§ 10-03 Initial Eligibility, Application and Approval for City Residents Who Are Not in an HRA or DHS Shelter or Street Homeless.
RCNY § 10-03
(a)A household that is not street homeless or in an HRA or DHS shelter must meet the following requirements to be eligible for an initial year of CityFHEPS rental assistance under this subchapter: (1) Except as provided in 68 RCNY § 10-03(a)(6)(D), the household must have total gross income that does not exceed 200 percent of the FPL.
(2)If the household is not currently in receipt of PA, the household must apply for any assistance available under Part 352 of Title 18 of the New York Codes, Rules and Regulations.
(3)All members of the household who are eligible for PA must be in receipt of PA and in compliance with PA requirements.
(4)If a household is potentially eligible for any federal or State housing benefits, including Section 8 or the HRA HOME TBRA Program described in 68 RCNY Ch. 9, at HRA's request, the household may be required to apply for such benefits and accept them if offered.
(5)The household must not be eligible for FHEPS and, unless it meets the requirements of 68 RCNY § 10-08(d), must not have previously received CityFHEPS rental assistance.
(6)The household must satisfy any of the criteria below: (A) The household has been determined by the Commissioner to be at risk of homelessness and includes a veteran. (B) Within the last twelve months, the household was evicted from or lived in a residence within the City of New York that was or is the subject of an eviction proceeding or, during such time as the eviction proceeding requirement for State FHEPS is waived by the New York State Office of Temporary and Disability Assistance, resided or resides within the City of New York and was or is the subject of a written rent demand as described in Section 711(2) of the New York Real Property Actions and Proceedings Law and submits to DSS a declaration of financial hardship in a form and manner specified by DSS, or was evicted from or lived in a residence within the City of New York that the household was or is required to vacate as a result of an order issued by a City agency or a foreclosure action, or for health and safety reasons as determined by a City agency other than reasons that would make the household eligible for shelter under Section 452.9 of Title 18 of the New York Codes, Rules and Regulations; and the household: (i) is in receipt of Adult Protective Services under Section 473 of the New York Social Services Law or a community guardianship program under Section 473-d of the New York Social Services Law; (ii) will be using CityFHEPS to preserve a rent-controlled apartment; or (iii) has previously resided in a DHS shelter. (C) The household includes an individual who has been referred by a City agency through a CityFHEPS qualifying program and the Commissioner has determined that due to the particular circumstances of the household, CityFHEPS rental assistance is needed to avert entry to a DHS shelter. (D) The household's total gross income does not exceed 80 percent of the AMI, and the household has been referred for a shopping letter pursuant to 68 RCNY § 10-21. (E) The household is currently in receipt of LINC VI or Pathway Home and meets the criteria set forth in 68 RCNY § 10-04(a)(8)(A) or 68 RCNY § 10-04(a)(8)(B)(i).
(7)The household must have a lease, other agreement, or regulatory right to rent, for at least one year, a residence in New York City or within New York State that has passed a safety and habitability assessment. The rent for the unit must be reasonable in comparison to other comparable units in the area where the unit is located and must not exceed the maximum monthly rent, and the household must be protected from rent increases for at least a year, except that if the unit is subject to government regulations with respect to allowable rents, rent increases authorized under the applicable government regulations will be permitted midyear. If a household includes a person younger than eighteen years of age, the lease or other rental agreement must be for an apartment.
(b)Applications must be submitted on a form and in a format established by HRA.
(c)At the time of approval, HRA will calculate the household's CityFHEPS rental assistance payments pursuant to 68 RCNY § 10-06 or 68 RCNY § 10-07, as applicable. Except as provided in 68 RCNY § 10-09, the CityFHEPS rental assistance payments will not change until renewal, regardless of changes in household composition, income, the maximum monthly rents, or the actual rent for the CityFHEPS unit. (Added City Record 9/28/2018, eff. 10/28/2018; amended City Record 2/7/2020, eff. 2/7/2020; amended City Record 10/28/2021, eff. 11/28/2021; amended City Record 10/6/2023, eff. 10/6/2023; amended City Record 2/5/2024, eff. 2/5/2024)
