§ 10-08 Renewals and Restorations.
RCNY § 10-08
(a)Subject to the availability of funding, except as provided in 68 RCNY § 10-11, a household receiving CityFHEPS rental assistance under this subchapter will receive four annual renewals of such assistance if it meets the following continued eligibility requirements: (1) The household's total gross income does not exceed 80 percent of the AMI; (2) The household is in substantial compliance with program requirements; and (3) The household continues to reside in the CityFHEPS unit for which it was initially approved, or the Commissioner has approved a move to a new unit pursuant to 68 RCNY § 10-10.
(b)Where a household is not in substantial compliance with program requirements, the Commissioner in the exercise of discretion may renew the household's participation in the CityFHEPS Program if the household establishes good cause for failure to comply with program requirements, consistent with Section 351.26 of Title 18 of the New York Codes, Rules and Regulations.
(c)Subject to the availability of funding, households receiving CityFHEPS rental assistance will continue to receive additional annual renewals after their fifth year in the CityFHEPS Program if they continue to meet the requirements of 68 RCNY § 10-08(a) and if, at the time of renewal, one of the following criteria is met: (1) The household includes a member who is 60 years of age or older.
(2)The household includes a member who: (A) receives federal disability benefits; or (B) receives a recurring monthly PA grant and has been determined by the Commissioner to be potentially eligible for federal disability benefits based on their own documented disability.
(3)There is good cause for renewal as long as the household maintains eligibility. Absent extraordinary circumstances, renewals will not be available under this paragraph to households who have not complied with their obligations pursuant to 68 RCNY § 10-12(e). The Commissioner will consider the following factors in determining extraordinary circumstances: health and mental health challenges, DSS errors, effort to cure the error, or other circumstances beyond the control of the household.
(d)Subject to the availability of funding, if a household is not renewed for CityFHEPS under this subchapter, it may be restored within one year of termination if the household meets CityFHEPS renewal requirements under this subchapter at the time it applies for restoration. If more than one year has passed since termination, or if the household has been terminated from CityFHEPS under this subchapter after receiving CityFHEPS rental assistance for at least five years, the household may have its participation in CityFHEPS under this subchapter restored only for good cause.
(e)The Commissioner will determine a household's eligibility for renewal at the end of each year of the household's participation in the program under this subchapter, subject to the availability of funding. Prior to annual renewal, the Commissioner will recalculate 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 during the one-year renewal period, 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 10/28/2021, eff. 11/28/2021)
