New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IV - State-assisted Housing Constructed By Private Enterprise › Subchapter C - Housing Company Management › Part 1727 - Occupancy › Subpart 1727-1 - Tenant Selection Procedure › Section 1727-1.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
The selection of tenants or cooperators by housing
						  companies established under the Private Housing Finance Law is governed by
						  provisions of this section, except that federally assisted projects shall
						  conform to any HUD rules and regulations which are at variance with those
						  herein.
(a) Housing companies shall
						process applications through the division's web-based Mitchell-Lama Automated
						Waiting List (AWL).
(b) Except as
						hereinafter provided in this section, all segments of the public will have an
						equal opportunity to apply for apartments.
(c) No prospective applicant will be rejected
						because of race, creed, color, national origin, sexual orientation, military
						status, sex, age, disability, marital status, or familial status, except that
						an applicant must be at least 18 years of age and in the case of senior citizen
						developments meet their age requirements at the time of application. The
						housing company and its managing agent shall comply with all Federal and State
						fair housing, nondiscrimination and civil rights laws. Any complaints in
						writing alleging violations of these laws shall immediately be referred to the
						division for appropriate action.
(d) All applications will be processed in an
						equitable manner.
(e) Applications
						must identify all of the applicants as well as any additional prospective
						residents. The prospective household composition must conform to the occupancy
						standards for the dwelling unit size requested at the time of application and
						at the time of availability. Applicants and any additional prospective
						residents must be living together at the time of application and at the time of
						availability; provided, however, that a housing company may adopt a uniform
						policy, but is not required to, which allows changes in household composition
						to be made on condition that an original adult applicant must remain on the
						application at all times and move in at the time of availability.
(f) Income of prospective tenant or
						cooperator will not exceed the applicable income limit either at the time of
						application or at the time of apartment availability.
(g) Applications for admission and
						intraproject transfer require the division's approval prior to assignment of
						the dwelling unit.
(h) Vietnam
						veteran's preference. Preference in admission to a project shall be given by a
						limited profit housing company (including those companies participating in the
						low rent assistance program) to 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 in such service), provided some portion of
						the period of service was between February 28, 1961 and May 7, 1975, the
						official date of the termination of the conflict in Vietnam; and
(2) have been thereafter discharged or
						released therefrom under conditions other than dishonorable, or died in such
						service, not more than five years prior to the time of application for
						admission to the project.