Chapter 10: Transfers

1. Overview

Residents are permitted to apply for a transfer to another apartment within their current development or to another development. Residents may apply for a transfer during any period of tenancy. Residents must choose a development or borough, as applicable, at the time they submit a transfer request.

Transfers may only be approved for reasons that comply with NYCHA policy. NYCHA does not transfer residents for reasons other than those prescribed in NYCHA policy. This chapter describes NYCHA’s transfer policy.

2. Key Acronyms

• • HUD: U.S. Department of Housing and Urban Development
  • NYCHA: New York City Housing Authority
  • NYPD: New York Police Department
  • VAWA: Violence Against Women Act

3. Types of Transfers

Transfers are either voluntary or mandatory.

1. 1. 1. Voluntary Transfers

NYCHA residents are permitted to apply for a transfer from one apartment to another. To do so, they must submit NYCHA Form 040.050, Transfer-Tenant Request for Transfer. This form can be submitted online via NYCHA Self-Service Portal or in person at their property management office. If additional information is needed for NYCHA to make a decision on a resident transfer request, NYCHA will mail the resident NYCHA Form 040.050A, Additional Information Request. NYCHA will inform the resident of the decision on their transfer request in writing via NYCHA Form 040.050B, Transfer Request Determination.

1. 1. 2. Mandatory Transfers

Some transfers are required by NYCHA. The resident is informed by NYCHA of the reason the transfer is required. NYCHA explains the transfer policy and procedure and asks the resident to complete a transfer request, including selecting where they want to transfer. If the resident does not complete the transfer request, NYCHA will initiate the transfer on behalf of the resident. If NYCHA initiates the transfer on behalf of the resident, the request is automatically assigned for a transfer within the development where they are currently living (i.e., intra-development). When NYCHA approves the transfer request, the transfer process begins, and the resident will be notified.

Mandatory transfers occur if:

• • • Resident resides in an uninhabitable apartment;
    • Resident lives in an extremely underoccupied or soon to be extremely under-occupied apartment (one with two or more rooms in excess of what is needed for household size based on NYCHA’s occupancy standards) and is required to move to a properly sized apartment due to a Termination of Tenancy process, stipulation of settlement, or Hearing Officer decision; or
    • Resident must move due to development renovation, development use, or a special purpose program; or
    • Resident lives in an elderly development and is no longer qualified to reside in an elderly development; or
    • Resident lives in an extremely underoccupied apartment (an apartment with two or more rooms in excess of what is needed for household size based on NYCHA’s occupancy standards).

All other transfers are voluntary, for example reasonable accommodations and VAWA related transfers.

4. Transfer Reasons and Priorities

Transferees will be placed on a borough or development waiting list along with applicants, and selected for an apartment based upon assigned priority, date the transfer request is certified, and the size and type of apartment they require, all according to the selection rules described in this section. Refer to Chapter 4, Waiting List Management, for more information. Among all transfer categories, NYCHA selects intra-development transfers of equal priority by certification date before inter-development transfers eligible for that apartment size.

The priority transfers described below are ranked from highest to lowest. T0 transfers have priority over all other transfers and new applicants on the certified waiting lists.

1. 1. 1. First Priority

PRIORITY CODE	FIRST PRIORITY TRANSFERS
T0-A	Residents whose apartments have become uninhabitable. NYCHA determines expeditious relocation is required to address health, safety, or environmental concerns in the unit, building or development, which may include construction to address these concerns. NYCHA will assign the tenant a suitable vacancy to accomplish the relocation as expeditiously as possible.

1. 1. 2. Second Priority

PRIORITY CODE	SECOND PRIORITY TRANSFERS
T0-E	Residents residing in apartments that are under-occupied or soon to be under-occupied are required to move to a properly sized apartment pursuant to a Termination of Tenancy proceeding stipulation of settlement or Hearing Officer decision.

1. 1. 3. Third Priority

The priorities described below are equal in rank.

