reglab/statecodes huggingface dataset:
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 1725 - General Administration › Subpart 1725-3 - Housing Company Meetings › Section 1725-3.1 - Frequency of board of directors and stockholder meetings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The board will generally meet each month,
						but the frequency of such meetings will be as required by the amount or nature
						of the business to be transacted or as specified in the bylaws or certificate
						of incorporation. Whenever necessary, the board shall meet to elect a president
						and such other officers as provided in the bylaws.
(b) The general election of members of the
						board shall occur at the annual stockholders meeting. Other stockholder
						meetings shall occur as determined by the bylaws.
(c) Proper notice of each meeting of the
						board should be sent to all members of the board, including the division, at
						least 48 hours prior to a scheduled meeting. In order to allow adequate time
						for the division's designee to schedule attendance at the meeting of the board
						and to prepare properly for such meeting, notice of meeting of the board of
						directors should be sent to the division at least 10 days prior to the date of
						the meeting where possible, together with an agenda of the meeting.
(d) Stockholders should be notified at least
						10 days and not more than 60 days prior to each meeting of the stockholders.
						However, in accordance with the bylaws, written notice is not required if all
						directors, or stockholders as the case may be, are present at the meeting or
						those not present have waived notice in writing. A majority of all
						stockholders, counted on the basis of one vote per dwelling, shall constitute a
						quorum in any stockholders' meeting, except that the certificate of
						incorporation or by-laws may allow a lesser amount to constitute a quorum, but
						not less than one-third of such voters. Notwithstanding the above, the quorum
						requirements set forth in Subpart 1750 of this Title shall govern all votes
						identified in that Subpart.
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 1725 - General Administration › Subpart 1725-3 - Housing Company Meetings › Section 1725-3.2 - Organization of board of directors

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The board shall consist of the authorized
						number of directors; one additional director may be appointed by the division,
						unless otherwise required under article IV of the Private Housing Finance Law.
						At the first annual meeting of stockholders, directors will be elected to serve
						for terms of one, two or three years, designated so that the terms of
						approximately one third of the total directors, exclusive of the division's
						designee, will expire in any one year. Thereafter, directors will be elected
						for a three-year term, except when the election is for an unexpired
						term.
(b) The board shall elect
						officers, as prescribed in the bylaws, at the first board meeting after the
						annual stockholders meeting.
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 1725 - General Administration › Subpart 1725-3 - Housing Company Meetings › Section 1725-3.3 - Duties and powers

Current through Register Vol. 46, No. 28, July 10, 2024
The board of directors has the responsibility for
						  establishing policy covering administration of property, interests, business
						  and transactions of the corporation and may delegate to officers such authority
						  as it deems necessary. Sound organization dictates that members of the board
						  should not interfere with day-to-day management and operation of project or
						  with its employees or intrude upon management functions. Failure to adhere to
						  this policy reduces the efficiency of the operating staff by creating conflicts
						  in control and in the chain of command.
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 1725 - General Administration › Subpart 1725-3 - Housing Company Meetings › Section 1725-3.4 - Proxies

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding the provisions of any law, general or
						  special, a mutual company with the approval of the division, may require a
						  standard form and procedure for the casting of proxies or absentee ballots in
						  any matter requiring a shareholder vote.
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 1725 - General Administration › Subpart 1725-3 - Housing Company Meetings › Section 1725-3.5 - Minutes of meetings

Current through Register Vol. 46, No. 28, July 10, 2024
A copy of the minutes of each meeting shall be
						  forwarded to the division within 10 days after such meeting.
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 1725 - General Administration › Subpart 1725-5 - Files › Section 1725-5.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
All files, including applications and electronic
						  automated waiting list records, shall be maintained in a neat, orderly manner
						  and shall be made available for inspection by the division upon request. Files
						  must not be removed by an officer, agent, employee or other person to their
						  office, residence or any other location.
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 1725 - General Administration › Subpart 1725-5 - Files › Section 1725-5.2 - Tenant files

