis
						  and shall always start on the first day of the month. Where tenant takes
						  possession after the first day of the month, lease shall show term starting as
						  first day of the following month.
(b) A full month's rent shall always be
						  collected prior to admission, regardless of the day of month tenant takes
						  possession. Necessary adjustments to reflect partial month's rent shall be made
						  in the following months.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter III - Low Rent Housing › Subchapter C - Management Manual For Housing Authorities › Part 1627 - Occupancy › Subpart 1627-4 - Leasing: Rules And Regulations Of Tenancy › Leasing Procedure › Section 1627-4.3 - Rent entered on lease

Current through Register Vol. 46, No. 28, July 10, 2024
Rent entered on lease form shall be actual rent,
							 including surcharges if any, being assessed tenant at the time the lease is
							 signed. Any later increase or decrease from this actual rent resulting from a
							 change in tenant's income shall be handled by a rent change authorization which
							 will be an amendment to the lease. Changes in actual rent for any other reason
							 shall require execution of a new lease.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter III - Low Rent Housing › Subchapter C - Management Manual For Housing Authorities › Part 1627 - Occupancy › Subpart 1627-4 - Leasing: Rules And Regulations Of Tenancy › Leasing Procedure › Section 1627-4.4 - Security deposits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
						  authority shall require tenants to pay a security deposit in advance as a
						  condition of occupancy to insure faithful compliance with the terms of the
						  lease and the rules and regulations. Provided, however, a recipient of public
						  assistance, supplemental security income benefits or additional State payments
						  as defined in section
						  300 of the
						  Social Services Law, shall not be required to pay such security deposit if the
						  authority is secured against nonpayment of rent or damages by any appropriate
						  agreement executed by a local social services official, pursuant to subdivision
						  1(a) of section
						  143-c of
						  the Social Services Law. The authority shall accept such an agreement in lieu
						  of a security deposit if such agreement is offered by a local social services
						  official.
(b) Security deposits
						  shall be placed in separate interest-bearing accounts. Such money, with
						  interest accruing thereon, shall continue to be the money of the tenant making
						  such deposit and shall be held in trust for them by the authority and not
						  mingled with other funds.
(c) The
						  tenant shall be notified in writing of the name and address of the bank in
						  which the security deposit is being held and the amount of the security
						  deposit.
(d) Collection of security
						  deposits may be on an installment basis if the authority adopts such a
						  procedure. Under this arrangement, a reasonable part of the total shall be
						  collected prior to admission, and the remainder in equal monthly sums covering
						  a period not to exceed six months from date of admission.
(e) Security deposits may not be applied
						  against loss or damage while tenant remains in occupancy. Necessary charges are
						  to be collected on a current basis; only upon termination of tenancy are
						  deductions to be applied against security deposits, with the balance, if any,
						  being refunded to tenant. Security deposits are trust funds under New York
						  State law, and must be handled in accordance with such law and the requirements
						  of Subpart 1642-5 of the accounting manual (Subchapter D of this
						  Chapter).
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter III - Low Rent Housing › Subchapter C - Management Manual For Housing Authorities › Part 1627 - Occupancy › Subpart 1627-4 - Leasing: Rules And Regulations Of Tenancy › Leasing Procedure › Section 1627-4.5 - Leasing interview

Current through Register Vol. 46, No. 28, July 10, 2024
At time of lease signing, tenant should be informed
							 of his rights and obligations under the lease. Prompt payment of rent should be
							 stressed. Tenant should be advised of the rules and regulations of tenancy,
							 with special emphasis on the more important ones. Information should be
							 available on activities conducted in project, location of schools and churches,
							 necessity for notifying post office as to address change, and any other matters
							 which might be helpful in his adjustment to his new home. Finally, he should be
							 urged to ask any questions he might have.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter III - Low Rent Housing › Subchapter C - Management Manual For Housing Authorities › Part 1627 - Occupancy › Subpart 1627-4 - Leasing: Rules And Regulations Of Tenancy › Rules and Regulations of Tenancy › Section 1627-4.10 - General

