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Chapter 7: Rent Calculation and Verifications

(Effective date of HOTMA provisions: December 1, 2024)

  1. Overview 

NYCHA verifies all household information, including family composition, income, assets, and expenses, to determine rent in accordance with federal law and HUD  regulations to ensure that families are paying the correct rental amounts. 

Households must provide proof of their income whenever required by NYCHA, and the information they provide must be true and complete. HUD regulations require that rent (including income, assets, and allowable deductions) be verified by NYCHA at new lease signing and annually. NYCHA's verification policies are designed to meet HUD's requirements and to maintain program integrity. 

  1. Key Acronyms

    • EID - Earned Income Disallowance 
    • EIV - Enterprise Income Verification 
    • HEAP - Home Energy Assistance Program 
    • HHS - US Department of Health and Human Services 
    • HRA - Human Resources Administration 
    • IRA - Individual Retirement Account 
    • IRS - Internal Revenue Service 
    • Kin-GAP - Kinship Guardian Assistance Payments 
    • OASDI - Old Age Survivor’s Disability Insurance 
    • OASI - Old Age Survivor’s Insurance 
    • PASS - Plan for Achieving Self- Support 
    • SNAP - Supplemental Nutrition Assistance Program 
    • SSD - Social Security Disability 
    • UIB - Unemployment Insurance Benefits 

  2. Consent to NYCHA’s Collection and Use of Family Information

Each family member aged 18 years or older must sign the Authorization for the Release of Information/Privacy Act (HUD-9886) or any updated version, and other consent forms as needed to permit NYCHA to collect information relevant to the family’s initial eligibility as well as eligibility for continued occupancy.  

After all adult family members have signed and submitted a consent form on or after January 1, 2024, family members do not need to sign and submit subsequent consent forms at the next interim or regularly scheduled recertification except under the following circumstances: 

    • When any person 18 years or older becomes a member of the family, that family member must sign and submit a consent form. 
    • When a member of the family turns 18 years of age, that family member must sign and submit a consent form. 

  1. Annual Adjusted Income  

Annual adjusted income is used to determine rent and initial eligibility, as well as eligibility for continued occupancy.  

New Move-in and Interim Certifications: Annual Adjusted Income is defined as the upcoming yearly (12-month) gross income from all sources received by all household members (even if they are temporarily absent), minus any applicable deductions and/or exclusions. 

Annual Recertifications: Annual Adjusted Income is defined as the gross income from all sources received by all household members, minus any applicable deductions, in the previous 12-month period.

NYCHA calculates residents’ prior-year adjusted income (including any interim redetermination of income that took place during the year) and adjusts to reflect current income if there was a change in income during the previous 12-month period that was not accounted for in an interim redetermination of income.  

Income received by all household members will be used to project the household’s income for the next year unless specifically excluded by federal regulations. Refer to Section (d) of this Chapter, Excluded Income Sources, for more information.  

If there is a change to any household member’s income, the head-of-household, co-head, or spouse must report these changes. 

Common sources of income include: 

      1. Wages and Related Compensation 

Income from employment consists of the gross amount of salaries, wages, tips, commissions, bonuses, and overtime wages before payroll deductions. Each employed household member must submit at least two paystubs from his or her employer which shows the current rate of pay. If he or she is unable to produce two paystubs, the employed household member must have NYCHA Form 040.013, Verification of Employment – Employer, completed and signed by his or her employer to verify the current income.  

NYCHA may telephone or mail the employer for additional information or clarity concerning information submitted by the resident on NYCHA Form 040.013, Verification of Employment – Employer. 

      1. Business and Self-employment Income 

Examples of self-employment or privately-owned business activities include but are not limited to:  

      • Child care;  
      • Cosmetology (beauticians/barbers); 
      • Car service/taxi drivers/ride sharing; 
      • Street vending; 
      • Housekeeping; 
      • Independent contractors; and  
      • Computer-based business. 
      1. Social Security 
        1. Old Age Survivor’s Insurance (OASI)  

The Social Security Administration provides a monthly benefit that retired employees receive based on their employment history. The benefits are payable to that insured employee, as well as to other household members (i.e. spouse, dependent, surviving children, or dependent parents). Lump sum deferred periodic payments are not included as income. 

        1. Social Security Disability (SSD)/Old Age Survivor’s Disability Insurance (OASDI) 

SSD/OASDI is a monthly benefit received from the federal government if a tenant or authorized household member is not eligible for regular Social Security benefits but must stop working because of a disability. Minor children may be entitled to a small portion of their parent’s benefits.  

        1. Treatment of Overpayment Deductions from Social Security Benefits 

Reduction in a periodic payment because of prior overpayment is not considered a deduction. Only the actual amount received during the reduction period is included as income. 

      1. Unemployment, Disability, Worker’s Compensation and Severance Pay 
        1. State Unemployment Insurance Benefits (UIB) 

UIB are compensation paid to a household member who is not working due to a layoff or strike. Benefit rates and eligibility are based upon the household member’s recent history of employment. Benefits are payable for six months, unless Extended or Emergency Benefits are granted. 

        1. Non-Governmental Unemployment Insurance Benefits 

Employees may receive unemployment benefits from unions, fraternal organizations, or other non-governmental sources. These benefits are included in the employee’s income in addition to any other unemployment benefits they receive. 

        1. Workers' Compensation  

Workers' compensation may be paid due to an on-the-job injury. Awards may be for total or partial disability, and the employee may continue to work. If the employee dies, the award may go to their dependent(s). Periodic payments paid at regular intervals (such as weekly, monthly, or yearly) for a period of greater than one year that are received in lieu of wages for workers’ compensation are counted as income. Lump- sum insurance payments and settlements for personal or property losses, including but not limited to payments under health insurance, motor vehicle insurance, and workers’ compensation, are excluded from annual income. 

        1. New York State Disability  

New York State Disability Insurance program provides weekly cash payments to protect employees against total wage loss from an off-the-job accident and/or illness. The weekly benefit is paid during temporary total disability. The benefit is based on the employee's average weekly wages for the eight weeks prior to the disability. 

      1. Public Assistance Income 

A full-public-assistance household is one where public assistance is the only source of income. If there are household members who are not listed on the Human Resources Administration (HRA) Budget Letter, they receive no other income.  

The rent for a full-public-assistance household is set based on the HRA shelter allowances table. The HRA Shelter Allowance is different for families with and without children. Full-public-assistance households do not receive income deductions. 

If the resident or a household member has been sanctioned by public assistance, the full amount the resident or household member should receive must still be counted as income. 