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Tenant files
						are to be maintained for each tenant and former tenant of the project. Files of
						tenants still in occupancy are generally maintained by reference to the
						tenants' account or apartment reference number. Files of former tenants are
						maintained in alphabetical order by tenant's surname.
(b) All forms, letters, reports, etc.
						including applications, leases, income surveys, rent adjustments, concerning an
						individual tenant will be filed in tenant's folder. Letters, reports and
						similar items which refer to more than one tenant but not to all tenants, will
						be duplicated, if feasible, in sufficient number to permit insertion in each
						file concerned; or if not feasible, a cross-reference note will be placed in
						each file concerned.
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 1725 - General Administration › Subpart 1725-5 - Files › Section 1725-5.3 - Applicant files

Current through Register Vol. 46, No. 28, July 10, 2024
Applicant files, whether active or inactive, should be
						  maintained as close as possible to the tenant files. The active files will
						  consist of those applications determined to be eligible or still being
						  investigated and should be maintained in chronological order with earliest date
						  on top. Active files should be reviewed periodically to determine which
						  applications should be shifted to the inactive files. A form letter inquiring
						  into the applicant's continuing interest may be used for this purpose. Inactive
						  applicant files containing those applications which have been determined to be
						  ineligible or those that have since been withdrawn, along with supporting
						  documentation, should be filed in alphabetical order by applicant surname and
						  retained for five years in accordance with section
						  1727-1.3(p) of
						  this Title.
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 1725 - General Administration › Subpart 1725-6 - Identity Of Interest And Unauthorized Payments › Section 1725-6.1 - Identity of interest by board members and other principals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Board members.
(1) Board members shall make every reasonable
						effort to avoid contracts or other transactions for materials or services, as
						set forth in Subpart 1728-4 of this Title, which may involve a possible
						conflict of interest. Housing companies and board members are subject to the
						provisions of the Business Corporation Law or the Not-for-Profit Corporation
						Law regarding voting and disclosure where a contract or a proposed contract
						involves a possible conflict of interest on the part of a board member. In
						addition to the disclosure requirements set forth therein, prior disclosure
						must be made to the division and to the board by any board member who has a
						direct or indirect interest in a business which proposes to participate at any
						stage of a transaction which may lead to the providing of materials or services
						to the housing company.
(2) Upon
						such disclosure by a board member, the housing company, prior to the
						solicitation of bids, shall submit a plan to the division for approval which:
(i) identifies the board member who has a
						direct or indirect interest, the name and address of the businesses involved,
						and the nature of the board member's interest;
(ii) provides an appropriate mechanism to
						assure that bids will be solicited and evaluated fairly; and
(iii) is designed to enable the housing
						company, in the event of an award to such a business, to adequately monitor the
						performance of the contract or transaction.
(3) If the housing company does not intend to
						solicit bids, it must establish to the division unique circumstances or
						emergency conditions render the use of a bidding procedure impracticable or
						inappropriate.
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 1725 - General Administration › Subpart 1725-6 - Identity Of Interest And Unauthorized Payments › Section 1725-6.2 - Unauthorized payments

Current through Register Vol. 46, No. 28, July 10, 2024
No company, association, director, officer, employee,
						  agent or other person shall solicit or receive, directly or indirectly, any
						  commission, bonus, gratuity, fee, contribution, or any other payment not
						  expressly authorized by the division:
(a) from any person interested, directly or
						indirectly, in the filing of an application or in the obtaining of a lease, or
						from any tenant, except the rent stipulated in the lease and such charges as
						may have been expressly approved by the division; or
(b) in connection with any contract or
						proposed contract for the housing company. Violation of this section by any
						agent, employee, board member or officer of the company shall be cause for
						discharge or such other penalty prescribed by contract or law and provision to
						such effect shall be deemed to be incorporated in all employment agreements
						entered into by the housing company, and in its rules and
						regulations.
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 1727-1.2 - Marketing and processing of application requests