Current through Register Vol. 46, No. 28, July 10, 2024
Rules and regulations of tenancy should be
							 established by the authority to provide reasonable control over tenant actions
							 which might infringe on rights of other tenants to peaceful possession of their
							 apartments or tend to impair residential character of project. Suggested rules
							 and regulations are available from the division, but they should be reviewed
							 and modified to meet local conditions. A copy of the rules and regulations
							 adopted by the authority is to be filed with the division.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter III - Low Rent Housing › Subchapter C - Management Manual For Housing Authorities › Part 1627 - Occupancy › Subpart 1627-4 - Leasing: Rules And Regulations Of Tenancy › Rules and Regulations of Tenancy › Section 1627-4.11 - Enforcement

Current through Register Vol. 46, No. 28, July 10, 2024
The effectiveness of the rules and regulations of
							 tenancy depends on their impartial enforcement. Prompt handling of infractions
							 is essential; persons concerned should realize that the authority will not
							 tolerate any disregard for personal and property rights of other tenants or the
							 authority.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter III - Low Rent Housing › Subchapter C - Management Manual For Housing Authorities › Part 1627 - Occupancy › Subpart 1627-5 - Rent Determination And Collection › Section 1627-5.1 - Rent determination

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
						General.
(1) Section
						156 of the
						Public Housing Law limits admission to persons or families whose probable
						aggregate annual income does not exceed six times the annual rent in cases of
						persons or families with three or fewer dependents, and seven times the annual
						rent in cases of persons or families with four or more dependents; except that
						in the case of Vietnam veterans, their widows or families, such persons or
						families shall be eligible for admission if their probable aggregate annual
						income does not exceed seven times the annual rental (including the value or
						cost to them of heat, light, water and cooking fuel) in the case of persons or
						families with three or fewer dependents, and eight times the annual rental in
						the case of persons or families with four or more dependents.
(2) Administrative limits for continued
						occupancy will be established by the authority, subject to the approval of the
						commissioner. Under section
						156 of the
						Public Housing Law, these limits cannot exceed 50 percent of admission limits
						currently in effect or in effect at time of tenant's admission, whichever is
						greater. Tenants, whose incomes increase over the admission limits, but not
						over the limits established for continued occupancy, may continue in occupancy.
						Their rent, however, will be increased in proportion to their ability to
						pay.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter III - Low Rent Housing › Subchapter C - Management Manual For Housing Authorities › Part 1627 - Occupancy › Subpart 1627-5 - Rent Determination And Collection › Section 1627-5.2 - Rent collection

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Tenants
						in occupancy.
(1) Payment of rent promptly by
						tenants can be made a matter of habit. This fact should be emphasized at all
						times, and most strongly in the case of new tenants. Thus, at time of
						prospective tenant's interview, managers should stress emphatically that rent
						is payable on first day of month and that late payment will not be tolerated.
						Tenants who allege inability to pay rent because of financial difficulties
						should be referred to the bureau of welfare or other social agency during first
						month of delinquency rather than granting a delay in payment, so that no
						problem in paying back rent develops.
(2) In the event that rent payment is not
						made properly, a three-day notice should be served as soon as the authority
						deems advisable, but not later than the 10th of the month. At expiration of
						three-day period, summary proceedings should be initiated without delay. Under
						supervision of counsel, precept and petition can be prepared by the manager or
						a member of his staff. Counsel for the authority should continue to prosecute
						proceeding unless full payment from tenant has been received within prescribed
						time.
(3) Tenant may be charged for
						service and filing fees in connection with such proceedings, as well as any
						court costs authorized under the law. Where rules and regulations do not
						clearly set forth this fact, they should be revised to include such
						provision.
(4) It is the
						responsibility of the manager to see that proceedings are diligently followed,
						up to point of eviction if necessary, and that counsel pursues collection of
						any judgment rendered by the court. The responsibility of the manager by no
						means ends when the account is turned over to counsel. He should keep in
						frequent contact with him.
(5) All
						tenants owing retroactive surcharges should be personally interviewed by the
						manager and a schedule for monthly amortization of indebtedness agreed upon. A
						memorandum of such agreement should be signed by the tenant, in which it is
						stipulated that the amount to be paid monthly is to be considered additional
						rent.
(6) It is the policy of the
						division that tenants should be billed currently for surcharges.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter III - Low Rent Housing › Subchapter C - Management Manual For Housing Authorities › Part 1627 - Occupancy › Subpart 1627-6 - Termination Of Tenancy › Section 1627-6.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
Leases provide for termination of lease and tenancy
						  thereunder by either authority or tenant at the end of any monthly term. Under
						  normal circumstances, it is required that the party requesting termination
						  provide the other with at least one month's notice in
						  writing.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter III - Low Rent Housing › Subchapter C - Management Manual For Housing Authorities › Part 1627 - Occupancy › Subpart 1627-6 - Termination Of Tenancy › Section 1627-6.2 - Termination by tenant

