Chapter 13: Community Service and Self-Sufficiency Requirements

1. Overview

This chapter describes NYCHA’s policy related to the federal requirement for certain residents to perform community service under HUD regulations in 24 CFR Part 960, Subpart F.

2. Key Acronyms

• • AOI: Affidavit of Income
  • CFR: Code of Federal Regulations
  • HRA: Human Resources Administration
  • NYCHA: New York City Housing Authority
  • SSD: Social Security Disability
  • SSI: Supplemental Security Income
  • USC: United States Code

3. Requirements of Program

Each adult NYCHA household member who is not otherwise exempt, is required by federal law to perform eight hours of Community Service per month or participate in an Economic Self-Sufficiency program for eight hours per month, totaling 96 hours per year (unless individually stated, both terms are referred to as “Community Service”). The Community Service provider must verify the household member’s performance of Community Service. Community Service hours may be performed on a flexible schedule as long as each household member has completed the total number of hours required by the yearly scheduled Annual Recertification. An excess of Community Service hours performed by a household member during any year may be carried over and applied to that specific household member's Community Service requirement during the next year. However, there is no carry-over of either hours served or hours when a household transfers to a new NYCHA apartment. A new requirement to perform eight hours per month begins after moving into the new apartment.

Satisfactory completion of the required service by all non-exempt household members is a mandatory condition for lease renewal and continued occupancy in public housing.

Household members required to perform Community Service are permitted to choose the method of Community Service that they prefer. They may choose from listings provided by NYCHA or identify other forms of service acceptable to NYCHA.

Community Service participants do not replace regular NYCHA employees and are not to perform work ordinarily performed by NYCHA employees.

NYCHA gives residents a written description of the service requirement, and of the process for claiming status as an exempt person and for NYCHA verification of such status.

4. Time Frame for Participation

Each household member who is required to perform Community Service must begin such services as follows:

1. 1. 1. Household Members who are on the Initial Lease

Beginning on the household’s first Lease Effective Date after move in.

1. 1. 2. Household Members who are Added as Permanent Members after the Initial Lease

Beginning on the household’s first Lease Effective Date after permanent permission is granted by NYCHA for the new household member to move into the apartment.

5. Economic Self-Sufficiency Program

A household member may satisfy Community Service requirements if they participate in an Economic Self-Sufficiency program. An Economic Self-Sufficiency program is defined by law as any program that is designed to encourage, assist, train, or facilitate the economic independence of its participants and their household. These programs include programs for job training, employment counseling, work placement, basic skills training, education, English proficiency, workfare, financial or household management, apprenticeship, and any program necessary to ready a participant for work (including a substance abuse or mental health treatment program). An Economic Self-Sufficiency program can also provide work for its participants.

6. Community Service Activities

Community Service is defined by law as the performance of voluntary work or duties that are a public benefit and that serve to improve the quality of life, enhance resident self-sufficiency, or increase resident responsibility in the community. Community Service is not employment and may not include political activities.

1. 1. 1. Providers of Community Service

Residents may choose to fulfill their Community Service requirement at an available provider located either within a NYCHA development or at a non-NYCHA Community Service provider. An individual may not be a Community Service provider.

The following lists examples of activities within a NYCHA development that NYCHA may consider as valid Community Service opportunities:

Resident Patrol Attendance at Resident Association meetings Resident Advisory Board Delegate – meeting attendance Resident Association President Resident Association Executive Board member

Attendance at meetings called by NYCHA Community Center / Senior Center volunteer NYCHA gardening program Resident sponsored community clean-up day

Alternatively, a resident may choose a non-NYCHA Community Service provider by consulting:

• • • The Mayor's Office - Voluntary Action Center - http://www.nyc.gov/volunteer
    • New York City Citizen Service Center by calling 311
    • The Volunteer Match database, http://www.volunteermatch.org

The resident may also choose a Community Service provider that is not on a database listed above, provided that permission is obtained from NYCHA prior to performance of Community Service.

7. Exemption from Requirements

1. 1. 1. Qualifying for an Exemption

A household member may qualify for an exemption, which will be verified per NYCHA policy.