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At the initiation of a sales or rental
						program by the housing company or as directed by the division, the housing
						company must place an advertisement, approved by the division, in the media
						most likely to be used by applicants, including publications and outlets
						serving minority populations as approved by the division, so that all segments
						of the public are aware of the availability of apartments. The advertisement
						shall include the words "Equal Housing Opportunity" and "Supervised by the New
						York State Division of Housing and Community Renewal" in the copy.
(b) The advertisement should also specify
						that the number of applications may be limited. Applications will be mailed
						only to persons making inquiries on or before the date as specified in the
						advertisement. All such applications must be mailed at one time to provide an
						equal opportunity for all applicants.
(c) Applications will be mailed to persons
						making inquiries after the closing date only if there are insufficient
						applications to meet the project needs. Such applications, not in excess of
						estimated project needs, will be issued according to date of receipt of
						inquiry.
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 1727-1.3 - Processing of applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
						Intra-project transfers shall be given priority for available apartments over
						other waiting list applicants. Notwithstanding the foregoing, one of every four
						available apartments shall be set aside and offered to an applicant on the
						outside waiting list.
(b) Housing
						companies must establish a written transfer policy. This policy should state
						whether or not lateral transfers, i.e., intra-project transfers between
						apartments with the same bedroom size, are permitted, and, if so, under what
						circumstances, and should state that the following criteria must be met for all
						transfers:
(1) tenant must be occupying
						current apartment in accordance with requirements of this Chapter;
(2) tenant must meet the occupancy standards
						for the apartment size requested at the time of application and of apartment
						availability, or the transfer must improve a condition of overcrowding or
						underutilization;
(3) all costs
						related to the transfer, including but not limited to any rent loss, must be
						borne by the tenant;
(4) all
						transfers are subject to division prior approval; and
(5) the resultant residual apartment may be
						offered to any applicant in accordance with established procedures.
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 1727-1.5 - Warehousing

Current through Register Vol. 46, No. 28, July 10, 2024
It is the obligation of a housing company to promptly
						  fill vacant apartments for occupancy with eligible applicants from the housing
						  company's waiting lists in accordance with this Chapter. The failure to do so,
						  unless expressly approved in writing by the division, is a violation of the
						  requirements of this Chapter, and a violation of the responsibilities and
						  duties of the housing company, its directors, managing agent and any housing
						  company employee assigned the duty or supervision of renting such
						  apartments.
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 1727-2 - Determination Of Eligibility For Admission Or Continued Occupancy › Section 1727-2.2 - Responsibilities of housing company

Current through Register Vol. 46, No. 28, July 10, 2024
It is the responsibility of the housing company
						  to:
(a) determine, prior to admission,
						the probable aggregate annual income of all members of applicants'
						household;
(b) restrict admission
						to such households whose probable aggregate annual income is within applicable
						admission limits;
(c) review once a
						year probable aggregate annual income of households in possession;
(d) assess and collect surcharges in
						accordance with approved schedules from households whose income warrants such
						surcharges; and
(e) accept Federal
						reimbursement under section 8 of the Housing and Community Development Act of
						1974 in lieu of rent payment for qualified tenants and tenant-shareholders who
						were residing in the housing company premises prior to the determination of
						their eligibility for government rent subsidy and not reject an applicant for
						an apartment solely on the basis that all or part of the rent shall be paid
						under section 8 of the Housing and Community Development Act of 1974.
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 1727-2 - Determination Of Eligibility For Admission Or Continued Occupancy › Section 1727-2.4 - Reporting of income and family composition

Current through Register Vol. 46, No. 28, July 10, 2024
It is the responsibility of applicants, tenants, or
						  cooperators to report to the housing company their aggregate annual family
						  income and family composition.
(a)
						Reporting by applicant. Applicants must report to the housing company their
						aggregate annual family income and family composition at the time of
						application for an apartment, and if an apartment is not available at the time
						of application, he or she must also report aggregate annual income and family
						composition at the time of apartment availability.
(b) Annual reporting by tenants or
						cooperators. Tenants or cooperators must report to the housing company their
						aggregate annual family income and family composition on an annual basis in the
						manner directed by the housing company.
(c) Reporting of changes in family
						composition. Tenants or cooperators must advise the housing company in writing
						within 90 days following the addition or removal of any family member who
						resides in the dwelling unit, and such changes shall also be reflected in any
						subsequent required annual income certifications.
(d) Reporting requirements incorporated into
						lease. The reporting requirements set forth in this section shall be included
						as a provision in tenant's or cooperator's lease, but the absence of such a
						provision does not excuse the tenant or cooperator from the responsibility of
						compliance.
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 1727-2 - Determination Of Eligibility For Admission Or Continued Occupancy › Section 1727-2.5 - Income reexamination procedure-annual and interim changes