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Tenants
						intending to vacate must sign a completed notice of intent to vacate. This
						notice shall include reason(s) for vacating.
(b) Tenants should be encouraged to give as
						much advanced notice as possible; however, at least one month's written notice
						is required as they are liable for rent until the end of the required period of
						notice or until the effective date of the new lease, whichever is
						earlier.
(c) Possession of
						apartments abandoned by tenants may be recovered by the authority without legal
						proceedings. However, if tenant has left any possessions or if there is any
						doubt as to whether the apartment has actually been abandoned, the authority's
						counsel shall be contacted for advice as to what action should be taken to gain
						possession.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter III - Low Rent Housing › Subchapter C - Management Manual For Housing Authorities › Part 1627 - Occupancy › Subpart 1627-6 - Termination Of Tenancy › Section 1627-6.3 - Termination by authority

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Grounds
						for instituting summary proceedings. Following are grounds upon which summary
						proceedings should be instituted by the authority to recover possession:
(1) nonpayment of rent;
(2) willful misrepresentation or concealment
						by tenant of any material fact which would affect eligibility for admission or
						continued occupancy or rent to be paid;
(3) breach of rules and regulations of
						tenancy;
(4)
						noncooperation;
(5) chronic
						delinquency in payment of rent;
(6)
						nonverifiable income;
(7) under- or
						over-occupancy and refuses offer of transfer;
(8) residual single person occupant contrary
						to authority's policy on single person occupancy;
(9) assignment or transfer of possession by
						tenant of record to other person or persons, without authority, permission or
						consent, after tenant of record has moved from apartment;
(10) nondesirability; and
(11) contingent liability arising from use of
						apartment for illegal purposes.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter III - Low Rent Housing › Subchapter C - Management Manual For Housing Authorities › Part 1627 - Occupancy › Subpart 1627-6 - Termination Of Tenancy › Section 1627-6.4 - Termination of lease at time of general rent change

