§ 34-06 Rental Assistance.
RCNY § 34-06
(a)HPD will assist eligible Tenants in applying for existing rental assistance programs during the period of the Building's participation in the Program. HPD will provide Tenants with applications for § 8 of the United States Housing Act of 1973, as amended, and senior citizen rent increase exemptions, advise Tenants which rental assistance program is most suitable for their individual needs, assist Tenants in completing rental assistance applications, and forward all necessary documentation to the appropriate authority for final review and processing.
(b)Each Tenant who applies for rental assistance is solely responsible for supplying all required documentation and materials necessary to process an application: i.e., attending required interviews with the authority responsible for determining a Tenant's eligibility for rental assistance, providing the necessary income certification and complying with all procedures to process an application.
(c)HPD shall review all applications for rental assistance and make a preliminary determination of a Tenant's eligibility within sixty (60) days of receipt of a completed application. HPD shall promptly notify the Tenant Association and/or HDFC of all applicants for rental assistance and shall forward to the Tenant Association and/or HDFC copies of the applications, letters granting or denying rental assistance, Interim Payment Agreements entered into, and letters extending or terminating Interim Payment Agreements. Upon a finding of preliminary eligibility, HPD will provide the Tenant with an Interim Payment Agreement, which shall be signed by the Tenant, the Tenant Association and/or HDFC, and HPD, before it becomes effective. This Interim Payment Agreement shall include: (1) the amount of the increased rent for the apartment; (2) the amount of rent that the Tenant must pay pending the final determination of the rental assistance application; (3) a statement of the grounds for termination pursuant to subdivision (e) of this section; and (4) notice to the Tenant that s(he) remains liable for the full amount of the rent retroactive to the effective date of the increase if, at any time, the rental assistance application is denied by HPD or the Interim Payment Agreement is terminated pursuant to paragraphs one, three or four of subdivision (e) of this section, provided, however, that if the Interim Payment Agreement is terminated pursuant to paragraph one of subdivision (e) of this section, the Tenant shall not be liable for the full amount of the rent increase retroactive to its effective date if s(he) notifies HPD within thirty (30) days of any change in household income which renders the Tenant ineligible for rental assistance.
(d)A Tenant who receives an Interim Payment Agreement will be required to pay the amount which s(he) would pay on a monthly basis if the rental assistance application is approved, or the rent charged prior to implementation of the rent increase, whichever is greater.
(e)The Interim Payment Agreement will terminate one year after the date of issuance or upon the earlier occurrence of any of the following: (1) any change in the Tenant's household income which renders the Tenant ineligible for rental assistance; or (2) any change in the rent charged by the City; or (3) failure by the Tenant to comply with any of the requirements necessary to process the application for rental assistance; or (4) failure by the Tenant to pay, within thirty (30) days of the date due, the rent payable under the Interim Payment Agreement pursuant to subdivision (d) of this section, unless payment of such rent is being withheld for lack of services which the Tenant has given written notice of to the Tenant Association and/or HDFC; or (5) receipt by Tenant of rental assistance pursuant to a rental assistance application filed in accordance with this section.
(f)HPD will permit any Tenant who has applied for rental assistance in accordance with subdivision (b) of this section and who has not been provided with an Interim Payment Agreement pursuant to subdivision (c) of this section, to pay a rent increase in stages of $10.00 per room per quarter.