      1. Alimony and Child Support 

Payments are determined by court order or a written agreement between the parties. Refer to Appendix A, Glossary for more information.  

Note: When a household member receives public assistance, the court can elect to have the alimony or child support paid to the resident through HRA. Regardless of the amount of money paid to HRA for child support or alimony, that household member will receive only $50 per month in addition to the basic allowance. However, if the household member receives the money directly, the basic allowance is reduced to reflect the additional income received. 

      1. Military Pay 
        1. Included in income  

Regular pay, special pay, and allowances received by a household member as a member of the Armed Services.  

        1. Excluded from income  

Special pay to a household member serving in the Armed Forces who is exposed to hostile fire. This is the only income earned by service persons who are household members that is not included in household income. 

      1. Income from Assets  

Assets include anything that has monetary value, unless specifically excluded by federal regulations. The value of a permanent household member’s assets may affect the household’s annual income and rent. Actual or imputed income generated from an asset is included in household income in calculating rent. Refer to Section (f) of this Chapter, Assets, for more information. 

        1. Actual Income from Assets 

Actual anticipated income from assets is the amount of income the assets are expected to produce in the next 12 months.  Some assets may not produce any income. 

        1. Cash Value of Asset 

The cash value of an asset is the market value minus any verified “reasonable costs” that would be incurred by the household member when disposing of real property, savings, stocks, bonds, or other forms of capital investment. 

        1. Imputed Asset Income 

Imputed asset income is the income that would be received from an asset if it were converted to cash, and the cash was placed in a savings account earning a set passbook interest rate. 

        1. Market Value of an Asset 

The market value of an asset is the worth of the asset if it were offered for sale on the open market. 

  1. Excluded Income Sources  

To reflect an accurate record of the household’s income, all household members must report all income, even if it is from an excluded source.  

NYCHA will make every effort to verify income documentation. If NYCHA finds that the household has no other income other than excluded sources after using all the verification levels to verify, the rent will be set at the minimum rent, zero ($0). 

Below are some of the excluded income sources: 

      1. Nonrecurring Income 

Nonrecurring income is income that will not be repeated in the coming year based on information provided by the family. Income received as an independent contractor, day laborer, or seasonal worker is not excluded from income, even if the source, date, or amount of the income varies. Nonrecurring income includes: 

      1. Payments from the U.S. Census Bureau for employment (relating to decennial census or the American Community Survey) lasting no longer than 180 days and not culminating in permanent employment. 
      2. Direct federal or State payments intended for economic stimulus or recovery. 
      3. Amounts directly received by the household as a result of State refundable tax credits or State tax refunds at the time they are received. 
      4. Amounts directly received by the household as a result of federal refundable tax credits and federal tax refunds at the time they are received. 
      5. Gifts for holidays, birthdays, or other significant life events or milestones (e.g., wedding gifts, baby showers, anniversaries). 
      6. Non-monetary, in-kind donations, such as food, clothing, or toiletries, received from a food bank or similar organization. 
      7. Lump-sum additions to net family assets, including but not limited to lottery or other contest winnings. 
      1. Additional Exclusions from Income 
      1. Payments specifically for, or in reimbursement of, the cost of health and medical care expenses.  
      2. Insurance payments and settlements for personal or property losses, including but not limited to payments through health insurance, motor vehicle insurance, and workers’ compensation.  
      3. The special pay to a family member serving in the Armed Forces who is exposed to hostile fire. 
      4. Deferred periodic amounts from Supplemental Security Income and Social Security benefits that are received in a lump sum amount or in prospective monthly amounts, or any deferred Department of Veterans Affairs disability benefits that are received in a lump sum amount or in prospective monthly amounts. 
      5. Income and distributions from any Coverdell education saving account or any qualified tuition program. 
      6. Amounts received from civil rights settlements or judgments, including settlements or judgments for backpay. 
      7. Payments made by or authorized by a state Medicaid agency or other state or federal agency to a household to enable a household member who has a disability to reside in the apartment.   
      8. Loan proceeds (the net amount disbursed by a lender to or on behalf of a borrower, under the terms of a loan agreement) received by the household or a third party (e.g., proceeds received by the household from a private loan to enable attendance at an educational institution or to finance the purchase of a car).  
      9. Lump-sum income received from any account under a retirement plan recognized by the Internal Revenue Service (IRS), including individual retirement accounts (IRA), employer retirement plans, and retirement plans for self-employed individuals; however, any distribution of periodic payments from these retirement accounts are included as income at the time they are received by the family. 
      1. Income from Persons with Conditional or Temporary Permission to Live in Household  

The income of persons with temporary permission to live in the household does not have to be reported to NYCHA and is not included in the income calculation. Examples: 

      • Earned and/or unearned income of live-in aides; 
      • Earned and/or unearned income of foster children/adults; 
      • Earned and/or unearned income of foster care siblings; 
      • Earned and/or unearned income of re-entry program participants; 
      • Earned and/or unearned income of other temporary occupants. 

NOTE: Live-in Guardian with Conditional Permission income IS NOT excluded from household income. 

      1. Disabled or Elderly Assistance
        1. Payments for Plan for Achieving Self-Support (PASS) 

Payments made to persons pursuing a PASS which has been approved by the Secretary of the U.S. Department of Health and Human Services (HHS).  

        1. Title V Employment, funded under Title V of the Older Americans Act of 1965 

Service community employment programs for unemployed persons who are 55 years of age or older.  

        1. Title II Employment, Subtitle A, of the Americans with Disabilities Act 

Service community employment programs for unemployed people with disabilities.  

      1. Educational Assistance 
        1. Title IV Scholarships 

Scholarships funded under Title IV of the Higher Education Act of 1965 that are used to cover the cost of attendance at an educational institution. 

        1. Other Scholarships  

Scholarships paid directly to the student or the educational institution, and used for tuition, fees, books, equipment, materials, supplies, transportation, and/or miscellaneous personal expenses.  

        1. Veterans' Educational Benefits 

Payments by the government for veterans to be used for tuition, fees, books, equipment, materials, supplies, transportation, and/or miscellaneous personal expenses.  

      1. Income Received by/for Children
        1. Employment 

Earned income of children under 18 years of age; includes foster children, but not the head-of-household, co-head, or spouse.  

        1. Foster Care 

Payments to an adult in the household for the care of foster children by the child services agency.  

        1. Adoption Assistance Payments 

All payments for the care of adopted children over $480 per adopted child (adjusted annually for inflation). 

        1. Kinship Guardian Assistant Payments (Kin-GAP) and Other Kinship Care 

Payments for children living with a related legal guardian. 