Current through Register Vol. 46, No. 28, July 10, 2024
At time of a general rent change, a notice of intent to
						  terminate current lease must be forwarded to tenant at least one month prior to
						  effective date of such general rent change. A letter of information will be
						  issued in conjunction with such notice, advising tenants that if they desire to
						  continue in occupancy, they must report to the project's office to sign a new
						  lease at the changed rent.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter III - Low Rent Housing › Subchapter C - Management Manual For Housing Authorities › Part 1627 - Occupancy › Subpart 1627-7 - Standard of Desirability for Eligibility for Admission or Continued Occupancy, and Authority Board of Review › Section 1627-7.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
All authorities shall create and maintain an
						  environment conducive to the good health, safety, morals, welfare and comfort
						  of authority tenants. Persons whose conduct and behavior create effects and
						  influences adverse and detrimental to the project and persons residing therein,
						  interfere with and prevent the achievement of the objectives of the Public
						  Housing Law. In order to effectuate the policy hereinabove set forth, to
						  protect the property of the authority and to facilitate proper administration
						  by the authority of its projects, the standard of desirabilityhereinafter set
						  forth (see section
						  1627-7.2 of this Part) shall be
						  followed by authorities in approving eligibility for admission or continued
						  occupancy.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter III - Low Rent Housing › Subchapter C - Management Manual For Housing Authorities › Part 1627 - Occupancy › Subpart 1627-7 - Standard of Desirability for Eligibility for Admission or Continued Occupancy, and Authority Board of Review › Section 1627-7.2 - Standard for admission or continued occupancy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In addition to income eligibility, an
						authority may establish standards for use in approving eligibility for
						admission or continued occupancy of a household in any authority project. Such
						standards shall include that the household will not, or does not, constitute:
(1) a detriment to the health or safety of
						its neighbors or the community;
(2)
						a source of danger to the peaceful occupation of the other tenants;
(3) a source of danger or cause of damage to
						residents, personnel, property or premises of the authority; or
(4) such other lawful and non-discriminatory
						eligibility or continued occupancy criteria as may be established by the
						authority.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter III - Low Rent Housing › Subchapter C - Management Manual For Housing Authorities › Part 1628 - Budget And Fiscal › Subpart 1628-1 - Budget Preparation › Section 1628-1.1 - Budget preparation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
						authorities are required to submit an operating budget for each project or
						consolidated projects for the period from the date of substantial completion to
						the end of the current fiscal year assigned to the authority, and annually
						thereafter. However, under certain conditions in consolidated project
						operations, the division may require a budget for each of the individual
						projects.
(b) Budgets will be
						prepared on forms provided by the Division of Housing and Community Renewal. A
						preliminary budget will be prepared in pencil and forwarded in duplicate, not
						later than 60 days prior to the beginning of the next succeeding fiscal year,
						to the Bureau of Management for review. Immediately upon return of the
						preliminary budget, the final budget will be prepared in four copies and
						forwarded for the formal approval of the Bureau of Management. Neither the
						preliminary nor the final budget will be forwarded to the Bureau of Management
						until it has been reviewed and approved by the local authority.
(c) Prior year actual expenses will be shown
						in the space provided in the case of preliminary budgets. Inasmuch as the
						preliminary budget will be prepared prior to the expiration of the fiscal year,
						the prior year actual figures will be for the year ending one calendar quarter
						earlier than the fiscal year.
(d)
						Budget should be in final approved form prior to commencement of its fiscal
						year. No matters will be considered for approval by the division unless
						approved budget is on file with the Bureau of Management.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter III - Low Rent Housing › Subchapter C - Management Manual For Housing Authorities › Part 1628 - Budget And Fiscal › Subpart 1628-2 - Budget Program › Section 1628-2.1 - Budget program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The budget
						is a plan of operation for the fiscal year. Every effort should be made to
						prepare a budget which presents a program designed to meet all the fiscal
						obligations and to keep the condition and appearance of the project up to high
						standards. In turn, the budget as approved should be adhered so that the plan
						of operation is properly executed. The budget is an important tool in the
						successful management of a project.
(b) The budget should be realistic.
						Projection of income and expenses should reflect past experience modified by
						any changes expected to occur during the budget year. Reasonable estimates must
						not be adjusted downward for the purpose of attaining a deficit within the
						limits of the maximum subsidy. If realistic estimates indicate a deficit in
						excess of maximum subsidy, effective economies or means of added income must be
						devised before preliminary budget is submitted to the Bureau of
						Management.
(c) Economy of
						operation is a constant objective, but it should be specially considered in
						developing the budget. The subsidy required for the deficit operation must be
						kept as low as possible. Section
						73 of the
						Public Housing Law limits the amount of subsidy that may be paid by the State.
						Proper concern for the public funds involved demands that subsidy requirements
						be kept to a minimum by economical project operation, regardless of the maximum
						subsidy permitted. In any event, the estimated deficit of a proposed budget
						must be based on justifiable expenses and reserves, and must reflect income
						from rents which bear a fair share of the project's expenses, with due regard
						for the income levels of tenants and applicants.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter III - Low Rent Housing › Subchapter C - Management Manual For Housing Authorities › Part 1628 - Budget And Fiscal › Subpart 1628-3 - Special Approvals, Revisions And Overruns › Section 1628-3.1 - Special approvals

