§ 5-06 Landlord Requirements.
RCNY § 5-06
(a)Landlords participating in the SOTA program are subject to the following requirements: (1) The landlord must accept the HRA security voucher in lieu of a cash security deposit and not request any additional security from the household; (2) The landlord must not demand, request, or receive any amount above the rent or reasonable fees stipulated in the lease during the year that is covered by the SOTA grant.
(3)The landlord must deem SOTA payments that are issued by the last day of the month as timely payments towards the SOTA unit's rent for that month, regardless of any provisions in the lease to the contrary.
(4)During the year covered by the SOTA grant, the landlord must not move a household from the SOTA unit to another residence without prior written approval from both DSS and the household.
(5)During the year covered by the SOTA grant, the landlord must notify DSS within 5 business days of learning that the household no longer resides in the SOTA unit.
(6)During the year covered by the SOTA grant, the landlord must notify DSS within 5 business days if any legal proceeding affecting the household's tenancy is commenced; (7) During year covered by the SOTA grant, the landlord must notify DSS as soon as reasonably practicable if ownership or management of the SOTA unit is changing; (8) The landlord must return any payments from the SOTA Program to DSS for any period that the household was not residing in the SOTA unit; (9) The landlord must promptly report and return to DSS any overpayments of rent, including, but not limited to overpayments caused by inaccurate information provided to DSS, or changes in ownership, payee, or management.
(10)The landlord must notify DSS within 5 business days of learning that the household has permanently left or plans to permanently leave the SOTA unit during the year covered by the SOTA grant and return any payments from HRA for any period of time the household was not residing in the unit.
(11)Landlords must comply with all applicable Building and Housing Code standards and ensure that the SOTA unit is habitable at the time of rental and during the year covered by the SOTA grant.
(12)If the SOTA unit is an individual room in an apartment or single family dwelling in New York City, utilities must be included in the rent.
(13)The landlord of the unit may not be the spouse, domestic partner, parent, child, step-parent, step-child, grandparent, grandchild, step-parent, stepchild, sister or brother, step-brother or step-sister of any member of the household. This requirement may be waived for good cause.
(b)Prior to approval of a SOTA application, the landlord of the unit towards which SOTA grants will be applied must agree to the requirements in subdivision (a) of this section, must disclose if they have with respect to any household member any of the familial relationships specified in 31 RCNY § 5-06(a)(13) and must certify that the unit is currently habitable and in compliance with applicable housing and building codes. These agreements, disclosures and representations shall be made on a form to be provided by DHS that indicates that failure to provide true and accurate statements is punishable as a Class A Misdemeanor pursuant to Section 175.30 of the New York Penal Law.
(c)Landlords may be banned from participation in City rental assistance programs for violations of any of the landlord requirements. Before placing a landlord on a disqualification list, DSS will provide notice to the landlord and an opportunity for the landlord to object in writing. Landlords who fail to comply with applicable Building and Housing Code standards during the year covered by the SOTA grant may be subject to the withholding procedures set forth in 31 RCNY § 5-07. (Added City Record 8/6/2021, eff. 9/7/2021)