      1. Miscellaneous  
        1. Holocaust Reparations 
        2. Agent Orange Settlement Fund (AOSF) 
        3. State Rent Credits and Rebates for Property Taxes 
        4. Grants or Contributions for Elder/Disabled Care 
        5. Payments or allowances made under the HHS Low-Income Home Energy Assistance Program (HEAP)
        6. Any amounts recovered in any civil action or settlement based on a claim of malpractice, negligence, or other breach of duty owed to a family member arising out of law, that resulted in a member of the family becoming disabled. 
        7. Veterans’ aide and attendant care. 
        8. Distributions of principal or corpus of the trust, and distributions of income from the trust when the distributions are used to pay the costs of health and medical care expenses for a minor for an irrevocable trust or a revocable trust outside the control of the family or household. Any distributions from a revocable trust under the control of the family or household; except that any actual income earned by the trust, regardless of whether it is distributed, shall be considered income to the family at the time it is received by the trust. 
        9. Income earned on amounts placed in a family’s Family Self-Sufficiency Account.  
      1. Reparations to Native Americans  
      • Income derived from the disposition of funds of the Grand River Band of Ottawa Indians.  
      • The first $2,000 of per capita shares received from judgment funds awarded by the Indian Claims Commission and the Court of Claims, or from funds held in trust for an Indian tribe by the Secretary of the Interior.  
      • Maine Indian Claims Settlement Act of 1980 (MICSA).  
      • Payments received under the Alaska Native Claims Settlement Act (ANCSA).  
      • Income derived from certain sub-marginal land of the United States that is held in trust for certain Indian tribes.
      • Payments received by Tribal members resulting from mismanagement of assets held in trust by the United States.  
      1. Supplemental Nutrition Assistance Program (SNAP) Food Stamps 

The value of the allotment provided to an eligible household for coupons under the Food Stamp Act of 1977.  

      1. Training and Service 
        1. National Volunteer Programs 

Programs that assist small businesses and promote volunteer service by persons with business experience. This includes:  

          • Service Corps of Retired Executives (SCORE), and  
          • Active Corps of Executives (ACE).  
        1. Resident Service Stipends 

Payments made to household members, not exceeding $200 per month, for performing services for NYCHA to enhance residents’ quality of life.  

If the stipend exceeds $200/month, include the full amount in the income calculation; not just the portion that exceeds $200.  

A household may receive more than one stipend; however, only one stipend per household member can be excluded. 

        1. Training Programs (Effective date of HOTMA provisions: December 1, 2024) 

Excluded income includes incremental earnings and benefits to any family members resulting from participation in training programs funded by HUD or in qualifying federal, State, tribal or local employment training programs (including training programs not affiliated with a local government) and training of a family member as resident management staff from the family’s income. 

Payments received under a state or local employment or resident management training program that is a component of a program with clearly defined goals, such as on-the-job training or an apprenticeship.  

Only the compensation that is received as part of the program is excluded.  

        1. Job Training Partnership Act  

Payments to trainees.  

        1. Comprehensive Grant 

Payments for training funded by Comprehensive Grant. 

        1. Domestic Volunteer Service Act of 1978 

Payments to volunteers.  

  1. Earned Income Disallowance (EID)  

NYCHA grants qualified residents and household members an EID so that the household does not receive a rent increase after experiencing one of three qualifying events: (i) earning income from employment after unemployment; (ii) earning income from employment during participation in an economic self-sufficiency or job training program; or (iii) earning income from employment after receiving welfare.  

Based on 2016 regulatory changes at 24 CFR 5.617 and 960.255, eligible residents who experience a “qualifying event” after May 9, 2016 will have increased earnings excluded from their household’s rent calculations for a one-time, 24-month period.  

EID is a per-member, not per-household, benefit. Therefore, a single household may receive multiple income disallowances if multiple family members qualify for EID. 

The disallowances run for 24 consecutive months: 100 percent of the household member’s earned income is excluded for the first 12 months and 50 percent of the household member’s earned income is excluded for the second 12 months. 

      1. Elimination of EID  

No new families may be enrolled in EID after January 1, 2024.  

      1. Eligible Persons 

A head of household, co-head of household (if applicable) or household member is eligible for EID prior to January 1, 2024, if they meet the following requirements at the time of a qualifying event. They must be: 

      • A United States citizen or have eligible non-citizen status; 
      • An adult (18 years or older); 
      • Paying income-based rent or welfare rent; and 
      • A first-time EID beneficiary. 
      1. Ineligible Persons 

Persons ineligible to receive EID: 

      • Applicants;   
      • Individuals with temporary permission, ineligible non-citizen status, or under 18 years of age; 
      • Individuals in households that did not sign a public housing lease (i.e. resident employees, resident police officers, resident site caretakers, and resident superintendents); 
      • Individuals who already received EID under the old policy; and 
      • Individuals from households where the household rent is set at the flat rent. 
      • Individuals who seek to enroll in EID on or after January 1, 2024. 
      1. Baseline Income 

Baseline Income is the eligible resident’s or household member’s annual income immediately before the EID start date. The baseline income does not change during the duration of the EID period. 

      1. EID Start Date 

EID begins on the first of the month following the date of the qualifying event. The EID start date remains the same even if NYCHA does not learn of the qualifying event until months later. 

      1. EID Exclusion Time Periods 

The EID exclusion period is 24 consecutive months. 

      • For the first 12 months after the qualifying event (i.e., starting on the EID start date), 100 percent of the income above the baseline income is excluded from the rent calculation. 
      • For the second 12 months, 50 percent of the income above the baseline is excluded from the rent calculation. 
      1. Household Member Moveout with EID 

An eligible resident, co-resident (if applicable) or household member who started EID in one apartment and leaves before the 24 months expired can benefit from the remaining EID balance when he or she comes back to the same apartment or transfers to another public housing apartment. 

If the person that moves out or transfers had an existing four (4) year EID, he or she may leave the household and either (a) return to the same household or (b) transfer to another public housing household. The unexpired portion of EID will continue until it expires. 

  1. Assets  

      1. Asset Definition 

Assets are real property, savings, bonds, stocks and other forms of capital investments. The value of a household member’s assets may affect the household’s annual income and rent. Actual or imputed income generated from an asset is included in household income when calculating rent. Examples of assets include: 

      • Checking accounts; 
      • Savings accounts; 
      • Cash; 
      • Certificates of deposit; 
      • Stocks, bonds, mutual funds, and other investments; 
      • Life insurance policies that have a monetary value, such as Whole Life; 
      • Real estate; 
      • Mortgages or deeds of trust; 
      • Personal property held as an investment; 
      • Annuities; (effective date of HOTMA provisions will be December 1, 2024); and 
      • Trust funds to which a household member has access.