Current through Register Vol. 46, No. 28, July 10, 2024
The following budgetary items require special prior
						  written approval from the division in addition to being included in the
						  approved budget:
(a) any changes,
						regardless of amount, which affect (1) personnel, (2) salaries, (3) legal or
						fiscal fees, and (4) insurance;
(b)
						any commitment, contract or expenditure in excess of amount stated in budget
						approval letter; and
(c) any
						contract for personal services.
Approval of the above items will be requested by letter
						  giving full justification and, in the case of contracts or purchases, copies of
						  bids received and authority's recommendation as to award.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter III - Low Rent Housing › Subchapter C - Management Manual For Housing Authorities › Part 1628 - Budget And Fiscal › Subpart 1628-3 - Special Approvals, Revisions And Overruns › Section 1628-3.2 - Revisions and overruns

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
						Requests for budget revisions to include additional items or to adjust for
						budget overruns in the major account categories, or for 20-percent overruns in
						any of the subaccounts, will be in the form of a letter justifying the
						requested revision. If the request is approved, the approval letter from the
						division will serve to amend the budget.
(b) Strict budget control should be
						maintained so that revisions are kept to a minimum. Requests for revisions,
						when necessary, should be submitted as promptly as possible. Requests to
						include additional items must be submitted at least 30 days prior to expiration
						of the fiscal year.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter III - Low Rent Housing › Subchapter C - Management Manual For Housing Authorities › Part 1628 - Budget And Fiscal › Subpart 1628-4 - Purchases And Contracts › Section 1628-4.2 - Purchases

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Purchases of
						materials and supplies will be made on a purchase order form of the authority.
						Purchases should be consolidated as much as possible, so that value of the
						purchase is sufficient to attract bidders and obtain quantity prices.
						Consolidation also reduces the amount of paper work. However, purchases should
						be only for immediate needs, generally not in excess of three to six months'
						requirements.
(b) Purchases of less
						than $10,000 do not require bidding under the following arrangements and, when
						economically feasible, should be utilized to the fullest extent possible.
						Although bidding is not required, approval of the division is necessary under
						all of these arrangements for any purchase in excess of amount stated in budget
						approval letter. Purchases in excess of $10,000 must be bid in accordance with
						section
						151 of the
						Public Housing Law.
(1) Open contracts
						awarded by New York State Executive Department, Office of General Services,
						Albany, N.Y. An alphabetic index of commodities purchased by the Office of
						General Services is available from the Albany office upon request specifying
						the items in which authority is interested.
(2) Consolidated procurement contracts of the
						United States Department of Housing and Urban Development, Public Housing
						Administration.
(3) Items available
						from Prison Industries Board, Department of Correction, Albany, N.Y.
(4) Items available from Industries for the
						Blind.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter III - Low Rent Housing › Subchapter C - Management Manual For Housing Authorities › Part 1628 - Budget And Fiscal › Subpart 1628-4 - Purchases And Contracts › Section 1628-4.3 - Contracts for occasional requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The most recently revised and approved
						standard short form of contract, including official tender, bid bond and
						performance bonds together with specifications and plans for the specific work,
						will be used for all contracts covering occasional requirements.
(b) The inclusion of a schedule of prevailing
						wage rates for the trades expected to be employed under the contract is
						required in the standard short form of contract.
(c) Any change in a contract will be made by
						a change order detailing the change and indicating whether the cost is affected
						and, if it is, the amount of the increase or decrease. Change orders require
						division approval.
(d) It is the
						responsibility of an authority and its designated employees to make certain
						that contractors fulfill their obligations under contracts. Assistance in the
						discharge of this responsibility is available from representatives of the
						division.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter III - Low Rent Housing › Subchapter C - Management Manual For Housing Authorities › Part 1628 - Budget And Fiscal › Subpart 1628-4 - Purchases And Contracts › Section 1628-4.4 - Contracts for continuing requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Specialized standard forms of contracts
						have been approved by the division for services for which there is a continuing
						requirement. Such contracts include exterminating services, elevator
						maintenance, laundry concession and fuel oil supply.
(b) Fuel oil contracts will be bid annually
						on standard proposals and specifications approved by the division. Bids are to
						be solicited on or about May 15th of each year since the term of the contract
						is from July 1st to June 30th of the following year. Contracts in excess of
						$10,000 must be publicly advertised at least once, not less than 20 days prior
						to bid opening date as required by section
						151 of the
						Public Housing Law. Copies of bids received, verification of public
						advertising, if applicable, and authority's recommendation will be forwarded to
						the Bureau of Management for review and approval prior to award.
(c) Bids will be solicited for other service
						contracts for which there is a continuing requirement at least 90 days prior to
						the expiration of the current contract.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter III - Low Rent Housing › Subchapter C - Management Manual For Housing Authorities › Part 1628 - Budget And Fiscal › Subpart 1628-4 - Purchases And Contracts › Section 1628-4.6 - Guarantees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Records of the
						expiration dates of guarantees of a year or more will be maintained by project
						office personnel. The project manager is responsible for making certain that
						such records are properly kept and ascertaining any possible guarantee
						obligations before authorizing repairs on guaranteed items.
(b) Special note should be made of items
						which have a guarantee period and a warranty period of different
						duration.
(c) Any notices or
						information as to the start of the guarantee period required by the
						manufacturer should be forwarded to him as promptly as possible in accordance
						with the terms of the guarantee.
(d) Guarantees of short periods i.e., three
						to six months, may be recorded if desired. However, as such a short interval of
						time is involved, easy reference can be made to the purchase order or similar
						document so that a special guarantee record is not required. In any event, the
						project manager still has the responsibility of ascertaining whether the
						guarantee period has expired before authorizing repairs to guaranteed
						items.
(e) Records or information
						on guarantees should be arranged so as to alert the project manager 30 days
						prior to the expiration date of any guarantee so that repairs or adjustments,
						if needed, can be made before the expiration of the guarantee.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter III - Low Rent Housing › Subchapter C - Management Manual For Housing Authorities › Part 1628 - Budget And Fiscal › Subpart 1628-6 - Disposal Of Excess Equipment › Section 1628-6.1 - Disposal of excess equipment and supplies

