Chapter 5: Resident Selection and Apartment Offers

1. Overview

Applicants will be listed in sequence based upon date and time the application is received, the size and type of apartment they require, and factors of preference or priority. Current residents who are transferring to a different NYCHA apartment (transferees) are also on these waiting lists with applicants. This Chapter focuses mostly on policies related to applicants. Refer to Chapter 10, Transfers, for more information on NYCHA’s transfer policy. In filling vacancies, NYCHA will offer the apartment to applicants using its Tenant Selection and Assignment Plan (TSAP) rotation system until the apartment is accepted. Below are NYCHA’s policies for resident selection and the number of apartment offers that will be made to applicants selected from the waiting list.

2. Key Acronyms

• • EIV: Enterprise Income Verification system
  • HUD: U.S. Department of Housing and Urban Development
  • NYCHA: New York City Housing Authority
  • TSAP: Tenant Selection and Assignment Plan

3. Occupancy Standards

NYCHA will use the following basic standards to determine appropriate apartment placement. However, household characteristics will be reviewed to identify any exceptions to these standards, such as special needs due to disabilities.

NYCHA OCCUPANCY STANDARDS FOR FAMILIES
Number of Rooms	Number of Bedrooms	Standard Occupancy (Number of People)	Overcrowded (Number of People)	Extremely Overcrowded (Number of People)	Underoccupied (Number of People)	Extremely Underoccupied (Number of People)
2	0	11 *	21	22, 3, or more	__	__
3	1	21	22, 3, or 4	4X, 5, or more	__	__
4	2	22, 3, or 4	4X, 5, or 6	7 or more	1, 21	__
5	3	4X or 5	6, 7, or 8	9 or more	22, 3, or fewer	1, 21
6	4	6, 7, or 8	9 or 10	11 or more	4X or 5	4 or fewer
7	5	9 or 10	11 or 12	13 or more	8	7 or fewer
8	6	11 or 12	13 or 14	15 or more	9 or 10	8 or fewer
9	7	13 or 14	15 or 16	17 or more	11 or 12	9 or fewer
10	8	15 or 16	17 or 18	19 or more	13 or 14	10 or fewer
11	8	17 or 18	19 or 20	21 or more	15 or 16	11 or fewer

1¹ *NOTES:

One person elderly family who is selecting an elderly development may select either a studio or one-bedroom apartment.

One person elderly family who is selecting a general population development can only select a studio apartment.

One person family who is selecting from the Guide to Vacancies – Accessible Apartments may select either a studio or one-bedroom apartment.

A one person tenant family currently residing in a studio apartment will not be offered a one-bedroom apartment except where the transfer request is to an elderly development, or to an accessible apartment.

2¹ Married couple, two persons registered as domestic partners, or a single adult with a child less than six years of age.

2² Two adults who are neither married nor registered as domestic partners or a single adult with a child of six years of age or more.

4X FAMILY:

1. Married couple or couple registered as domestic partners, with other family members being one male and one female who are neither married nor registered as domestic partners.
2. Three females, one male (e.g., mother, two daughters, one son; father with three daughters).
3. Three males, one female (e.g., mother with three sons; father, two sons, one daughter).

4. Order of Selection

When filling a vacant apartment, NYCHA selects the next transferee or applicant at the top of the appropriate waiting list for the size and type of apartment that is vacant according to the TSAP rotational system. Families are ranked in order of preference and priority, and date of application. Refer to Chapter 4(d), Local Preferences and Priorities, and to Chapter 10, Transfers, for more information.

5. Screening Checks

When an applicant is matched with an apartment vacancy, NYCHA conducts additional screening checks for criminal background and sex offender status. NYCHA also checks the Enterprise Income Verification (EIV) Existing Tenant Search which is required by the HUD to prevent instances of households receiving more than one federal housing subsidy. Refer to Chapter 7(h), Verification of Applicant and Resident Information, for more information.

6. Rental Interview

NYCHA schedules and conducts a rental interview as follows:

1. 1. 1. Review of Rent Payment History

Applicants must bring to the interview their last rent receipts to verify that rent payments to their former landlords were made on a timely basis. Rent receipts indicating consistently late rent payments may be a basis for reevaluating their eligibility.

For transferees, property management staff contacts the current development of resident to check for evidence of poor rent payment history, non-payment, or termination actions. Emergency transferees are exempt from this requirement.