PRIORITY CODE	THIRD PRIORITY TRANSFERS (equal in rank)
T0-C	Tenants of the affected public housing development or building who were required by NYCHA to relocate due to renovation; health, safety, or environmental concerns; or uninhabitable conditions, and who wish to accept NYCHA’s offer of return to the development, building, or unit from which they were relocated once the renovations or repairs are complete. When NYCHA notifies the tenant that the development, building, or unit is ready to be reoccupied, the tenant must respond within the applicable timeframe NYCHA specifies, to qualify for this transfer.
T0-D	Residents relocated for development, building, unit, or other renovation repair; development, building, unit, or other use; or due to the requirements of a special program use
T0-G	Residents in need of continuing health and medical care where a specific health care provider or facility is not within 60 minutes travel time from the current development.
T0-H	Residents in need of continuing home health care which no household member can provide and that is not available within 60 minutes travel time from the development.
T0-I	Residents in need of an extra bedroom to accommodate a person with a medical condition that requires the use of a hospital bed or accommodates the mental condition of a household member.
T0-J	Residents with disabilities who live in a non-elevator building who wish to move to any floor of an elevator building.
T0-K	Residents with disabilities who wish to move to first or second floor apartments in either an elevator or a non-elevator building. These residents may choose their current development or the borough in which they wish to live.
T0-L	Residents who qualify for and request an accessible apartment. These transferees may choose their current development if the development has accessible apartments of appropriate size for the family, a development designated as vacancies from a list NYCHA provides, or a borough in which they wish to live.
T0-M	Residents with disabilities who request a transfer based on reasonable accommodation. The transfer options vary based on the circumstances of the transfer request.

1. 1. 4. All Other Applicants and Transferees 

After filling vacant apartments with residents with first, second, and third transfer priorities as defined above, where there are no referrals remaining, NYCHA offers vacant apartments to other transferees and applicants on the waiting lists, who fall into the five categories listed below. Of these five categories, three are for other transferees and two are for applicants. NYCHA rotates among these five other transferee and applicant categories as defined in the table below when offering apartments. There are multiple priority codes within each of the five other transferee and applicant categories; these priority codes are also ranked in order of priority within each category.  

CATEGORY (equal in rank)	PRIORITY CODE (codes listed first have higher priority within the relevant category)	ALL OTHER TRANSFEREES AND APPLICANTS
1	T1-D T2-A	Residents in extremely under-occupied apartments. Residents in under-occupied apartments.
2	T3-A   T4-A	Residents in extremely overcrowded apartments. Residents in overcrowded apartments. Overcrowded is defined as more people living in an apartment than NYCHA’s occupancy standards state (refer to Chapter 5(c), Occupancy Standards)
3	T1-F   T2-B,C,G   T2-H     T2-I   T3-B   T3-H   T4-B   T4-C	Transferees other than the two categories above, including: Residents living in a building/development for the elderly and who are no longer qualified to reside in a building/development for the elderly. Emergency transferees described in section (e) below. Residents residing in an apartment in which a household member died. The transfer request must be submitted no later than six calendar months after the death. Residents referred by the NYC Administration for Children’s Services for the purpose of family unification. The family has a child(ren) (natural or adopted) in foster care and needs a larger apartment before the child(ren) is released to the family. Residents with long-term friction with neighbors. Residents willing to provide continuing home aid to a relative in a different development which NO member of the relative's household can provide, and that is not within 60 minutes travel time from the resident’s development. Residents required to travel to work more than 90 minutes due to a change in work location. Residents living in a general population development who wish to move to an elderly development/building.

Refer to Chapter 4, Waiting List Management, for more information on Working Family and Need Based applicant preferences and priorities.

5. Emergency Transfers

NYCHA’s Emergency Transfer Program allows residents (lessee, co-lessee, and authorized household members) to apply for an emergency transfer if they believe they, or other individuals covered under the definitions below, qualify under one of the four emergency transfer categories:

• • • Victim under the Violence Against Women Act (VAWA): victim of domestic violence, dating violence, sexual assault, or stalking;
    • Intimidated Witness;
    • Intimidated Victim; or
    • Victim of a Traumatic Incident.

Refer to Chapter 2(g), Violence Against Women Act (VAWA), for more information on VAWA. Refer to this chapter, Section (d)(iv) All Other Applicants and Transferees, for information on priority ranking of emergency transfers.

This section outlines NYCHA’s eligibility criteria, documentation requirements, and procedures for processing emergency transfer requests for each emergency transfer category:

1. 1. 1. Victim under Violence Against Women Act (VAWA): victim of domestic violence, dating violence, sexual assault, or stalking

The resident (lessee or co-lessee), an authorized household member, or an affiliated individual qualifies as a victim under one of the following VAWA categories:

• • • Domestic Violence: Victim of a felony or misdemeanor crime of violence committed by a family member, current or former spouse or intimate partner, a person similarly situated to a spouse under New York’s domestic or family violence laws, or by a person against a victim protected under New York’s domestic or family violence laws;
    • Dating Violence: Victim of violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such relationship is to be determined based on length and type of relationship and frequency of interaction between the persons involved in the relationship;
    • Sexual Assault: Victim of any nonconsensual sexual act proscribed by federal, tribal, or State law, including when the victim lacks the capacity to consent; or
    • Stalking: Victim of a course of conduct directed at a specific person that would cause a reasonable person to fear for their individual safety or the safety of others or suffer substantial emotional distress.