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Annual income
						reexamination procedure.
(1) Following the
						end of each calendar year, the division will issue a memorandum which explains
						the annual tenant income reexamination procedure set forth in this Chapter, the
						affidavit forms to be used, and the deadlines involved. Follow-up by the
						housing company should be made of any income affidavits not returned on
						time.
(2) The income affidavit
						should be carefully reviewed. If the affidavit reflects a change in household
						composition from the prior year's affidavit, documentation should be requested
						by the housing company. The division will refer income reported by residents
						who provide social security numbers to the New York State Department of
						Taxation and Finance for verification. However, income documentation by the
						housing company is required in the following circumstances:
(i) if certain deductions are claimed, as
						indicated in the housing company and tenant instructions accompanying the
						memorandum; or
(ii) if a resident
						18 years of age or older does not provide a social security number or claims
						not to have filed a New York State income tax return.
If additional information or documentation is needed, a
						  written request to that effect should be forwarded to tenant or cooperator and
						  a copy of such request attached to "Occupant's Annual Affidavit of Family
						  Income" form. The date on which information should be returned must be shown on
						  notice and should normally be from 7 to 10 days from the date of the
						  notice.
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 1727-2 - Determination Of Eligibility For Admission Or Continued Occupancy › Section 1727-2.6 - Tenant's refusal to cooperate in income determination

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The failure, neglect or refusal of a
						tenant or cooperator to furnish information concerning their income or that of
						any household member, or to cooperate in the verifying of such reported income,
						will be assumed to indicate excess income. In such cases, rent will be raised
						to the maximum in the surcharge schedule. However, upon submission of an
						affidavit of income and/or of proper documentation, surcharges, if any, will be
						assessed on basis of verified income, with the effective date of any rent
						change to be the first of the month following the month in which the affidavit
						of income and/or proper documentation had been filed with the housing company.
						In no event will credit be given for excess surcharges already assessed as a
						result of failure, neglect or refusal of tenant or cooperator to cooperate in
						income determination as set forth in this section.
(b) Upon proper verification of income, per
						procedures outlined in section
						1727-2.3 of this Subpart, if it is
						determined that tenant or cooperator, or any household member, willfully
						misrepresented any information, then the housing company shall calculate
						surcharges in accordance with surcharge schedule and assess such surcharge, as
						rent, each month, retroactive to the initial month in which such surcharges
						should have been paid. A housing company shall charge such tenant or cooperator
						a fee of $150 in payment for the expenditure of housing company time and labor
						incurred to determine the true income of the tenant or cooperator.
(c) In the event a tenant or cooperator, or
						any household member, has indicated that either a Federal income tax return or
						a New York State income tax return for the year in question has not been filed,
						and subsequent verification procedures show that such a return was filed, the
						procedures set forth in subdivision (b) of this section are to be followed by
						the housing company.
(d) In no case
						shall the housing company waive the provisions of subdivisions (a) through (c)
						of this section.
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 1727-2 - Determination Of Eligibility For Admission Or Continued Occupancy › Section 1727-2.7 - Effective date of rent changes

