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 1727-1.4 - Additional provisions for operating projects

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After initial occupancy, applications
						will continue to be accepted at all times unless the estimated waiting period
						is three years or more or the number of applications shall equal the number of
						dwelling units for the project, whichever basis shall result in a shorter list.
						During any period in which applications are being accepted, the housing company
						shall implement an ongoing affirmative fair housing marketing program to
						attract eligible applicants least likely to apply to the project. In cases
						where the waiting period is three years or more or reaches a number in excess
						of the number of dwelling units for the project, the housing company, with the
						written approval of the division, may discontinue acceptance of applications,
						except that such discontinuance shall not apply to eligible Vietnam veterans,
						their surviving spouses, project displaces, or to the mobility-impaired or
						members of their family who are mobility-impaired in projects having apartments
						designed for or modified to accommodate the mobility-impaired. The housing
						company must obtain the approval of the division at least 30 days in advance
						before it reopens applications to the public. The division will base its
						approval on a review of the housing company's compliance with this Part and the
						housing company's submission of an affirmative fair housing marketing plan
						acceptable to the division. Such reopening of applications shall be processed
						in the same fashion as the processing of inquiries and applications, pursuant
						to sections
						1727-1.1, 1727- 1.2 and 1727-1.3 of
						this Subpart.
(b) The processing of
						accepted applications to determine eligibility should be limited to a number
						sufficient to provide an adequate number of eligible applicants in numerical
						order, to meet turnover requirements.
(c) From time to time, the housing company
						shall canvass the applicants on its waiting list, in chronological order, in
						such manner as the housing company may deem appropriate in order to fill
						vacancies or to assess the need to reopen its waiting lists. Such canvass may
						be either by first class mail or by certified mail, return receipt requested.
						The canvass shall list the current range of rents or carrying charges, by
						apartment size, as well as any rent or carrying charge increases approved for
						future implementation. It shall further request a written statement of
						continued interest on the part of the applicant, as well as any changes in
						address and state that failure to provide such statement within 21 days will be
						deemed as noninterest on the part of the applicant. Where a housing company has
						elected to conduct the canvass of the waiting list by use of certified mail,
						return receipt requested, such action shall be deemed sufficient to meet the
						requirement and intent of this section. However, where first class mail is used
						to conduct the canvass, the housing company is required to again canvass those
						applicants who failed to respond to the initial canvass by use of certified
						mail, return receipt requested. Failure by an applicant to respond to the
						certified mail canvass will be deemed as noninterest, whereupon the application
						shall be terminated with an appropriate annotation made to the AWL (or to the
						manual log) kept pursuant to section
						1727-1.3(c)(3) of
						this Subpart and evidence of the canvass efforts maintained in the housing
						company's applicant files.
(d) Upon
						the request of an applicant, the housing company is obligated to advise said
						applicant of his or her position on the waiting list.