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Equipment and supplies which are no
						longer needed or useful to the authority should be disposed of as quickly as
						possible. Disposal of items which had a unit cost of $50 or more at time of
						purchase will require the division's prior approval.
(b) If possible, such equipment should be
						turned in on replacement equipment. Solicitation for bids for the replacement
						equipment should request bidders to offer a trade-in allowance for the old
						equipment.
(c) If it is impossible
						to trade in the equipment or if it is more economical to purchase the new
						equipment without a trade-in, then the item should be disposed of by selling it
						on a competitive basis to secondhand dealers.
(d) If item can not be disposed of as
						outlined, then it should be considered scrap and sold on competitive basis to
						salvage yards. If no offers are received for the scrap then it may be discarded
						by trash pick-up or taken to the municipal dump. A listing of items so disposed
						will be certified to by the housing manager at the time of such
						disposal.
(e) Disposal of items
						carried on inventory records will be entered on such records and reference
						noted as to purchase order, cash receipt, or certification on which disposal
						was effected.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter III - Low Rent Housing › Subchapter C - Management Manual For Housing Authorities › Part 1630 - Insurance › Subpart 1630-1 - General Regulations › Section 1630-1.1 - Purchase of insurance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
						commissioner requires that authorities shall obtain insurance protection at the
						lowest premium cost consistent with proper safety and full protection, and will
						approve only policies of insurance that measure up to these
						standards.
(b) The cost of
						insurance has a direct bearing on rent charges and on amount of subsidy
						required from State. Accordingly, all possible savings should be effected in
						purchasing insurance for projects. In this connection it is required that bids
						be obtained from all types of insurance carriers and from various insurance
						company groups, in order to determine which offers lowest net cost. Whenever
						possible, a minimum of six quotations of premium cost shall be obtained, three
						from stock and three from mutual carriers. Each premium quotation shall be from
						a different source. In all cases, only nonassessable insurance carriers will be
						acceptable as meeting requirements of Division of Housing. Each quotation shall
						include breakdown of rating data used in computing bid.
(c) The authority shall analyze and evaluate
						quotations of cost received in accordance with above subdivision, and forward
						quotations together with their recommendations and analysis, and a summary of
						replies to invitations to bid, to Division of Housing for review and approval.
						Written approval by Division of Housing is necessary.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter III - Low Rent Housing › Subchapter C - Management Manual For Housing Authorities › Part 1630 - Insurance › Subpart 1630-1 - General Regulations › Section 1630-1.2 - Review of insurance requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Authority shall confer with division
						immediately after making loan contract, to consider its insurance requirements,
						and to amplify requirements of this Part of the Subchapter if particular
						project so requires. In event authority believes that insurance coverages, in
						addition to those specified in this Subchapter, are necessary for proper
						protection of authority or project, division will review such additional
						coverages with authority and such additional coverages may be carried, if
						approved by division.
(b) Division
						is prepared to advise authority on any of its insurance problems. Lower rates
						have been obtained from rating authorities for a number of forms of coverages
						required by public housing developments, and division will assist authority in
						obtaining favorable rate treatment in every possible way.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter III - Low Rent Housing › Subchapter C - Management Manual For Housing Authorities › Part 1630 - Insurance › Subpart 1630-1 - General Regulations › Section 1630-1.3 - Where immediate coverage is required