        Net family assets represent the cash value of all assets owned by the family, after deducting reasonable costs that would be incurred in disposing of real property, savings, stocks, bonds, and other forms of capital. A family’s net assets do not include: 
      • value of necessary items of personal property,  
      • the combined value of all non-necessary personal property if the combined total value does not exceed $50,000 (adjusted annually for inflation),  
      • the value of any account under a retirement plan recognized by the IRS,   
      • the value of real property that the family doesn’t have the effective legal authority to sell,  
      • any amounts recovered in any civil action or settlement based on a claim of malpractice, negligence, or other breach of duty owed to a family member arising out of law, that resulted in a family member being a person with a disability,  
      • the value of any Coverdell education savings under section 530 of the Internal Revenue Code of 1986, the value of any qualified tuition program under section 529 of such code, the value of any Achieving a Better Life Experience (ABLE) account authorized under Section 529A of such cCode, and the value of any “baby bond” account created, authorized, or funded by Federal, State, or local government,  
      • interests in Indian trust land,  
      • equity in a manufactured home where the family receives assistance under 24 CRF part 982,  
      • equity in property under the Homeownership Option for which a family receives assistance under 24 CFR part 982,  
      • Family Self-Sufficiency Accounts; and   
      • Federal tax refunds or refundable tax credits for a period of 12 months after receipt by the family.   

      • In cases where a trust fund has been established and the trust is not revocable by, or under the control of, any member of the family or household, the trust fund is not a family asset and the value of the trust is not included in the calculation of net family assets, so long as the fund continues to be held in a trust that is not revocable by, or under the control of, any member of the family or household.  

      1. Assets Greater than $1,000 Disposed of for Less than Fair Market Value 

Assets greater than $1,000 that were disposed of for less than fair market value during the two years prior to the effective date of the Certification are counted as assets. Business assets disposed of for less than fair market value are processed under own business income. Assets disposed of under the following circumstances are excluded: 

      • In a foreclosure of bankruptcy sale; and 
      • As part of a separation or divorce settlement when the individual disposing of the asset receives “important consideration not measurable in dollar terms”.  
      1. Jointly Owned Assets 

Assets may be owned by more than one person. If any household member has unrestricted access or can legally dispose of the jointly owned asset, the full value of the asset and any income it produces is counted. 

An asset owned by more than one person may be prorated according to the percentage of ownership. If no percentage is specified or provided by state or local law, the asset is prorated evenly among all owners. 

  1. Deductions  

Income-based rent is calculated based on the household’s income and deductions.  

    • Deductions do not apply to households that receive full public assistance.  
    • Deductions do apply to dual-income (i.e., public assistance plus other income sources) households.  
      1. Deduction Types and Amounts 

NYCHA deducts the following amounts from annual income: 

      • $480 for each dependent that meets the following criteria as of the effective date of the certification:  
        • Under the age of 18; or 
        • Disabled (any age); or  
        • A full-time student (of any age).  

Live-in aides, foster children, and foster adults are not entitled to this deduction. This allowance amount will be adjusted annually by HUD.  

      • $525 for any elderly family or family member with disability that meets the following criteria as of the effective date of the certification: 
        • The applicant, co-applicant, resident, co-resident or sole member is at least 62 years of age or is a person with disabilities; or 
        • Two or more persons are at least 62 years of age or are living with disabilities.  

Each applicant family with elderly or family members with disabilities is limited to one $525 deduction regardless of the number of elderly or family members with disabilities. This allowance amount will be adjusted by HUD annually. 

      • Health and Medical Care Expenses: The sum of the following, to the extent that the sum exceeds 10 percent of annual income (effective date of HOTMA provisions: December 1, 2024) 
        • Unreimbursed reasonable health and medical expenses of any elderly family or family member with disabilities; and 
        • Unreimbursed reasonable attendant care and auxiliary apparatus expenses for each member of the family who is a person with disabilities, to the extent necessary to enable any member of the family (including the member who is a person with disabilities) to be employed. This deduction may not exceed the combined earned income received by family members who are 18 years of age or older who are able to work because of such attendant care or auxiliary apparatus.  
      • Any reasonable childcare expenses necessary to enable the family member to be employed or to further his/her education (see 24 CFR 5.611). The child must be under 13 years of age. 

Refer to Section (h)(iv) of this chapter, Verifying Deductions, for more information. 

      1. Deduction Thresholds  
        1. Unreimbursed health and medical care expenses 

Financial hardship exemption for unreimbursed health and medical care expenses and reasonable attendant care and auxiliary apparatus expenses. 

      • Phased-in relief for families that have received a deduction from annual income because their sum of expenses exceeded three percent (3 percent) of annual income as of December 1, 2024.  
        • The family will receive a deduction totaling the sum of the expenses that exceed 5 percent of annual income.  
        • Twelve months after the relief is provided, the family must receive a deduction totaling the sum of the expenses that exceed 7.5 percent of annual income.  
        • Twenty-four months after the relief is provided, the family must receive a deduction totaling the sum of the expenses that exceed 10 percent of annual income 
      • To receive additional hardship relief, the family’s applicable health and medical care expenses or reasonable attendant care and auxiliary apparatus expenses increased, or the family’s financial hardship is a result of a change in circumstances that would not otherwise trigger an interim recertification. 
      • Relief under this paragraph is available regardless of whether the family previously received phased-in relief, is currently receiving phased-in relief, or previously received phased-in relief. 
        • The family will receive a deduction for the sum of the eligible expenses that exceed 5 percent of annual income.   
        • The family’s hardship relief ends when the circumstances that made the family eligible for the relief are no longer applicable or after 90 days, whichever comes first. However, NYCHA will extend the relief for one additional 90-day period while the family’s hardship condition continues.  
        1. Childcare  

Financial hardship exemption for childcare expense deductions. 

      • A family whose eligibility for the childcare expense deduction is ending may request a financial hardship exemption to continue childcare expense deduction.  
        • NYCHA must recalculate the family’s adjusted income and continue childcare deduction if the family demonstrates to NYCHA’s satisfaction that the family is unable to pay their rent because of loss of the childcare expense deduction, and the childcare expense is still necessary even though the family member is no longer employed or furthering his or her education. The hardship exemption and the resulting alternative adjusted income calculation must remain in place for a period of up to 90 days. NYCHA will extend such hardship exemption for one additional 90-day period based on family circumstances.  
        • NYCHA must promptly notify the family in writing of the change in the determination of adjusted income and the family’s rent resulting from the hardship exemption. The notice must also inform the family of when the hardship exemption will begin and expire.   

