§ 9-14 Additional Provisions.
RCNY § 9-14
(a)Applicants and program participants must: (1) provide accurate, complete and current information on household income and household composition; and (2) furnish documentation to verify information needed to determine eligibility and the HRA HOME TBRA rental assistance amount.
(b)Prior to executing a lease, applicant households not currently in receipt of Public Assistance must apply for any assistance available under Part 352 of Title 18 of the New York Code of Rules and Regulations that HRA has determined the household may be eligible for.
(c)Households must report an absence of the household from the assisted unit, as well as the absence of any individual household member, that is expected to last more than 90 days and, where practicable, receive prior approval for the absence.
(d)A guest shall not reside in an assisted unit for more than 90 days during a year unless such guest is added to the household as a member. To add such guest as a member of the household, the program participant must notify HRA of the change in household composition, and HRA shall conduct an interim recertification pursuant to subdivisions (b) and (c) of 68 RCNY § 9-07. If a household does not seek to add a guest as a member of the household, HRA may ask the household to provide verification that the guest is not residing permanently in the assisted unit.
(e)An applicant household does not have any right or entitlement to have its application selected for review, to be listed on the HRA HOME TBRA waitlist, to any particular position on such waitlist, or to selection for participation in HRA HOME TBRA. The preceding sentence does not affect or prejudice any right, independent of this chapter, to bring a judicial action challenging a violation of a constitutional or statutory requirement.
(f)Applicants and household members must disclose and verify social security numbers in accordance with Section 5.216 of Title 24 of the Code of Federal Regulations, execute consent forms in accordance with Section 5.230 of such title, and complete and provide all other forms required by law.
(g)Rental assistance provided under the HRA HOME TBRA Program cannot be combined with any other rent subsidies other than a public assistance shelter allowance provided pursuant to Section 352.3 of Title 18 of the New York Codes, Rules and Regulations, except with the prior approval of HRA on a case-by-case basis.
(h)Applicant households are responsible for identifying potential housing. However, shelter staff may provide assistance to such households in their housing search.
(i)A landlord who signs a lease with a household participating in HRA HOME TBRA is prohibited from demanding, requesting, or receiving any amount above the rent or fees as stipulated in the lease agreement regardless of any changes in household composition, except that a landlord may charge fees customarily charged in rental housing in accordance with Section 92.214(b)(3) of Title 24 of the Code of Federal Regulations subject to prior approval from HRA. Except as provided in the preceding sentence, a landlord who demands, requests or receives any amount above what is set forth in the lease will be barred from further participation in any HRA rental assistance programs and may be barred from other rental assistance programs administered by the City of New York. Before placing a landlord on a disqualification list, HRA will provide notice to the landlord and an opportunity for the landlord to object in writing.
(j)If a program participant moves or is evicted from an assisted unit, the landlord must return any over-payment to HRA except as otherwise provided in 68 RCNY § 9-10.
(k)In the event of the death of the sole member of a household participating in HRA HOME TBRA, HRA HOME TBRA assistance cannot be transferred and will be terminated. (Added City Record 11/30/2015, eff. 12/30/2015)