Current through Register Vol. 46, No. 28, July 10, 2024
An authority may occasionally find it necessary to
						  obtain immediate insurance coverage. In such cases, wherever possible, coverage
						  should be placed under binder, with a company that has previously been
						  successful in receiving some other item of insurance under bidding procedure.
						  Company issuing binder should be requested to allow coverage to remain in such
						  form without issuing a policy until division can be consulted and approval
						  obtained for permanent coverage.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter III - Low Rent Housing › Subchapter C - Management Manual For Housing Authorities › Part 1630 - Insurance › Subpart 1630-1 - General Regulations › Section 1630-1.4 - Required endorsements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
						Whenever division is mentioned in any insurance policy required hereafter, as
						an additional insured, it shall be designated as "State of New York, Executive
						Department, Division of Housing and Community Renewal". Post office address: 2
						World Trade Center, New York, New York 10047.
(b) On all policies naming an authority,
						which also designates division as an additional insured, the following
						endorsement shall be included:
"It is agreed that the State of New York, Executive
						  Department, Division of Housing and Community Renewal" assumes no liability,
						  and shall not in any event be liable, for the payment of any of the premium as
						  may be stated in the policy or as may be added thereto by endorsement, or
						  earned under the policy or any endorsement."
(c) On all public liability policies, in
						which division is named as an insured in addition to authority, the following
						endorsement shall be included:
"It is understood that such insurance as is afforded by
						  this policy applies to each named assured against whom claim is made by an
						  employee of any other named assured."
(d) On any policy written by a mutual company
						in which division is named as an insured in addition to authority, the
						following endorsement shall be included:
"It is understood and agreed that any dividend payable
						  to the insured under this policy shall be payable only to (name of
						  authority)."
(e) All
						policies issued on behalf of authority, whether or not including name of
						division, and also all policies issued on behalf of any contractor in
						connection with work performed for any authority, shall bear an endorsement as
						follows:
"It is understood and agreed that this policy shall not
						  be reduced or cancelled without ten (10) days written notice in advance of the
						  effective date of such reduction or cancellation to the State of New York,
						  Executive Department, Division of Housing and Community Renewal, 2 World Trade
						  Center, New York, New York 10047.
(f) All policies issued to any contractor in
						connection with work performed for any authority shall contain, in addition to
						endorsement referred to in subdivision (e), the following statement:
"It is understood and agreed that this policy shall not
						  be reduced or cancelled without ten (10) days written notice in advance of the
						  effective date of such reduction or cancellation to the (name and address of
						  authority)."
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter III - Low Rent Housing › Subchapter C - Management Manual For Housing Authorities › Part 1630 - Insurance › Subpart 1630-1 - General Regulations › Section 1630-1.5 - Authority to submit duplicate policies for division approval

Current through Register Vol. 46, No. 28, July 10, 2024
Duplicate copies of all insurance policies, including
						  all endorsements, shall be forwarded to division for checking before payment of
						  premiums by authority. After review of each duplicate policy, division will
						  issue approval slip which shall be affixed to original insurance policy by
						  authority.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter III - Low Rent Housing › Subchapter C - Management Manual For Housing Authorities › Part 1630 - Insurance › Subpart 1630-1 - General Regulations › Section 1630-1.6 - Renewals-uniform expiration date