  1. Verification of Applicant and Resident Information 

      1. General Verification Requirements 

HUD mandates methods to verify family information and specifies the circumstances in which each method will be used. 

HUD has six levels of verification. In general HUD requires NYCHA to use the most reliable form of verification that is available, and to document the reasons when NYCHA uses a lesser form of verification. NYCHA requires residents to provide third-party documents dated within 60 calendar days prior to the recertification or additional information request date. 

In order of priority, the forms of verification that NYCHA uses are detailed in the table below. 

Verification Levels

6

HUD Enterprise Income Verification (EIV)

Highest/Mandatory

EIV provides a comprehensive online system for the determination and verification of various resident information. EIV, while mandatory, is only used as a method of verifying information provided through other sources.

5

Upfront Income Verification (UIV) Using Non-HUD Systems

Highest (Highly Recommended)

EIV provides a comprehensive online system for the determination and verification of various resident information. EIV, while mandatory, is only used as a method of verifying information provided through other sources.

4

Written Third-party Verification (Documents)

EIV + Self-Certification 

 

PHAs/MFH Owners can choose either option when both are available to verify income. PHAs/MFH Owners must use written, third-party verification when the income type is not available in EIV (e.g., self-employment, Go Fund Me accounts, general public assistance, Veterans Administration benefits, etc.) 

 

Highly

An original document provided by the resident that is generated by a third-party source such as a paystub, award letter, or a printout of benefits statement.

3

Written Third-party Verification Form (Requests)

Medium/Low

A third-party verification form completed by a third-party source, such as NYCHA Form 040.013, Verification of Employment – Employer.

2

Oral Third-party Verification

Low

Phone call by NYCHA to a third-party source following up on the submission of a written third-party form.

1

Self-Certification

Lowest (only use after verification cannot be made at any higher levels)

Statement of reported income and/or expenses signed by applicant or resident on NYCHA forms.
Use as a last resort when unable to obtain any type of third-party verification or if specifically permitted, such as to determine actual income from assets when the family certifies that net family assets do not exceed $50,000. 

 

      1. Enterprise Income Verification System (EIV) 

HUD’s EIV system is a web-based application which provides NYCHA with employment, wage, unemployment compensation, and SS benefit information for household members who participate in the Low-Income Public Housing program (PH). This system is available to all Public Housing Agencies (PHA) nationwide.  

Information in EIV is derived from computer matching programs initiated by HUD with the SSA and the HHS, for all residents with valid personal identifying information (name, date of birth, and Social Security Number (SSN) reported on the form HUD-50058.  

NYCHA uses EIV to accomplish the following:  

      • To identify applicants or residents who may be receiving rental assistance at another assisted community; 
      • To identify applicants that another PHA has reported for adverse terminations or debts owed; 
      • To validate verification sources for household income and deductions when processing Annual Recertifications, Interim Recertifications, additional household member requests, current household member requests, rentals, and transfers; 
      • To identify tenants that Social Security has reported as deceased; 
      • To verify the citizenship status for U.S. citizens and non-citizens; and 
      • To verify the name, SSN, and date of birth for all members of the household.  
      1. Verifying Income 
        1. Wages and Related Compensation 

Acceptable Third-Party Documents are listed below. 

      • Pay stubs: 

Each employed household member must submit at least two  current and consecutive paystubs from his or her employer which shows the current rate of pay. If he or she is unable to produce two  current and consecutive paystubs, the employed household member must have NYCHA Form 040.013, Verification of Employment – Employer, completed and signed by his or her employer to verify the current income. If a resident resides in a Low-Income Housing Tax Credit (LIHTC) development, NYCHA may also ask for more than two current and consecutive paystubs to verify income if required for other program requirements.  

      • A payroll summary report. 
      • NYCHA Form 040.013, Verification of Employment – Employer, or a letter of hire or termination from the employer. 
      • Employees of New York City: 

Office of Payroll Administration (OPA) Reports, which provide the current rate of an employee’s pay, are official employment verification. OPA Reports, along with EIV, satisfy third-party employment verification. 

        1. Business and Self-employment Income 

Self-employed household members must maintain a record of daily receipts or sales, register readings, and expenses in one ledger. 

        1. Social Security and Supplemental Security Income 

SS and SSI recipients who are already residents are not required to provide benefit verification letters since SSA electronically provides HUD with benefit information. However, if the SS and/or SSI recipient submitted a SS/SSI Award Letter with his/her Affidavit of Income (AOI), this can be used as proof of SS benefits and/or SSI income. 

If a SS and/or SSI recipient does not have available EIV data and did not submit an award letter, or disputes the EIV income data, NYCHA will initiate Third-party Written Verification (Level 4) to request written proof of the income via an award letter, dated within 60 calendar days of the request.  This request is made via NYCHA Form 040.297B, Annual Recertification Additional Forms Cover Letter. 

        1. Unemployment 
          • Unemployment monetary benefit letter.  
          • NYCHA Form 040.589, Verification of Unemployment Benefits. 
        1. Public Assistance Income 
          • Electronic budget letter for public assistance recipients.  

NYCHA may obtain budget letters indicating public assistance benefits received by a household member via NYCHA’s Data Verification System (DVS).  

If the electronic budget letter is not available, the resident must provide a copy of the HRA budget letter. 

          • Welfare Management System verification for new residents. 

The Welfare Management System (WMS) is used for the verification of public assistance income for new residents, applicants, and inter-project transferees. Data is available for all recipients of public assistance in New York City. 

          • NYCHA Form 040.591, Third Party Verification of Public Assistance. 
        1. Alimony and Child Support 
          • Child support payment stubs. 
          • NYCHA Form 040.584, Third Party Verification of Contributions/Support/Alimony. 
        1. Pensions and Annuities 

NYCHA Form 040.592, Third Party Verification of Pension and Annuities. 

        1. Disability and Workers’ Compensation 

NYCHA Form 040.587, Third Party Verification of Workers’ Compensation. 

        1. Veterans Administration Benefits 

NYCHA Form 040.588, Third Party Verification of Veterans Administration Benefits. 

        1. Military Pay 

NYCHA Form 040.585, Third Party Verification of Military Pay. 

        1. Regular Contributions 

NYCHA Form 040.584, Third Party Verification of Contributions/Support/Alimony.  

        1. Zero Income  

Zero ($0) income households are those that have no income. This does not include households where the source(s) of income is/are an excluded income type. 

If a resident reports zero ($0) household income, they must attend a personal interview with NYCHA and complete NYCHA Form 040.481, Zero Income Questionnaire quarterly.  