Current through Register Vol. 46, No. 28, July 10, 2024
The housing company shall establish an effective date
						  for all rent changes resulting from annual income reviews. Each tenant or
						  cooperator whose rent is being changed will be given notice of such change one
						  calendar month prior to this date. Such notice shall also be given to tenants
						  or cooperators whose rent is being changed to maximum surcharge rent for
						  failing to submit required proof.
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 1727-2 - Determination Of Eligibility For Admission Or Continued Occupancy › Section 1727-2.8 - Occupancy standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
						Apartment assignments must conform to the following occupancy chart provided
						such assignment does not violate Federal, State, and local building, health,
						safety and fair housing laws:
Household size
										for admission
Apartment size
(minimum-maximum)
Studio
1-2
1 Bedroom
1-2
2 Bedroom
2-4
3 Bedroom
4-6
4 Bedroom
5-8
5 Bedroom
7-10
It is the housing company's responsibility to verify
						  household composition. For both new admission and transfer applications, the
						  members of the applicant's household must be residing together and must meet
						  the applicable household size requirements at the time of application and at
						  the time of apartment availability. Nevertheless, when appropriately
						  documented, a child subject to a joint custody agreement who lives with the
						  family 50 percent or more of the time, or a child away at school, may be
						  included in the household count.
(b) Exceptions to the minimum household size
						in the above schedule may be permitted in the following circumstances:
(1) To encourage downsizing from
						underutilized units, a transfer to a smaller apartment may be permitted even if
						the household size is less than the minimum. A housing company may create a
						plan, with the division's approval, to provide additional incentives for such
						downsizing.
(2) If no applicants on
						the waiting list meet the occupancy standard for an apartment of a particular
						size, despite active marketing efforts, the apartment may be offered to
						applicants eligible for the next smaller sized apartment in chronological order
						based on application date. In such cases, it will not be counted as a refusal
						if the applicant declines the larger apartment.
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 1727-3 - Leasing And Tenancy › Section 1727-3.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A lease for the
						apartment being assigned an eligible household or person will be executed
						before that household or person takes possession. The standard form of lease
						will be prepared in duplicate, one copy of which shall be given to the lessee.
						If there is more than one head of household, the signatures of each should be
						required, although possession may be granted on one signature. A board member
						or the manager shall sign for the housing company.
(b) Leases shall be executed at initial
						admission to project upon transfer to another apartment, and upon
						succession.
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 1727-3 - Leasing And Tenancy › Section 1727-3.2 - Terms of lease

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Leases shall
						commence on the first day of the month and shall not exceed 36 months'
						duration. Where tenant or cooperator takes possession after first day of month,
						the lease shall show a term starting as the first day of the following
						month.
(b) A full month's rent
						should always be collected prior to admission, regardless of the day of the
						month a tenant or cooperator takes possession. Necessary adjustment to reflect
						partial month's rent should be made in following month.
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 1727-3 - Leasing And Tenancy › Section 1727-3.3 - Rent entered on lease

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Rent
						entered on the lease form shall be actual rent, including surcharges if any,
						being assessed tenant or cooperator at time lease is signed. Any later increase
						or decrease from this actual rent resulting from either a change in tenant's or
						cooperator's income or a duly authorized general rent increase, shall be in
						accordance with the requirements of this Chapter.
(b) In the event a two-stage increase in
						rents or carrying charges has been granted, one or both of which stages are not
						yet in effect, the housing company shall so notify the prospective tenant or
						cooperator, in writing, prior to the signing of the occupancy or lease
						agreement. The notice shall detail the revision of rent or carrying charges,
						and the effective date or dates thereof.
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 1727-3 - Leasing And Tenancy › Section 1727-3.4 - Leasing interview

Current through Register Vol. 46, No. 28, July 10, 2024
At time of lease signing, tenant or cooperator should
						  be informed of their rights and obligations under the lease, and advised of the
						  rules and regulations of tenancy.
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 1727-3 - Leasing And Tenancy › Section 1727-3.5 - Changes in persons occupying tenant's apartment

Current through Register Vol. 46, No. 28, July 10, 2024
Housing companies shall notify all tenants, and shall
						  provide in all leases, that the housing company must be advised in writing
						  within 90 calendar days of any additions to or deletions from the tenant's
						  family who reside in the housing accommodation, or the persons who for a period
						  of 30 days or more occupy the housing accommodation, and that such changes
						  shall be reflected in all subsequent affidavits of income submitted by the
						  tenant.
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 1727-3 - Leasing And Tenancy › Section 1727-3.6 - Tenancy general

