§ 3-03 Tenant Income Limitations, Surcharges and Applicability of Federal § 8 Subsidy to Tenant / Cooperators in Residence.
RCNY § 3-03
(a)Income limitations.
(1)The dwellings in a rental development shall be available for persons or families whose probable aggregate annual income at the time of admission and during the period of occupancy does not exceed the greater of (i) the median income for such persons or families for the New York City metropolitan statistical area or (ii) seven times the annual rental, including the value or cost of heat, light, water and cooking fuel, except that in the case of families with three or more dependents, such ratio shall not exceed eight times the annual rental.
(2)"Probable aggregate annual income" shall mean the total income of the chief wage earner as verified in accordance with 28 RCNY § 3-02(l), plus the total income of each other member of the household, excluding therefrom (i) the income of each additional wage earner up to $20,000 or such amount as determined by State law, and (ii) such personal exemptions and deductions for medical expenses as are actually taken by each tax paying occupant on the New York State tax return. However, the income of a household member, under 21 years of age, who is a full time student shall not be included in the computation of such annual income.
(3)Subject to the conditions contained in paragraphs (1) and (2) supra, in determining the eligibility of tenant / cooperators in a mutual housing company development, there may be added to the total annual carrying charges an amount equal to six per cent of the original investment of a person or family in the equity obligations of such mutual housing company and where same is not included in the carrying charges payable to the mutual housing company, the value or cost to the tenant / cooperator of: (i) heat, light, water and cooking fuel (ii) the cost of repainting, upon the basis of $45 per room per year and (iii) the cost of replacement of fixtures and appliances upon the basis of $10 per room per year.
(4)Notwithstanding other applicable provisions, families with two or more dependents whose probable aggregate annual income does not exceed one hundred twenty-five percent of the limitations as to income as determined pursuant to paragraphs (1) and (2) of this subdivision (a), shall also be eligible for admission to the dwelling of a project provided that any family becoming eligible for admission by reason hereof shall pay, from the time of admission, a rental surcharge as provided for in subdivision (b) of this section, computed on the basis of the income limitations applicable to such family in the absence of this provision.
(b)Surcharges. In the event that the aggregate annual income of all occupants of a dwelling unit shall exceed the maximum above set forth, the tenant or cooperator shall be required to pay a surcharge based upon the following schedule: Schedule of Surcharges Income Percent of Basic Rent Constituting Surcharge Up to 100 percent of maximum income limitNone From 100 percent and up to 105 percent of maximum income limitNone From 105 percent and up to 110 percent of maximum income limit5 From 110 percent and up to 115 percent of maximum income limit10 From 115 percent and up to 120 percent of maximum income limit15 From 120 percent and up to 125 percent of maximum income limit20 From 125 percent and up to 130 percent of maximum income limit25 From 130 percent and up to 135 percent of maximum income limit30 From 135 percent and up to 140 percent of maximum income limit35 From 140 percent and up to 145 percent of maximum income limit40 From 145 percent and up to 150 percent of maximum income limit45 From 150 percent and over50 (c) Surcharge procedures.
(5)A housing company or its designee is required to collect all surcharges computed on the basis of income received by all individuals in occupancy.
(d)General requirements.
(6)Tenant / cooperators and other occupants shall be required by HPD to furnish certified copies of their IRS and New York State income tax returns. The cost for the certified report is to be borne by the tenant / cooperator.
(e)[Reserved.] (f) Interim changes in income.
(g)Applicability of federal § 8 subsidy to tenant / cooperators in residence. Pursuant to § 31, subdivision 10 of the Private Housing Finance Law, a housing company shall accept federal reimbursement under § 8 of the Housing and Community Development Act of 1974, as amended, in lieu of such amount of rent/carrying charge payment for a person qualifying under such act. A housing company shall not reject an applicant for an apartment solely on the basis that all or part of the rent/carrying charges shall be paid under § 8 of the Housing and Community Development Act of 1974, as amended. (Amended City Record 7/13/2016, eff. 8/12/2016; amended City Record 6/20/2023, eff. 7/20/2023)