      1. Verifying Assets 

For verification of assets (refer to Section (gf of this Chapter, Assets) and asset income, NYCHA will follow the hierarchy as noted in the chart in Section (i) above.  

Net family assets do not include the value of all non-necessary items of personal property with a total combined value of $50,000 or less, as adjusted annually by an inflationary factor. When the combined value of all net family assets has a total value of $50,000 or less, the family must include on its self-certification that the net family assets do not exceed $50,000, the amount of actual income the family expects to receive from such assets, and that this amount is to be included in the family’s income. By accepting self-certification of net family assets equal to or less than $50,000 (adjusted annually for inflation) at recertification, NYCHA is required to fully verify net family assets every three years. 

        1. Checking/Savings Accounts, Certificates of Deposit, Stocks, Bonds, Mutual Funds, Annuities, and Other investment Accounts (effective date of HOTMA provisions: December 1, 2024) 

Copy of the most recent financial statement for each account. The statement must list the asset type for each account, the account number(s), current balance, and the interest or dividends earned for each account. 

        1. Cash 

None – Use amount indicated on Affidavit of Income. 

        1. Life Insurance (Whole Life or Universal Life), Does not include Term Life Insurance 

Copy of the most recent annual insurance policy statement, including the account number(s), total monetary value of the insurance policy, and the full name of the business institution with their contact information. 

        1. Real Property 

If the property is sold: Use Fair Market Value, less the mortgage, less selling costs to determine the cash value of the property. 

If the property was not sold: The household member submits a notarized statement for each property indicating the type of property; address; percent of ownership; date of purchase; original purchase price; and amount of existing loan with the name of the lender, current value, and income, if any, for the upcoming 12 months. 

NYCHA will rely on the self-certification of a household that informs NYCHA that they do not have any present ownership interest in any real property. If a household does declare present ownership in real property, NYCHA will seek third-party verification. 

        1. Mortgages or Deeds of Trust 

Original mortgage or deed of trust documents detailing the terms, the remaining balance, and interest earned. 

        1. Personal Property Held as an Investment 

Written appraisal from a licensed appraiser, indicating the current market value and income, if any, for the upcoming 12 months. 

        1. Trust Funds that a Household Member has Access to 

Statement from the Trustee of the account detailing the terms for dispersion of the trust. 

      1. Verifying Deductions 

Deduction verification will follow the hierarchy as noted in the chart in Section (i) above, as applicable.  

Deduction verifications include determination of eligibility for deductions and verification of the amount of deductions (e.g. childcare and medical expenses). 

        1. Dependents 

Refer to section (g)(i) of this Chapter, Deduction Types and Amounts, for more information. 

The status of a new household member that is a minor may be verified with a Social Security card and a birth certificate showing full name, date of birth, and relationship to the head of household. 

        1. Elderly  

Refer to section (g)(i) of this Chapter, Deduction Types and Amounts, for more information. 

The status of a new household member may be verified with a birth certificate or other appropriate documentation, such as receipt of SS retirement benefits or Medicare. 

        1. Student Status 

A full-time student is defined as a person who is attending school or vocational training on a full-time basis and is 18 years of age or older (except the head of household, co-head, or spouse). It is the responsibility of the family to submit documentation supporting the household member’s full-time student status.  

This status must be verified by a third party such as his or her school or program, using NYCHA Form 040.578, Third Party Verification of Full-Time Student Status, or an original school letter verifying full-time attendance.  

        1. Disability 

A disabled household is defined as a household whose head of household and/or co-head, or spouse (or sole member) is a person with disabilities. It may include one or more persons with disabilities living in a single apartment, or one or more persons with disabilities living with one or more live-in aides. 

A person with disabilities is defined as a person who is determined, pursuant to HUD regulations, to have a physical, mental, or emotional impairment that: 

        • Is expected to be of long-term continued and indefinite duration;  
        • Substantially impedes his or her ability to live independently; and  
        • Is of such a nature that the ability to live independently could be improved by more suitable housing conditions. 

If the head of household, co-head, or spouse is a person with a disability, then the entire household is entitled to one deduction verified with any of the following: 

        • Up-front income verification – receipt of SSD benefits;  
        • Written third-party verification request – NYCHA Form 040.582, Third Party Verification of Disability, completed by a qualified professional with knowledge of the resident’s disability status; or 
        • Written third-party verification document – an award letter, indicating proof of receipt of disability benefits from the SSA.  
        1. Health and Medical Care Expenses  

If the head-of-household, co-head, or spouse is elderly or a person with a disability, all household members qualify for health and medical expense deductions. 

The most current IRS Publication 502, Medical and Dental Expenses, is used to determine which expenses are qualifying medical expenses. Refer to https://www.irs.gov/forms-pubs/about-publication-502, for more information about acceptable medical expenses.  

Health and medical care expenses are any costs incurred in the diagnosis, cure, mitigation, treatment, or prevention of disease or payments for treatments affecting any structure or function of the body. Health and medical care expenses include medical insurance premiums and long-term care premiums that are paid or anticipated during the period for which annual income is computed (effective date of HOTMA provisions: December 1, 2024). 

To verify health and medical expenses, NYCHA must follow Level 1 Verification: Resident Declaration. All medical expenses must be paid and unreimbursed. Receipts must be provided for: 

        • Fees paid for health and medical care and treatment; 
        • Health and Medical bills for services from healthcare facilities and healthcare professionals; 
        • Medical insurance premium documents; 
        • Printouts from pharmacies for out-of-pocket expenses for prescription and nonprescription medicines; and 
        • Proof of purchase for health and medical equipment. 
        1. Disability Assistance Expense 

Reasonable expenses for attendant care and auxiliary apparatuses for a household member with a disability may be deducted if: 

        • They are necessary to enable a household member who is 18 years or older to work; 
        • The expense is not paid to a household member, or reimbursed by an outside source; 
        • The expense, in combination with any other medical expenses, exceeds 10 percent of the annual household income; and 
        • The expense does not exceed the earned income received by the household member(s) who is enabled to work. 

The deduction amount is the portion of the expenses that exceeds ten percent (10%) of the household’s annual income. This amount must be verified by a third party, using NYCHA Form 040.580, Third Party Verification of Handicap Assistance Expenses, or original documents verifying unreimbursed attendant care and/or auxiliary apparatus expenses.  

Auxiliary apparatus items must be directly related to permitting the person with a disability to be gainfully employed, or to enable the household member to go to work. Examples include: wheelchairs, ramps, adaptations to vehicles, and special equipment to enable a visually impaired person to read or type. 

        1. Child Care/Dependent Care/Handicap Care Expenses 

A deduction for unreimbursed child-care, dependent-care, or handicap-care expenses must be verified using NYCHA Form 040.581, Third Party Verification of Child/Dependent Care and Handicap Care, or original documents from the provider verifying the unreimbursed expenses.  

The household may only claim deductions if: 

        • The care is necessary to enable a household member to work or further their education; 
        • There is no one in the household who is capable of providing care during the hours care is needed; 
        • The expenses are not paid to a household member; 
        • The amount does not exceed the earned income of the lowest earning household member; 
        • The expenses are not reimbursed by an agency or individual outside the household; and 
        • For childcare, the child is younger than 13 years old (including foster care children). 
      1. Verifying Family Information 
        1. Legal Identity 

Household members’ first and last names must be verified via their original Social Security cards. The full names must match exactly with their full names as they appear on their Social Security cards or SSA records. 

If a household member is ineligible for a Social Security card, verify his or her first and last names via an original birth certificate, marriage certificate, certificate of domestic partnership, passport, state identification card, driver’s license, or name change order, as appropriate. 

        1. Social Security Numbers 
        • Acceptable forms of verification of Social Security Numbers 
          One of the following documents must be submitted as SSN verification when processing an Annual Recertification, Interim Recertification, additional household member request, Remaining Family Member (RFM) claimant request, rental, or transfer: 
          • An original Social Security card issued by the SSA;  
          • An original SSA issued document containing the household member’s name and SSN; or  
          • An original document issued by a federal, state, or local government agency containing the household member’s name and SSN. 
        • Adding new household members under the age of six years old 
          • Applicant households 

If a child under six years old was added to the applicant household within the six-month period prior to the household's date of admission, applicant household may be admitted, so long as the documentation required above is provided to NYCHA within 90 calendar days from the date of admission into the program. NYCHA must grant an extension of one additional ninety 90-day period only if NYCHA determines that the applicant’s failure to comply was due to circumstances that could not reasonably have been foreseen and were outside the control of the applicant. If the applicant household fails to produce the documentation required within the required time period, but NYCHA determines that the applicant is otherwise eligible to participate in the program, the applicant may retain their place on the waiting list for the program but cannot become a resident until they can provide the documentation required in this section to verify the SSN of each member of the household. 

          • Existing households 

When a resident requests to add a new household member who is under the age of six and does not have an SSA-assigned SSN, the resident must disclose the SSA-assigned SSN and provide NYCHA with the documents referenced above within 90 calendar days of the child being added to the household. If the family is unable to disclose and provide evidence of the SSN within 90 calendar days, NYCHA is required to grant the family an additional 90-day period to comply with the SSN disclosure and documentation requirement, only if NYCHA determines the family was unable to comply with the requirements due to circumstances that could not have reasonably been foreseen and were outside the control of the family. Examples include, but are not limited to, delayed processing of SSN application by SSA, natural disaster, fire, death in family, etc. If a resident requests to add an individual to the household but is unable to provide the required documentation, the request will be denied. Refer to Chapter 11(g), Terminations Related to Failure to Disclose or Document Social Security Numbers, for more information. 

        1. Documentation of Age 

Verify date of birth through an original birth certificate. If the birth certificate is unavailable, the following documents are acceptable forms of verification for date of birth: baptismal certificate, marriage certificate, certificate of domestic partnership, passport, state identification card or driver’s license, military discharge papers, or SSA award letter. 

        1. Citizenship or Eligible Immigration Status 

All applicants and family members 18 years of age or older must sign the appropriate sections of NYCHA Form 070.163, Declaration of Citizenship Status, declaring their citizenship or immigration status. The applicant or legal guardian must sign the appropriate sections on behalf of each family member 17 years of age or younger.  

        • Applicants and/or family members who declare that they are citizens of the United States 
          • The declaration of citizenship is sufficient; further documentation is not required.  
        • Applicants and/or family members who declare that they are non-citizens with eligible immigration status. 
          • Must provide documentation verifying immigration status.  
        • To verify immigration status, NYCHA will use the Systematic Alien Verification for Entitlements Program, a web based intergovernmental database that provides NYCHA with verification of the immigration status of non-citizens.  

This information is required to determine the eligibility of non-citizens for housing assistance. Proof of Eligible Non-Citizenship is described below. 

          • For Permanent Resident Aliens, Form I - 551, Alien Registration Receipt Card. 
          • Form I - 94, Arrival - Departure Record, with one of the following annotations: 
            • Section 207 – Admitted as Refugee; 
            • Section 208 – Asylum; 
            • Section 243(h) – Deportation Stayed by Attorney General; or 
            • Paroled Pursuant to Section 212(d)(5) of the Immigration and Nationality Act 
          • If Form I - 94, Arrival - Departure Record, is not annotated, then it must be accompanied by one of the following documents: 
            • A final court decision granting asylum; 
            • A court decision granting withholding of deportation; 
            • If the application was filed on or after October 1,1990, a letter from an Immigration and Naturalization Service (INS) asylum officer granting withholding of deportation must be included; or 
            • If the application was filed before October 1,1990, a letter from an INS district director granting withholding of deportation must be included. 
          • Form I - 688, Temporary Resident Card; must be annotated Section 245A or Section 210. 
          • Form I - 688B, Employment Authorization Card; must be annotated Provision of Law 274a.12(11) or Provision of Law 274a.12. 
          • A Department of Homeland Security issued receipt indicating the submission of an application for replacement of one of the above listed documents, including verification from the Department of Homeland Security that the member(s) is/are entitled to the document. 

If lease bifurcation occurs, legal immigration status must be determined for remaining household members. Rent will be redetermined accordingly. Refer to Chapter 2, Section (g)(ii)(7), Remedies Available to Victims; and Section (i)(viii) of this chapter, Prorated Rent for Families with Immigrants with Non-Eligible Status for more information. 

        1. Family Relationships 

Family composition is a key factor in determining the apartment size, income limit, and rent. A family may be a single person; two or more persons related by blood, marriage, registered domestic partnership, adoption, or guardianship; or two or more persons who maintain an interdependent relationship and whose resources are available to meet the needs of the family. 

      • Marriage 

Any of the following verifies that a marriage occurred:  

        • Civil or religious certificate of marriage;  
        • Statement from family court verifying the marriage;  
        • Documentation from a government agency 
        • Registered domestic partner: A legal relationship permitted under the State and City of New York laws.    
      • Minors  

Every minor (a person under 18 years) for whom a request is made to include the minor to the application must be the birth/natural child, adoptive child, or judicially declared ward (under the permanent legal custody or guardianship) of the applicant, co-applicant, or family member. Acceptable forms of verification are listed below for each item. 