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Rules of
						tenancy should be established by the housing company to provide reasonable
						control over tenant or cooperator actions which might infringe on rights of
						other tenants or cooperators to peaceful possession of their apartments or tend
						to impair residential character of housing development.
(b) No such rule may become effective until
						it has been approved by the division. All such rules shall be submitted to the
						division for review and approval. If the division does not approve or reject
						such rule either 90 days after full and proper submission of the rule or
						submission of any further document or information requested by the division,
						whichever is later, the housing company may implement such rule until it
						receives a division determination to the contrary. When any rule has been
						approved in writing by the division or 90 days has elapsed without a division
						determination such written notice shall be included in any subsequent lease or
						occupancy agreement with the cooperator or tenant, and is not effective as to
						such cooperator or tenant until it actually appears in a lease or occupancy
						agreement with said tenant or cooperator.
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 1727-3 - Leasing And Tenancy › Section 1727-3.7 - Resident employees

Current through Register Vol. 46, No. 28, July 10, 2024
A housing company may assign apartments for resident
						  employees and their families if such assignments will provide for more
						  efficient operation of the project. The apartments to be assigned and the
						  rents, if any, to be charged shall be established by the company, subject to
						  the prior written approval of the division. Resident employees shall not be
						  subject to rental surcharges or annual income reviews. A resident employee's
						  apartment lease or agreement which provides for immediate vacating of the
						  apartment upon termination of employment for any reason whatsoever, shall be
						  executed by all resident employees.
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 1727-3 - Leasing And Tenancy › Section 1727-3.11 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 1727-4 - Rent Determination And Collection › Section 1727-4.1 - Rent schedules

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Rents
						or carrying charges are determined by reference to rent schedules approved by
						the division, pursuant to subdivision (c) of this section and the surcharge
						schedule shown in subdivision (d) of this section.
(b) After ascertaining probable aggregate
						annual family income, less permissible deductions, reference to these
						schedules, as applicable, will show rent to be charged.
(c) Rent schedules are prepared by the
						housing company, subject to division approval, provided that if such approval
						is not issued within 90 days from submission of all required materials, such
						schedules shall be deemed approved. Such schedules should provide sufficient
						income to meet the costs of efficient project operation, including reasonable
						reserves and debt service.
(d)
						Unless the division has ordered otherwise, the following schedule shall be used
						to determine surcharge rentals:
Income
Rental
(in percent of
										current maximum admission limit for apartment)
(in percent of
										current admission rental for apartment)
Greater
										than
Up to and
										including
Limited profit
										and limited dividends
0
105
100
105
110
105
110
115
110
115
120
115
120
125
120
125
130
125
130
135
130
135
140
135
140
145
140
145
150
145
150
-
150
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 1727-4 - Rent Determination And Collection › Section 1727-4.2 - Rent collection

