NYC Rules of the City of New York

§ 9-08 — Calculating HRA HOME TBRA Rental Assistance Amount and Household Share of Rent.

Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC RCNY § 9-08?

Quick Answer

(a) Unit Size. (1) A household will be assigned a standard unit size, corresponding to the number of bedrooms needed for the household size, as set forth in the table below.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →
Effective: 12/30/2015

§ 9-08 Calculating HRA HOME TBRA Rental Assistance Amount and Household Share of Rent.

RCNY § 9-08

(a)Unit Size.

(1)A household will be assigned a standard unit size, corresponding to the number of bedrooms needed for the household size, as set forth in the table below. HRA shall assign such unit size at the time of coupon issuance and include it on the coupon issued to the household. Household SizeUnit Size1SRO/Studio213 or 425 or 637 or 849 or 10511 or 12613 or 147 (2) For purposes of determining unit size: (A) The household consists of all individuals who intend to reside in the assisted unit; (B) In the case of documented pregnancy by a household member, the unborn child is counted as a household member; (C) Any live-in aide approved by HRA to reside in the assisted unit to care for a household member who is disabled or 62 years of age or over is counted as a household member; (D) A child who resides in the assisted unit with his or her parent for at least 183 days of the year pursuant to a joint custody agreement or order is counted as a household member, provided that such parent is a household member; (E) A foster child who is placed and resides in the assisted unit for more than 183 days of the year is counted as a household member; and (F) Except as otherwise provided in this paragraph, an individual who is absent from the assisted unit for more than 90 consecutive days will not be counted as a household member unless such individual is absent due to hospitalization, military deployment, or other good cause as determined by HRA on a case-by-case basis, and is reasonably expected to return within 180 days. A household member who is away at school but intends to live with the household in the assisted unit during school recesses is considered a household member.

(3)If a household includes a household member with a disability, HRA may assign the household a higher unit size as a reasonable accommodation for such member.

(4)The household may lease an otherwise acceptable unit with fewer bedrooms than the assigned unit size provided the unit meets the applicable HQS space requirements.

(5)The household may lease an otherwise acceptable unit with more bedrooms than the assigned unit size.

(b)Rent Standard Amount.

(2)A household's rent standard amount shall be the HRA HOME TBRA rent standard amount established pursuant to paragraph (1) of this subdivision for the household's assigned unit size.

(c)The HRA HOME TBRA rental assistance amount paid on behalf of a household shall equal the household's gross rent minus the total household contribution calculated pursuant to subdivision (d) of this section.

(d)Income Contribution and Household Share of Rent.

(e)If a household includes a member who is ineligible for HRA HOME TBRA on the basis of immigration status in accordance with Section 1436a of Title 42 of the United States Code, the household's HRA HOME TBRA rental assistance amount will be prorated by multiplying the HRA HOME TBRA rental assistance amount as calculated in subdivision (c) of this section by a fraction, the denominator of which is the total number of household members and the numerator of which is the total number of household members who are not ineligible for HRA HOME TBRA on the basis of immigration status.

(f)Change in the HRA HOME TBRA Rent Standard Amount during the Coupon Term and Prior to Execution of the Rental Assistance Contract. If the HRA HOME TBRA rent standard amount for the household's assigned unit size is increased or decreased during the term of the coupon and prior to the execution of the Rental Assistance Contract, the new rent standard amount shall be used to calculate the HRA HOME TBRA rental assistance amount for the household.

(g)Change in the HRA HOME TBRA Rent Standard Amount During the Rental Assistance Contract Term.

Common Questions

Our team

Meet the people you will work with

Free case review

Talk to an attorney before you act on NYC code.

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters