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 A - General Provisions › Part 1700 - Scope And Definitions › Section 1700.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As used in
					 these rules and regulations:
(1) Admission
					 rent or basic rent shall mean the rent charged for a particular type of
					 apartment without regard to surcharges. Such admission or basic rent shall be
					 the rent on which maximum income limits for admission for that apartment are
					 based.
(2) Annual income or income
					 (as used for the computation of probable aggregate income) shall mean the
					 Federal adjusted gross income of all household members as reported in their
					 last New York State income tax return, less such personal exemptions and
					 deductions for medical expenses as are actually taken by the taxpayers, plus
					 all other income of household members who did not file an income tax return.
					 However, the term annual income shall not include Federal old age, survivors,
					 disability insurance benefits, or payments made to household members for the
					 care of foster children by governmental agencies.
(3) Commissioner shall mean the State
					 Commissioner of Housing and Community Renewal.
(4) Disabled person for the purposes of
					 Subpart 1727-8 of this Title shall mean a person who has an impairment which
					 results from anatomical, physiological, or psychological conditions, other than
					 addiction to alcohol, gambling, or any controlled substance, which is
					 demonstrable by medically acceptable clinical and laboratory diagnostic
					 techniques, and which are expected to be permanent and which substantially
					 limit one or more of such person's major life activities. It shall otherwise be
					 given that definition used in the Federal, State or local fair housing,
					 anti-discrimination or other law which may be applicable.
(5) Division shall mean the New York State
					 Division of Housing and Community Renewal.
(6) Dwelling unit shall mean a room or rooms,
					 with or without cooking facilities, arranged for occupancy as a self-contained
					 unit. Dwelling unit may also be referred to as an apartment.
(7) Family member shall mean a spouse, son,
					 daughter, stepson, stepdaughter, father, mother, stepfather, stepmother,
					 brother, or sister, grandfather, grandmother, grandson, granddaughter,
					 daughter-in-law, son-in-law, mother-in-law or father-in-law of the tenant.
					 Family member may also mean any other person residing with the tenant or
					 cooperator in the dwelling unit as a primary or principal residence, who can
					 prove emotional and financial commitment and interdependence between such
					 person and the tenant or cooperator. Although no single factor shall be solely
					 determinative, evidence which is to be considered in determining whether such
					 emotional and financial commitment and interdependence existed shall be the
					 income affidavit filed by the tenant for the dwelling unit and other evidence
					 which may include, without limitation, the following factors:
(i) longevity of the relationship;
(ii) sharing of or relying upon each other
					 for payment of household or family expenses, and/or other common necessities of
					 life;
(iii) intermingling of
					 finances as evidenced by, among other things, joint ownership of bank accounts,
					 personal and real property, credit cards, loan obligations, sharing a household
					 budget for purposes of receiving government benefits, etc.;
(iv) engaging in family-type activities by
					 jointly attending family functions, holidays and celebrations, social and
					 recreational activities, etc.;
(v)
					 formalizing of legal obligations, intentions, and responsibilities to each
					 other by such means as executing wills naming each other as executor and/or
					 beneficiary, granting each other a power of attorney and/or conferring upon
					 each other authority to make health care decisions each for the other, entering
					 into a personal relationship contract, making a domestic partnership
					 declaration, or serving as a representative payee for purposes of public
					 benefits, etc.;
(vi) holding
					 themselves out as family members to other family members, friends, members of
					 the community or religious institutions, or society in general, through their
					 works or actions;
(vii) regularly
					 performing family functions, such as caring for each other or each other's
					 extended family members, and/or relying upon each other for daily family
					 services; and
(viii) engaging in
					 any other pattern of behavior, agreement, or other action which evidences the
					 intention of creating a long-term, emotionally committed relationship. In no
					 event would evidence of a sexual relationship between such persons be required
					 or considered.
(8)
					 Household shall mean all persons living in the apartment.
(9) Housing company shall mean:
(i) a limited profit housing company duly
					 incorporated pursuant to the provisions of article 2 of the Private Housing
					 Finance Law, or a company incorporated pursuant to the Not-for-Profit
					 Corporation Law and article 2 of the Private Housing Finance Law for the
					 purpose of providing housing and auxiliary facilities for staff members,
					 employees or students of a college, university or hospital and their immediate
					 families or for senior citizens and disabled persons of low income, pursuant to
					 article 2 of the Private Housing Finance Law; or
(ii) a limited dividend housing company duly
					 incorporated pursuant to the provisions of article 4 of the Private Housing
					 Finance Law.
(10) Mutual
					 company (cooperative) shall mean:
(i) a
					 limited profit housing company in which at least 80 percent of the dwelling
					 units are occupied by households who are entitled to such occupancy by reason
					 of ownership of shares in such company or, if it was not a mutual company prior
					 to July 1, 1995, a limited profit housing company in which at least 50 percent
					 of the dwelling units are occupied by such households; or
(ii) a limited dividend housing company which
					 is operated exclusively for the benefit of such households.
(11) Municipality and municipal
					 corporation shall mean a city, town or village.
(12) Municipally-aided project shall mean a
					 limited profit housing company project aided by a municipal mortgage loan or
					 tax exemption or both and not aided by any State mortgage loan or loan by the
					 New York State Housing Finance Agency.
(13) Primary residence shall mean the
					 dwelling unit in which the person actually resides, maintains a permanent and
					 continuous physical presence and otherwise fulfills the requirements identified
					 in section 1727-8.2(a)(2) of
					 this Title.
(14) Senior citizen
					 shall mean a person who is 62 years of age or older.
(15) State shall mean the State of New
					 York.
(16) State-aided project
					 shall mean any limited profit housing company project authorized pursuant to
					 article 2 of the Private Housing Finance Law other than a municipally-aided
					 project, and shall be deemed to include a project aided by a loan from the New
					 York State Housing Finance Agency.
(17) State Housing Finance Agency shall mean
					 the New York State Housing Finance Agency, a corporate governmental agency
					 created pursuant to article 3 of the Private Housing Finance Law.
(18) Supervising agency shall mean the
					 comptroller in a municipality having a comptroller; in a municipality having no
					 comptroller, the chief fiscal officer of such municipality, except that in the
					 City of New York it shall be the Department of Housing Preservation and
					 Development.
(19) Surcharge rent
					 shall mean the rent graduations established above admission rent based on
					 income.
(20) Tenant or cooperator
					 shall mean any person or persons named on a lease as lessee or lessees or who
					 is or are a party or parties to a rental agreement and obligated to pay rent or
					 carrying charges for the use or occupancy of a dwelling unit.