- How does the Section 8 recertification process
work?
The recertification (a.k.a. annual income review) process begins with the
mailing of the “Affidavit of Income” to the Section 8 participants. The
affidavit of income is mailed each year to active participants at least five
months in advance of their lease end date. Each participant is required to
list his or her family composition, total household income, and citizenship on
the affidavit of income. Information from the affidavit of income will be
reviewed and verified by NYCHA staff. This information will be used to
determine the participant’s rent portion to the landlord for the proceeding 12
month period. The affidavit of income can be mailed or hand delivered to the
housing assistant, but it must be received before the deadline date listed on
top of the affidavit.
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- How is the participant’s portion of the rent
calculated?
Rent is set according to the income information received on the affidavit
of income. The participant’s adjusted gross income is used in the rent
calculation process to determine the participant’s portion of the rent to the
landlord. Participants must pay at least 30% of their adjusted gross income
towards the total rent for the apartment. In some cases, they may pay more
than 30% of their adjusted gross income if the contract rent for the apartment
exceeds the voucher payment standard (the maximum limit for subsidy payments).
At the completion of each recertification, Section 8 participants receive a
voucher change notice, which officially informs the participant of the
effective date of their new share of the rent to the landlord.
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- What documents are required for Section 8
participants, including those receiving public assistance, during the
recertification process?
Section 8 participants, including those participants receiving public
assistance, are required to complete and sign the affidavit of income for
recertification. Proof of total household income must be attached to the
affidavit. The proof may include pay stubs and W-2s. In most cases, NYCHA can
confirm public assistance benefits for participants electronically with the
Human Resources Administration.
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- What happens if a Section 8 participant fails to
submit income documentation for recertification?
If a Section 8 participant does not provide the necessary documentation for
recertification by the established deadline date, subsidy on behalf of the
participant shall be terminated. However, please keep in mind that Section 8
participants are given every opportunity to provide the required income
documentation to avoid termination of subsidy. As stated earlier, income
affidavits are mailed to participants five months in advance to ensure timely
submission of income documentation. In addition, termination notices are also
sent to participants warning them of the consequences for those who fail to
provide the required documentation. Section 8 participants have the right to a
fair hearing to contest termination action. All hearing requests must be made
in writing and addressed to the supervisor at the appropriate Leased Housing
borough office. During the hearing process, the participant’s subsidy remains
in effect until the hearing officer makes a determination in
writing.
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- Can a former Section 8 participant request
restoration of subsidy after being terminated from the Section 8
program?
NYCHA does have a Section 8 restoration policy that is limited to specific
termination cases such as: long-term suspension cases where landlords
have completed repairs of the original inspection violations and termination
cases were processed in error by NYCHA staff. In such cases, the former
Section 8 participant may request restoration of subsidy by writing a detailed
letter and by attaching supporting documentation addressed to the appropriate
Section 8 borough office management manager. The manager will review the facts
and make his/her decision in writing. However, before a participant’s subsidy
can be approved for restoration prospectively, full compliance with NYCHA’s
rules and regulations must be met.
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- Can Section 8 participants add persons to their
household?
Section 8 participants may request permission to add additional members to
their household. However, except for births and court awarded
custody/guardianship, no person may join a Section 8 participant’s household
unless the head of household requests his/her inclusion in writing and written
permission is granted by NYCHA. NYCHA shall deny permission on the grounds of
non-desirability for any person(s) age 16 or older, who fails a criminal
background check or is listed as a Sex Offender. If a grant of permission
creates an overcrowded condition, NYCHA shall offer the family a transfer
voucher for a larger apartment upon expiration of the current lease.
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- What is NYCHA’s policy on Section 8 tenant
transfers?
The Section 8 transfer process begins with the signing of the “Tenant
Request for Transfer” form by the Section 8 tenant of record. The tenant must
first be found eligible to receive a transfer voucher. Transfer requests are
reviewed and prioritized as “emergency” or “non-emergency” by the Section 8
supervisor. For non-emergency transfer cases, upon approval, the tenant’s name
is placed on the non-emergency waiting list at the Leased Housing borough
office in which they reside. Due to the heavy volume of transfer requests
received daily at the various Section 8 borough offices, the waiting time for
non-emergency transfers can be considerable. However, tenants that require
immediate assistance are issued emergency Section 8 transfer vouchers in an
expeditious manner.
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- I put in for a Section 8 transfer voucher, why must
I wait a year to receive it?
NYCHA has reduced the waiting period for non emergency transfers
considerably over the past couple of years. As a result, non-emergency
transfers now generally take approximately 3 months. However, emergency
transfers vouchers are usually issued within 3-6 weeks.
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- Can a Section 8 applicant or existing tenant rent
an apartment outside New York City?
Yes. Section 8 applicants or existing tenants can rent apartments outside
New York City. This process is called “Portability.” Since the Section 8
Housing Choice Voucher program is a federally funded program, voucher holders
may request portability vouchers to use or transfer their Section 8 subsidy to
any county or state that accepts a housing choice voucher. However, Section 8
voucher holders must be in good standing with NYCHA and determined eligible to
receive a portability transfer voucher.
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- Where are NYCHA’s Section 8 Leased Housing Borough
Offices located?
Bronx/Manhattan: 478 East Fordham Road (1 Fordham Plaza), 2nd
Floor Bronx, NY 10458
Brooklyn/Staten Island: 787 Atlantic
Avenue, Brooklyn, NY 11238
Queens: 90-27 Sutphin Boulevard, 4th
Floor, Jamaica, NY 11435
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- What is a Section 8 transfer
emergency?
Emergency priority is given to Victims of Domestic Violence, Intimidated
Victims or Witnesses in a crime, Child Sexual Victims and families facing
eviction or with life-threatening health issues. Emergency priority is also
given to families living in apartments where the landlord hasn’t corrected
serious Housing Quality Standards violations in a timely manner.
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- Will NYCHA defend me in instances of rent or
building violations?
NYCHA will suspend payment to a landlord who fails to maintain the
apartment as required until the violations are removed. However, NYCHA cannot
fine a landlord who has building violations. Either the NYC Department of
Housing Preservation and Development or the courts can do that. It is the
resident’s responsibility to report the violation to Landlord and Tenant Court
or report violations to the Code Enforcement Unit of the City Department of
Housing Preservation and Development. NYCHA makes sure that Section 8
participants receive an approved lease from the landlord. After that, either
the landlord or the participant must bring their dispute to the
courts.
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- Does Section 8 help landlords evict
tenants?
Landlords can evict Section 8 tenants. However, they must first notify the
Section 8 Eviction Review Unit at (212)-306-8500. The Section 8 Eviction
Review Unit will then determine if the landlord has a valid reason (e.g.
non-payment of the tenant’s rent portion) to proceed with eviction
proceedings.
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