An exempt individual is a person who:
Age	Is 62 years or older (permanent exemption);
Blindness and Disability	Is blind and certifies that due to the disability they are unable to participate in Community Service activities. As defined under 216(i)(1) or 1614 of the Social Security Act (42 USC 416(i)(1); 1382c), blindness is defined as central visual acuity of 20/200, or less, in the better eye with the use of a correcting lens. An eye that is accompanied by a limitation in the fields of vision, such that the widest diameter of the visual field subtends an angle no greater than 20 degrees, will be considered for the purposes of this paragraph as having a central visual acuity of 20/200 or less. Is disabled and certifies that due to the disability they are unable to participate in Community Service activities. As defined under 216(i)(1) or 1614 of the Social Security Act (42 USC 416(i)(1); 1382c), disability is defined as an inability to engage in any substantial gainful activity by reason of any medically determined physical or mental impairment that can be expected to result in death, or which has lasted, or can be expected to last, for a continuous period of not less than 12 calendar months. A pregnant person may also qualify as disabled if performing Community Service activities would cause any medically determined impairment or serious injury to the adult or unborn fetus. Household members in a health care facility, such as a hospital or nursing home, must verify their disability to be exempt from Community Service. Is receiving payments of either Supplemental Security Income (SSI) or Social Security Disability (SSD).
Caretaker	Is a primary caretaker of a public housing child or of a resident who is exempt from Community Service activities due to blindness, disability, or receipt of SSI or SSD as defined above. A primary caretaker must provide care for not less than 20 hours per week.
Educational Activity	Is enrolled in vocational educational training (available not more than one time per household member). Is engaged in job skills training directly related to employment, including attendance in a trade school. The individual might not be currently employed, but employment may be contingent on successful completion of job training. Is engaged in education directly related to employment if they do not have a high school diploma or a certificate of high school equivalency. The individual might not be currently employed, but employment may be contingent on successful completion of job training. Is enrolled in and has satisfactory attendance at a secondary school or higher. Is enrolled in and has satisfactory attendance in a course of study leading to a certificate of general equivalence, if they have not completed secondary school or received such a certificate.
Employment Activities	Is employed in a position that is unsubsidized, subsidized in the private sector, or that is unsubsidized in the public sector.
Public Assistance	Receives public assistance from Human Resources Administration (HRA)
Childcare	Childcare and participation in a non-Human Resources Administration (HRA) welfare program.

1. 1. 1. 1. Automatically Verified Exemptions

NYCHA regularly maintains resident data that qualifies a resident for certain exemptions. These data are limited to the exemption categories of age, employment activities, Supplemental Security Income (SSI) and Social Security Disability (SSD) income and public assistance from Human Resources Administration (HRA). Generally, a resident is not required to supply additional verification to qualify for any of these exemptions.

1. 1. 1. 2. Exemptions Not Automatically Verified

If NYCHA does not maintain data relating to an exemption, a resident must provide verification in order to qualify. The exemption categories that require resident supplied verification are blindness and disability (if not receiving SSI or SSD income), caretaker, educational activities, and childcare and participation in a non-HRA welfare program.

1. 1. 2. Effect of an Exemption

Since NYCHA reviews income, household composition, and Community Service status annually, once a resident submits proof of exempt status, additional proof of the exemption will generally not be required until the next year’s Annual Recertification. Once an exemption is permanent, no additional verification is required. The following describes the effect of an exemption:

1. 1. 1. 1. Exemption Verification During the Annual Recertification Process

The Annual Recertification period begins when NYCHA notifies residents that they must complete their Affidavit of Income for their Annual Recertification and ends the day before the Lease Effective Date (refer to chart below and Chapter 8, Recertifications and Continued Occupancy, for more details). For example: The 1st Quarter Annual Review period begins January 1st and ends April 30th.

• • • • Effect of exemption: Acceptable documents verifying an exemption submitted during this time exempts the resident for the entire month during which the exemption is submitted, for the remainder of the Annual Review period, and for the next upcoming one-year term of the Lease.

Annual Recertification Period	Annual Certification Review Dates	AOI Notification Sent to Residents	Annual Recertification and Lease Effective Date	Term of Lease
1st Quarter	1/1 - 12/31	1/1	5/1	5/1 - 4/30
2nd Quarter	4/1 - 3/31	4/1	8/1	8/1 - 7/31
3rd Quarter	7 - 6/30	7/1	11/1	11/1 - 10/31
4th Quarter	10/1 - 9/30	10/1	2/1	2/1 - 1/31

1. 1. 1. 2. Exemption Verification After the Annual Review Period

• • • • Effect of exemption: Acceptable documents verifying an exemption submitted during this time exempts the resident for the entire Lease term during which they are submitted.

NYCHA sends the resident NYCHA Form 040.659, Community Service Policy - Status Notice indicating whether their exemption is granted.

Verification of a permanent exemption exempts the resident from any future Community Service obligation.

Verification of any exemption cancels: 1) All past due balances of Community Service hours, and 2) Any pending Termination of Tenancy and related court action that may have commenced due to a resident’s prior non-compliance with the Community Service requirement.

If a household transfers to a new NYCHA apartment, exemptions verified in the old apartment do not automatically carry over to the new apartment, except for permanent exemptions. New verification for exemptions must be submitted while in the new apartment.