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the
						event that the rent payment is not received promptly, summary proceedings
						should be initiated.
(b) The tenant
						or cooperator may be charged for service and filing fees and attorney fees in
						connection with such proceedings, as well as any court costs authorized under
						the law. Where the lease or rules and regulations do not clearly set forth this
						fact, they should be revised to include such provision.
(c) It is the responsibility of the housing
						company to see that proceedings are diligently followed, to point of eviction
						if necessary, and that counsel pursues collection of any judgment rendered by
						the court.
(d) Charges may be
						imposed for unusual administrative costs caused by repeated negligence or
						willful acts of tenants or cooperators and charged as additional rent. However,
						such charges may not be imposed without prior approval of the
						division.
(e) Where a tenant has
						vacated, whether voluntarily or involuntarily, it is still the responsibility
						of the housing company to locate such tenant and to collect all sums due the
						company.
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 1727-4 - Rent Determination And Collection › Section 1727-4.3 - Write-offs of uncollectible accounts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Reasonable efforts should be made by the
						housing company to locate the tenant, discover the tenant's available assets
						and collect the indebtedness, before recommending a vacated tenant's accounts
						receivable as a collection loss write-off.
(b) Where collection efforts on the part of
						the housing company have not been successful, the housing company may turn over
						uncollected accounts to a collection agency may be obtained on request. The
						agreement between the company and the collection agency.
(c) Where efforts prove to be unsuccessful
						and account appears to be uncollectible, write-off should be handled as
						follows:
(1) An individual tenant's accounts
						receivable up to $5,000 may be written off at discretion of housing
						company.
(2) An individual tenant's
						accounts receivable in excess of $5,000 may be written off only after approval
						by the division. Requests for such approval must be supported by the following:
(i) detailed description of collection
						efforts made by the housing company;
(ii) summary of credit report covering each
						case giving pertinent facts upon which a decision as to uncollectibility can be
						based; and
(iii) recommendations of
						housing company counsel.
(4) Except for cases of fraud and
						misrepresentation, housing company counsel may be permitted to settle accounts
						of vacated tenants regardless of the amount involved when such settlement is of
						an urgent nature and approved by the board of directors. The division must be
						advised of such settlements in cases where indebtedness exceeds $5,000. No
						write-offs can be made without division approval where rent was payable by a
						former director of the housing company or any other individual who had or has a
						position or relationship identified in the identity of interest provisions of
						this Chapter.
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 1727-4 - Rent Determination And Collection › Section 1727-4.10 - Security deposits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
						rental housing company may 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.
(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 housing company 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) The security deposit plus interest which
						has accrued since the date of the previous annual payment but less any
						deductions for rent due, loss or damage to property, or other charges, shall be
						returned to the tenant as soon as possible after the apartment is vacated. (See
						Appendix S-8, infra, Exhibit 34.)
(e) The housing company shall be entitled to
						receive, for administration expenses, the sum of one percent per annum of the
						security money so deposited. The balance of the interest credited by the
						banking organization shall be annually paid to the person making the deposit of
						security money.
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 1727-4 - Rent Determination And Collection › Section 1727-4.11 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 1727-4 - Rent Determination And Collection › Section 1727-4.12 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 1727-4 - Rent Determination And Collection › Section 1727-4.13 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 1727-5 - Termination Of Tenancy › Section 1727-5.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
Possession of premises by tenant is held under lease in
						  rental developments, usually for a period of three years, and under occupancy
						  agreement in cooperatives. Both provide for termination of agreement, and
						  tenancy or occupancy thereunder, by either party at end of stipulated period,
						  or sooner, as may be specifically agreed upon.
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 1727-5 - Termination Of Tenancy › Section 1727-5.2 - Termination by tenant

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Rental
						developments.
(1) Tenants intending to vacate
						prior to expiration of lease term should be required to give at least one
						month's advance notice of such intent in writing.
(2) Liability for rent under a lease usually
						extends until expiration date of lease or until apartment is relet.
(3) Possession of apartments abandoned by
						tenants may be recovered by the housing company through applicable legal
						proceedings.
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 1727-6 - Miscellaneous Provisions Of Tenancy › Section 1727-6.1 - Special services

Current through Register Vol. 46, No. 28, July 10, 2024
A housing company may furnish tenants or cooperators
						  with special services not provided for in the lease, such as bus, laundry,
						  television antenna or other services, but only upon such terms as the division
						  may approve in writing. The approval of the division will be given only upon
						  the express condition that such services, and all facilities used in connection
						  therewith, will be made available to all tenants on equal terms and shall be
						  self-sustaining.
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 1727-6 - Miscellaneous Provisions Of Tenancy › Section 1727-6.2 - Lease on commercial space

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
						Where stores or other commercial facilities are rented by a housing company,
						they may be leased without approval of the division where:
(1) the rent is not less than projected as
						part of the commercial income in the last approved budget;
(2) there is not an identity of interest or a
						contract or commitment in need of further supervision; and
(3) there is approval of the board of
						directors, housing company, and housing company counsel. The approval by the
						housing company counsel shall include review to assure that the division and
						any State mortgagee are additionally insured in amounts required by the
						division, and the division and such State mortgagee would be defended and
						indemnified.