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
						division in consultation with authority, will arrange for a uniform date of
						expiration for as many of authority's policies as is possible. In order to
						effect uniform expiration date, after project has entered operating period,
						division may request authority to obtain extensions in the term of some of the
						policies, or the rewriting of others for an odd number of months.
(b) Upon renewal of insurance policies, the
						authority shall obtain bids or quotations in accordance with section
						1630-1.1, and these bids or
						quotations shall be obtained 60 days prior to expiration of such
						policies.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter III - Low Rent Housing › Subchapter C - Management Manual For Housing Authorities › Part 1630 - Insurance › Subpart 1630-1 - General Regulations › Section 1630-1.7 - Reporting of claims

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Property
						losses.
(1) In accordance with provisions of
						loan and subsidy contract, in event of damage or loss to project requiring
						presentation of any claim under any of the policies (excluding claims reported
						to liability or compensation carriers), authority shall immediately advise
						division as to nature and probable amount of loss and shall proceed with
						collection of insurance claim, either by settlement approved by commissioner or
						in such other manner as he may approve. Prior approval of commissioner must be
						obtained for employment of licensed public insurance adjuster.
(2) Remittance from insurance company for
						settlement of any claim for loss shall be payable to authority as named
						assured, and shall then be presented to division for final approval.
(3) After any such claim is satisfied by
						insurance carriers, and project is repaired or reconstructed, authority shall
						have insurance policies reinstated to full amount of insurance existing before
						damage. A copy of such reinstatement endorsement shall be forwarded to
						division. In some cases, policies are not reduced by payment of a loss, and
						therefore, no reinstatement endorsement is required. This should be verified in
						every case, and division notified to that effect.
(4) Authorities should keep a record of all
						uninsured losses so that a basis may be provided for determining whether any
						additional insurance coverages are necessary.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter III - Low Rent Housing › Subchapter C - Management Manual For Housing Authorities › Part 1630 - Insurance › Subpart 1630-1 - General Regulations › Section 1630-1.8 - Maintenance of insurance records

Current through Register Vol. 46, No. 28, July 10, 2024
All insurance documents, including policies and
						  correspondence in connection therewith, shall be kept in a safe place, in an
						  orderly manner, and readily accessible. A separate file shall be maintained of
						  the disposition of claims and losses for possible rate reductions. Instructions
						  for establishment and maintenance of insurance accounts are contained in
						  division's accounting manual [see Subchapter D of this
						  Chapter].
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter III - Low Rent Housing › Subchapter C - Management Manual For Housing Authorities › Part 1630 - Insurance › Subpart 1630-2 - Preconstruction Period › Section 1630-2.1 - Insurance to be carried by authority

Current through Register Vol. 46, No. 28, July 10, 2024
As soon as loan contract is executed, authority will
						  immediately require some or all of coverages listed below.
(a)
Compensation insurance.
(1) Workmen's compensation insurance is
						required by statute. A certified copy of this policy shall be furnished to the
						division and it shall provide that at least 10 days notice be given to the
						Division of Housing and Community Renewal, 2 World Trade Center, New York, New
						York 10047 in event such policy is to be cancelled. If it should not be
						practicable to furnish a certified copy of policy, division may give its
						consent to a waiver of this requirement provided a certificate of insurance
						from insurance company is furnished.
(2) Authority must include coverage for
						authority members under workmen's compensation policy, covering any injury to
						member of authority while engaged in duties on behalf of authority. To provide
						for the coverage, authority must adopt a resolution stating that members of
						authority are covered under authority's compensation policy while engaged in
						duties as members of authority. A certified copy of this resolution shall be
						forwarded to division. In addition to resolution referred to above, authority
						shall request insurance carrier to include in compensation policy, endorsement
						referred to in compensation manual of rating organization as "Elective or
						Appointive Officers of Municipal Corporations, or Other Political Subdivisions
						Endorsement".