A resident, authorized household member, or affiliated individual who meets any of the above definitions must also reasonably believe that they are threatened with imminent harm from further violence if they remain in their current apartment. This means the victim has reason to fear that if the victim does not receive a transfer the victim would suffer violence in the very near future.

Victims of sexual assault may also qualify if the sexual assault occurred on the premises of the property from which the resident is seeking to transfer, and that assault happened within the 90-calendar-day period before submission of a transfer request form. See Chapter 2(g)(ii)(4), Documentation for documentation required for VAWA protections to apply.

1. 1. 2. Intimidated Witness

To qualify for an emergency transfer as an Intimidated Witness, a resident or authorized household member must demonstrate that they meet one of the following definitions:

• • • Intimidated Witness – New York Police Department (NYPD) Referral: A resident or authorized household member is referred by, and cooperates with, the NYPD in the anticipated arrest and/or prosecution of an individual who committed a crime, and as a result of such cooperation:
      • The NYPD anticipates that the resident or authorized household member will suffer threat or physical injury once their cooperation with law enforcement becomes known to the perpetrator and/or the perpetrator’s associates;
      • The perpetrator or the perpetrator’s associates know where the resident or authorized household member lives; and
      • The NYPD anticipates that the resident or authorized household member will suffer if they continue to live in the current residence.

1. 1. 3. Intimidated Victim

To qualify for an emergency transfer as an Intimidated Victim, a resident or authorized household member must demonstrate that they meet the following definition:

• • • A resident or authorized household member who is the victim of a violent crime or the threat of a violent crime and such crime was committed in a non-random manner as a result of a relationship between the victim and the perpetrator, and as a result of such crime the victim suffered actual physical injury or the threat of injury against themself or immediate family, and the victim will continue to suffer if they continue to live in the current residence.
      • To be eligible, the victim must be referred by Safe Horizon and the crime must have occurred within 12 months of the submission date of the emergency transfer request.

A resident or authorized household member who meets any of the above standards must also reasonably believe that he or she is threatened with immediate harm from further violence if the resident remains in their current apartment. This means the victim has reason to fear that if they do not receive a transfer, they would suffer violence in the very near future.

1. 1. 4. Victim of a Traumatic Incident

To qualify for an emergency transfer as a Victim of a Traumatic Incident, a resident or authorized household member must demonstrate that they meet the following definition:

• • • A resident or authorized household member who is either the victim of a violent felony on development grounds or witnessed a violent felony committed against another household or family member on development grounds, and as a result of the violent felony suffered trauma and will continue to suffer if they continue to live in the current residence.

6. General Transfer Eligibility Requirements

1. 1. 1. Residency Period

Residents may request a transfer during any period of occupancy; however, residents who have previously requested a transfer request will not be considered for a transfer for one (1) year from the date the prior transfer request was closed, unless the new transfer request states a different need than the prior request.

1. 1. 2. Family Composition

When determining eligibility for transfers, NYCHA conducts a review of the household to confirm a resident has not been terminated or whether a warrant of eviction has been issued. The family composition is also reviewed to determine the transferring resident’s continued eligibility for an apartment size. If the family no longer meets the occupancy standard for the apartment they were originally selected for, NYCHA will determine if the applicant or transferee still qualifies for the apartment they were selected for or if they need to be moved to a different waitlist.

1. 1. 3. Criminal Background Checks

NYCHA does not require a Criminal Background Check when a resident requests a transfer to another apartment.

7. Requesting a Transfer

Transfer requests can be made online via NYCHA’s Self-Service Portal or a paper version can be requested and submitted in person to property management staff. For emergency transfers, residents must access and submit the appropriate transfer request form in-person at their property management office. Residents must submit the following forms, as appropriate:

• • • Transfer: NYCHA Form 040.050, Tenant Request for Transfer;
    • Intimidated Victim:
      • NYCHA Form 040.920, Emergency Transfer Request - Intimidated Victim,
      • NYCHA Form 040.920A, Tenant Consent Form for Intimidated Victims, or
      • NYCHA Form 040.920B, Emergency Transfer Information Sheet for Intimidated Victims;
    • Intimidated Witness:
      • NYCHA Form 040.921, Emergency Transfer Request - Intimidated Witness,
      • NYCHA Form 040.921A, Tenant Consent Form for Intimidated Witness, or
      • NYCHA Form 040.921B, Emergency Transfer Information Sheet for Intimidated Witness;
    • Victim of Traumatic Incident:
      • NYCHA Form 040.922, Emergency Transfer Request Form - Victims of Traumatic Incident,
      • NYCHA Form 040.922B, Victim of Traumatic Incident – Emergency Transfer Information and Emergency Transfer Request Form, or
      • NYCHA Form 088.165, Emergency Transfer – Victim of Traumatic Incident Mental Health Professional Verification Form;
    • VAWA Victim:
      • NYCHA Form 040.683, VAWA: Victim Certification - HUD Form No. 5382,
      • NYCHA Form 040.923, Emergency Transfer Request - VAWA Victims, or
      • NYCHA Form 040.923A, Emergency Transfer Information Sheet for VAWA Victims.

8. Documentation

Transfer requests must be accompanied by supporting documentation, as appropriate, for the transfer condition, e.g., letters from health care providers, social service agencies, police reports, and court documents.

9. Denial of Request

After review, NYCHA may deny a transfer request for any of the following reasons:

• • • The reason for the transfer does not correspond with any of the priorities/reasons for transfer included in NYCHA’s policy. Refer to Section (d) of this Chapter, Transfer Reasons and Priorities, for more information.
    • The resident failed to provide additional information requested to verify the need for transfer.
    • The number of rooms needed by the household cannot be determined due to unverified household composition.
    • The tenancy ended (the sole resident or both the head of household and co-head of the household either moved out of the apartment or died).
    • The household composition is uncertain because of:
      • A pending or ongoing request to permanently add a household member;
      • A household member of the originating development moved out, or indicated that they do not plan to transfer with the rest of the family; or
      • An unauthorized occupant is living in the apartment at the originating development.
    • Housing Court proceedings:
      • A warrant of eviction against the resident issued from the court;
      • The resident was evicted from the apartment; or
      • A Bawdy House proceeding was commenced for use of the apartment for lewd purposes, prostitution, or for any illegal trade or manufacture, or other illegal business.
    • Administrative termination of tenancy proceeding is pending or there is an ongoing termination of tenancy action against the resident for:
      • Failing to occupy the apartment;
      • Subletting the apartment;
      • Transfer of possession of the apartment; or
      • Non-desirability.
    • Administrative termination of tenancy proceeding has been completed and:
      • The Hearing Officer issued a decision terminating the tenancy; or
      • The NYCHA secretary issued a Determination of Status terminating the tenancy.
    • The transfer request was withdrawn by the resident.

If the transfer request is denied, NYCHA will notify the resident in writing via NYCHA Form 040.050B, Transfer Request Determination, informing them of their right to request a grievance in accordance with NYCHA’s grievance procedure. Refer to Chapter 12, Grievances for more information.

10. Apartment Offer

Transferees on a borough-wide or NYCHA-wide waiting list will be offered up to two (2) apartments of proper size for the family composition.

Transferees who may choose a development (except transferees for accessible apartments) will be offered one apartment of proper size for the family composition.

Transferees requesting accessible apartments will be offered two properly sized apartments regardless of whether the transferees are on the borough or development waiting list.

Transferees eligible for an emergency transfer as a victim of domestic violence may reject both offers if they believe these locations would be unsafe, provided they submit a reasonable written explanation as to why both offers were unsafe.

If a resident requests a Transfer to a 504 Apartment or a Non-504 Apartment in an Accessible Building, and the resident is selected for a Non-Accessible Building, the resident will be restored to the waiting list for their requested development or borough and type of apartment, in the same position as if the resident had not been selected for a Non-Accessible Building, and with their original Certification Date.

For more information on apartment offers, refer to Chapter 5, Resident Selection and Apartment Offers for more information.

11. Security Deposit and Rental Fees at Transfer

The security deposit from the old apartment will be transferred to the new apartment. A resident who transfers to another NYCHA apartment must pay the difference between the existing security deposit paid on the old apartment, if any, and a full month’s rent in the new apartment.

12. Split Household

The entire household must transfer to the new apartment. The household will not be split to occupy two apartments. Exceptions include VAWA transfers, and bifurcation of the lease as outlined in Chapter 2, Fair Housing and Equal Opportunity.

13. Leasing the New Apartment

Households transferring to a new apartment will be required to sign a new lease. Refer to Chapter 6, Leasing, for more information.

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