        • Birth/natural child  
          • A birth certificate identifying the applicant, co-applicant, or family member as the birth/natural parent.  
          • Court papers identifying the applicant, co-applicant, or family member as the birth/natural parent. 
        • Adoptive child  
          • Court papers showing that the applicant, co-applicant, or family member has adopted the minor. 
        • Judicially declared ward  
          • Court papers showing that the applicant, co-applicant, or family member has permanent legal custody or guardianship of the minor.  
      • Joint custody of dependents  

Dependents that are subject to a joint custody arrangement will be considered family members if they live with the applicant family 51 percent or more of the year (i.e., at least 183 calendar days out of the year). The determination to include dependents will be at the discretion of NYCHA and based on available documents, such as court orders or school records.  

      • Pregnancy  

Pregnancies are verified by a written statement from a doctor, hospital, or maternity clinic stating the expected date of delivery. NYCHA records the expected birth date of the unborn child. The unborn child is counted when determining room size assignment. 

      • Temporary absence  

Family members temporarily absent from the household in the situations listed below may be included on the application and are counted when determining room size assignment. 

        • Absence of the applicant or co-applicant due to employment  

If the applicant or co-applicant must remain away from home for extended periods of time, he/she is considered a full-time member of the household unless there is evidence that he or she will spend less than 120 calendar days of the time in the apartment during the course of the year. 

Reasons for the absence of the applicant or co-applicant include, but are not limited to: 

          • Employment in the Merchant Marines; 
          • Employment as a traveling salesman; or 
          • Employment outside of New York City. 
        • Temporary absence due to military service 

A family member who is in military service, whether by enlistment or induction, may be considered part of the household unless: 

          • The family member marries while in the service and establishes a separate household; 
          • The family member obtains a legal separation or divorce; or 
          • The family member dies while in service. 
        • Temporary absence of full-time students 

A family member who is a full-time student attending school outside of New York City is considered part of the household unless: 

          • The family member marries while in school; or 
          • The family member establishes a separate household. 

  1. Rent Calculation  

Rent is determined by using the household's income. NYCHA charges the lesser of the income-based rent or flat rent. The appropriate rent is set based on one of the following possible rent categories: 

                  Income-based Rent 

Total tenant payment is the highest of the following amounts, rounded to the nearest dollar:  

      • 30 percent of the gross income for rent or; 
      • 10 percent of the family's monthly gross income. 

Income-based rent does not include additional charges, such as recurring electricity fees for a resident-owned major appliance such as a washing machine, air conditioner and/or stand-alone freezer.   

NYCHA requires all public housing residents to recertify their income on a yearly basis to be in compliance with HUD regulations. 

      1. Public Housing Flat Rent  

For public housing residents, flat rent is the highest amount of rent a resident can be charged for a particular size apartment. Flat rent is based on a percentage of the Fair Market Rent for the New York City area, with different amounts set based on the apartment size. Refer to https://www.nyc.gov/site/nycha/residents/pay-rent.page for NYCHA’s flat rent schedule.  

Flat rent does not include additional charges, such as recurring utility (e.g., electricity) fees for a major appliance. 

      1. Income-based Rent versus Flat Rent 

Once income-based rent is calculated, it is compared to the applicable flat rent. NYCHA chooses the lower of the two to set as the resident’s rent. If a household would prefer to pay the higher rent, they may contact their property management office to request a change.  

      1. Minimum Rent  

The lowest monthly rent NYCHA charges a resident for living in an apartment.  NYCHA’s minimum rent is zero ($0). 

      1. Maximum Rent (Flat Rent) 

NYCHA sets flat rents based on the allowable rent structure under federal law which requires flat rents to be set no lower than 80% of the applicable fair market rent for the PHA’s jurisdiction as determined by HUD. 

      1. Scheduled HRA Rent  

 Welfare or public assistance rent is set based on a fixed HRA rent schedule. 

      1. Over-income (Alternative Non-Public Housing) Rent  

Residents whose annual income exceeds the over-income limit for 24 consecutive months must sign a non-public housing over-income lease and will pay the alternative non-public housing rent. The alternative rent is the greater of the applicable Fair Market Rent (FMR) for each unit size established by HUD, or the amount of monthly subsidy provided for the unit (i.e., the amount of funding NYCHA receives from HUD per public housing unit each year). 

Refer to Chapter 8, Section(h), Over-Income Residents, for more information. 

      1. De Minimis Tenant Protections 

NYCHA has established procedures that are appropriate and necessary to assure that income data provided by applicants and residents is complete and accurate. NYCHA will not be considered out of compliance with the requirements solely due to de minimis errors in calculating family income but is still obligated to correct errors once NYCHA becomes aware of the errors. A de minimis error is an error where NYCHA’s determination of family income deviates from the correct income determination by no more than $30 per month in adjusted income.  

      1. Corrective Action 

NYCHA must take any corrective action necessary to credit or repay a family if the family has been overcharged for their rent or family share as a result of de minimis error in the income determination, but families will not be required to repay NYCHA in instances where NYCHA has miscalculated income resulting in a family being undercharged for rent or family share. NYCHA’s corrective action for households that are overcharged will consist of a credit applied to the family’s rent ledger.  

    1. Prorated Rent for Families Including Members with Non-Eligible Immigrants Status (Mixed Households) 

Mixed households are those that contain both U.S. citizens and/or eligible non-citizens, as well as ineligible non-citizens. In these situations, HUD requires NYCHA to prorate the household’s rental assistance, and grant a rent subsidy only to household members who are either U.S. citizens or non-citizens with eligible immigration status. Ineligible non-citizens will not receive a rental subsidy. NYCHA uses the ratio of citizen/immigration eligible household members compared to the total number of household members in determining eligibility for public housing and rent calculation. In these cases, the rent will be higher than the income-based rent but can be no more than the flat rent.  Refer to this Chapter, Section (h)(vi)(4), Citizenship or Eligible Immigration Status, for more information. 

      1. Mixed Households Admitted to NYCHA Before June 20, 1995 

HUD granted continued full subsidy assistance to mixed households that were receiving full subsidy prior to June 20, 1995, if: 

        • The head of household, co-head, or spouse was a citizen or had eligible immigration status; and 
        • The household did not include any member without eligible immigration status, except for the head of household, co-head, spouse, parents of the head of household, parents of the spouse, or children of the head of household or spouse. 
        • Members with a citizenship status of “Pending Verification;” and  
        • The eligibility for continued assistance must have been established prior to November 29, 1996. 

If, as of November 29, 1996, anyone added to the household is no longer eligible for continued full assistance, the subsidy must be appropriately prorated. 

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