1. 1. 2. Review of Application Information

NYCHA reviews the prospective tenant or transfer request as follows:

1. 1. 1. 1. 1. Family Composition
               

If the family composition has changed since the certification of the application, or a different size apartment is required due to age of family members and/or family size, their eligibility may be reevaluated. If applicable, the waiting list placement may change in accordance with NYCHA policy. Refer to Section (c) within this Chapter, Occupancy Standards, for more information.

In instances where the applicant or transferee has a change in family composition, and they no longer meet 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. 1. 1. 2. Family Income

Verification of income is based upon documents provided by the applicant or transferee. Third Party Verification of a transferee’s income is not required.

If the current income projection indicates that an applicant’s family income exceeds NYCHA’s admissions limits, NYCHA will conduct a secondary review prior to denial. Refer to Chapter 3(f)(ii)(4), Income and Assets, for more information.

If the last income recertification was completed more than six months before the rental interview, then the transferee must submit current income verification.

1. 1. 3. Eligibility Review

NYCHA reviews the application when an applicant or transferee is selected for an apartment to determine if the selected applicant is still eligible for public housing, based upon eligibility factors indicated in Chapter 3(f), Eligibility Determination.

7. Apartment Offer

Applicants and transferees will be shown the apartment and all the terms and conditions of occupancy will be explained.

The Housing Assistant will conduct a Pre-Occupancy Inspection of the premises. Refer to Chapter 9(c)(i), Pre-Occupancy Inspections/Move-in Inspections, for more information.

1. 1. 1. Non-Accessible Apartments Waiting List

         1. 1. Development Waiting List, Including General Population and Elderly

Applicants and transferees on a development waiting list for non-accessible apartments get one apartment offer.

1. 1. 1. 1. 2. Borough Wide Waiting List

Applicants and transferees on the borough wide waiting list for non-accessible apartments get two apartment offers.

1. 1. 2. Accessible Waiting List

Applicants and transferees on a waiting list for accessible apartments get two apartment offers.

8. Refusal of Apartment Offer

When an applicant or transferee refuses an assigned apartment, they must sign NYCHA Form 040.063, Refusal of Apartment. Failure to sign will be documented on the form and still processed as a refusal.

1. 1. 1. Non-Accessible Apartments

         1. 1. Development Waiting List, Including General Population and Elderly
               
               If the applicant or transferee refuses the apartment offer (non-accessible apartment) and no verified temporary emergency exists that prevents a move at the time of offer, they are removed from the waiting list.
               
               
            2. Borough Wide Waiting List
               

• • • • • First Offer

If the applicant or transferee refuses the first apartment offer (non-accessible apartment), the applicant or transferee is returned to the appropriate waiting list with their current priority.

• • • • • Second Offer

If the applicant or transferee refuses a second apartment offer (non-accessible apartment), and no verified temporary emergency exists that prevents a move at the time of offer, the application becomes inactive.

If the applicant or transferee refuses a second apartment offer (non-accessible apartment) due to a temporary emergency condition, the file will be documented.

1. 1. 1. 1. 3. Additional Offers

In the case of an emergency transfer or reasonable accommodation transfer, if the apartment offered does not meet safety or reasonable accommodation needs, the applicant or transferee is returned to the waiting list and may receive an additional apartment offer.

1. 1. 2. Accessible Waiting List

• • • • 1. First Offer 

If the applicant or transferee refuses the first accessible apartment offer, the application is returned to the appropriate waiting list and the applicant file is documented.

• • • • 2. Second Offer 

If the applicant or transferee refuses the second accessible apartment offer and no verified temporary emergency exists that prevents a move at the time of offer, the applicant or transferee file is documented, and the application becomes inactive. If medical needs are not met by second accessible apartment offer, the applicant or transferee is returned to the waiting list.

• • • • 3. Additional Offers

In the case of an emergency or reasonable accommodation application or transfer, if the apartment offered does not meet safety or reasonable accommodation needs, the applicant or transferee is returned to the waiting list and may receive additional apartment offers.

1. 1. 3. Good Cause for Rejection of Apartment Offer

• • • • An applicant or transferee eligible for an emergency preference as a victim of domestic violence may reject offers if they believe these locations would be unsafe, provided they submit a reasonable written explanation as to why the offers were unsafe;
      • A temporary emergency such as illness (temporary admission to a hospital or similar type of facility) which prevents the applicant or transferee from viewing or accepting the apartment will be considered good cause for rejection; or
      • An approved reasonable accommodation that is not met by the current apartment offer will be considered good cause for rejection.

Effective: 1/1/24
Last Revision: 12/15/23