8. NYCHA Obligations

1. 1. 1. Verification of Service

Each household member who is required to perform Community Service must provide proof that they performed the required number of hours by submitting a completed NYCHA Form 040.565, Community Service Requirement Performance Verification Log, which will be reviewed by NYCHA during the Annual Recertification process. NYCHA must verify this compliance annually at least thirty (30) calendar days before the end of the twelve-month (12-month) lease term.

1. 1. 2. Resident Status Review

1. 1. 1. 1. Status Notice – Initial Mailing

NYCHA sends copies of the NYCHA Form 040.659, Community Service Policy - Status Notice, and a chart of Community Service Exemptions for Specific Individuals, to notify residents of their Community Service status when the Affidavit of Income (AOI) forms are sent.

Each household member identified as being required to perform Community Service must visit the Management Office for an explanation of Community Service requirements by development staff.

The Community Service Policy - Status Notice lists, for each household member, the following:

• • • • The current Community Service status, either as Exempt or Community Service Required, as of the date the Community Service Policy - Status Notice is printed;
      • The current number of Community Service hours due, as of the date the Community Service Policy - Status Notice is printed; and
      • The projected Community Service status, either as Exempt or To Be Determined for the next year.

1. 1. 1. 2. Status Interview

During an interview, NYCHA staff:

• • • • Reviews hours that are currently due – from the previous year(s) through the year ending with the Lease Effective Date. Household members who owe hours are instructed to complete them prior to the household’s Lease Effective Date;
      • Details the various exemption options or Community Service opportunities;
      • Provides necessary forms;
      • Explains that the household members’ monthly Community Service requirement starts on the household’s Lease Effective Date; and
      • Informs each household member whose projected status is “To Be Determined” of the need to perform Community Service during the upcoming Lease year (the year starting at the Lease Effective Date) unless the household member qualifies for an exemption.

1. 1. 1. 3. Status Notice – Secondary Mailing

If a household member does not respond to the initial notice an additional Community Service Policy - Status Notice is sent.

The Community Service Policy - Status Notice updates the Community Service status of each household member based on currently submitted Annual Recertification data and additional verified exemptions; informs household members who are required to perform Community Service that they must visit the Management Office (if they have not already done so) for an explanation of Community Service requirements; and informs household members of a right to a grievance if NYCHA does not accept the verification of their exemption. Refer to Section (J) of this Chapter, Grievance Remedy, for more information.

9. Failure to Comply

1. 1. 1. Non-Complying Household Members

NYCHA reviews available information quarterly to identify residents who are out of compliance with the Community Service requirements.

1. 1. 2. Notification to Household of Non-Compliance

Households receive NYCHA Form 040.571, Community Service: Determination of Non-Compliance, if any household member is deemed to be non-compliant with their Community Service requirement.

1. 1. 3. Household Compliance Options

NYCHA Form 040.571, Community Service: Determination of Non-Compliance describes various compliance options, outlining documents that must be submitted to NYCHA before the Lease Effective Date:

• • • Documentation verifying an exemption for the non-complying household member;
    • Documentation verifying that the non-complying household member performed the required number of Community Service hours;
    • Documentation verifying that the non-complying household member moved out of the household; or
    • NYCHA Form 040.571, Community Service: Determination of Non-Compliance, indicating that the non-complying household member agrees to perform the balance of Community Service hours due during the following Lease year. Both the lessee or co-lessee (if applicable) and non-complying household member (if different than the lessee) must sign the form. This option is only available if the balance owed until the Lease Effective Date does not exceed 96 hours.

1. 1. 4. Failure to Comply

If the household member failed to comply with one of the options listed above, they are not in compliance with the Community Service program requirements and are subject to possible termination of tenancy proceedings.

10. Grievance Remedy

1. 1. 1. Informal Grievance

At any time during the year, a household may seek a meeting with their Housing Assistant to review their Community Service obligation. If unsatisfied, the household is entitled to meet with the Housing Manager for review and clarification. Except as modified below, there is no further review either to the Borough Office or to the Office of Impartial Hearings.

1. 1. 2. Formal Grievance

A resident can request an administrative grievance commencing with the Housing Manager, and, if unsatisfied with the Housing Manager's determination, the resident can request a review to the Management Department and/or to the office of the Impartial Hearing Officer. The resident may request a grievance at either or both of the following occurrences, as applicable.

• • • After receipt of NYCHA Form 040.659, Community Service Policy - Status Notice that fails to recognize a resident as exempt from Community Service, provided that exemption verification documentation was previously submitted to the Housing Assistant.
    • After receipt of NYCHA Form 040.571, Community Service: Determination of Non-Compliance, to contest the determination of non-compliance.

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