TENANT SELECTION AND ASSIGNMENT PLAN 

SECTION I

INTRODUCTION

The Tenant Selection and Assignment Plan (“TSAP”) was developed as a result of the Davis Consent Decree in 1996 and explains how the New York City Housing Authority (“NYCHA”) processes public housing applications and tenant transfer requests. It ensures NYCHA processes applications and transfer requests to fill vacancies across its public housing portfolio in a fair and objective manner in accordance with applicable federal law and regulations, including but not limited to nondiscrimination and equal opportunity requirements.  

NYCHA’s Fair Housing Non-Discrimination policy, brochure, and information about the public housing program are available online at www1.nyc.gov/nycha. NYCHA’s Applications and Tenancy Administration Department (“ATAD”) is responsible for implementing TSAP.

SECTION II

APPLICATION PROCESS

Each applicant must complete NYCHA’s application to be considered for public housing. Each applicant must select a borough in which they wish to live. Applicants who fail to choose a borough will have their application deemed incomplete. 

The primary method to submit a preliminary application is online at Apply NYCHA. Applications may also be submitted at computer terminals located at the NYCHA’s Customer Contact Centers. The online applications are available in four languages (English, Spanish, Simplified and Traditional Chinese, and Russian). A confirmation number is provided immediately for each successful online submission. The application will be imaged and stored in NYCHA’s computer systems.  

Applicants with disabilities or those requesting reasonable accommodation may request NYCHA Form 070.002, Application for Public Housing. The completed application must be mailed to NYCHA, Post Office Box 19205, Long Island City, NY 11101-9998. Each application will be imaged and stored in NYCHA’s computer system and the date and time electronically recorded. A unique case number will be assigned to each application. 

NYCHA Form 070.281, Public Housing Acknowledgment Letter, is mailed to the applicant no later than two weeks after every successful submission. The acknowledgement letter will indicate the assigned priority code, borough selection, the application filing date, and the unique case number assigned to the application. 

There are three phases of the public housing application process after successful submission of the application: 

    1. Preliminary Waiting List 
    2. Eligibility Determination 
    3. Certified Waiting List 

Each phase of this process is discussed in further detail in their respective sections of this policy. Applicants deemed eligible will be selected for a vacant apartment from the Certified Waiting List in order of priority and date of application. 

NYCHA may close the public housing waiting list in whole or in part at any time but will announce the closing of the waiting list in advance with a press release, notice on its website, and by additional means. 

Additional information about admissions and applying for public housing is available online at www1.nyc.gov/nycha.

SECTION III

PRELIMINARY WAITING LIST

Except for the following exceptions described below, a successfully submitted application for public housing is placed on the preliminary waiting list according to the applicant’s assigned priority code, household composition, borough choice, and date of application. NYCHA considers applications to be preliminary until the application is scheduled for an eligibility interview. A preliminary application is not placed on the Preliminary Waiting List if: 

    1. Family income exceeds the admission income limits for their family size. 
    2. Applicant and co-applicant are less than eighteen years of age, unless they are emancipated minors. 

If the applicant is found to be ineligible for the above reasons, NYCHA Form 070.276, Preliminary Ineligible Letter, is mailed to the applicant advising them to visit the Customer Contact Center for an informal discussion to review the ineligibility determination. 

If the applicant is dissatisfied with the outcome of the informal discussion, they may appeal the decision by submitting NYCHA Form 070.127, Request for an Informal Hearing.

UPDATING THE APPLICATION

Applicants are responsible for updating the application whenever there is a change in family composition, reason for applying, income, address, or telephone number. Additionally, applicants must renew their application every two years to remain on the preliminary waiting list. More information can be found about updating the application in Section V. Failure to report these changes may result in a delay in receiving housing or the family’s removal from the preliminary waiting list.

Applicants wishing to change any information while the application is on the preliminary waiting list may update or re-file a new application and maintain their initial application date.

SECTION IV

ELIGIBILITY PROCESS

A certified applicant is one who has successfully completed the eligibility process and has been placed on a Certified Waiting List. Applicants on the preliminary waiting list are scheduled for eligibility interviews according to the number of vacancies by apartment size each borough anticipates over the next six months. ATAD determines the number of additional certified applicants necessary to fill anticipated vacancies and selects the corresponding number of applicants from the preliminary waiting list to maintain sufficient coverage by determining the number of certified applications each borough needs to complete one rental. 

Selection from the preliminary waiting list is not confirmation the family is eligible for admission. Each applicant must appear for and cooperate in an eligibility interview conducted by ATAD according to the procedures set forth in the ATAD Manual. To ensure each eligibility interviewer is following a standard interview format, ATAD will use an interview script to record the information from the applicant.  

To qualify for admission to public housing, the family must meet program and suitability requirements as detailed below. 

Applicants are notified by mail with NYCHA Form 070.015, Interview Notice, at  

least fourteen days prior to the scheduled interview date. Applicants who miss their scheduled eligibility interview may still attend depending upon the type of interview.

  • Auto Scheduled:
    Auto scheduled applicants comprise the following categories: W0, N0, N1, W1, W2, W3, W9, N4, N8, and N9 priorities.

    Applicants who missed the interview may complete an eligibility interview by phone within ninety days of the initial interview date. NYCHA Form 070.274, Did Not Appear/Eligibility Interview, is mailed on the fifteenth day following the missed interview. After ninety days from the initial interview date with no contact from the applicant, the case is closed in the preliminary waiting list. The applicant is mailed NYCHA Form 070.599, Did Not Appear for Eligibility Interview – Final Determination. 

  • Outreach Scheduled:
    Outreaches are initiated when at least one vacancy exists and there is no applicant or transfer on the certified waiting list to fill the vacancy. Applicants who miss the interview will be returned to the preliminary waitlist without penalty.   

  • Return to Preliminary Waiting List:
    Applicants scheduled for interviews must qualify for the same or higher priority as well as the same room size configuration for which they were selected. If, during the eligibility process, it is determined that the applicant no longer qualifies for the priority/room configuration they were selected for due to, among other reasons, changes in family composition, income, employment status, the process is discontinued and the application returned to the preliminary waiting list.

    In this case, NYCHA Form 070.134, Priority Reduction Letter, is mailed to the applicant, citing the reason for the priority change, and informs the applicant that the application has been returned to Preliminary Waiting List and that an interview may be rescheduled if and when the applicant's revised priority is selected for an eligibility interview.

    Applicants who refuse the outreach development(s) or do not qualify for the specific requirements of the outreach, e.g., family size, age, income, mobility impairment, are returned to the preliminary waiting list without penalty. The housing assistant explains the reason for the return to the preliminary waiting list to the applicant at the interview.
    NYCHA Form 070.227, Outreach Requirements Not Met, is mailed to the applicant.

a. DEVELOPMENT SPECIFIC CRITERIA

There are three types of developments in NYCHA, each with specific criteria. During the eligibility process, the applicant will be determined eligible for one or more of the following development types within their desired geographic location: 

    1. Assignment to General Population Developments
      The applicant and co-applicant must be at least 18 years old or be emancipated minors.  

    2. Assignment to Elderly Developments or Buildings
      Either the head of household or co-head of household must be at least 62. All other authorized permanent household members must be 62 or older. 

    3. Assignment to Accessible Apartments
      Accessible apartments are specially equipped for people with mobility impairments. The applicant or family member must permanently use a wheelchair, walker, crutch, cane or other adaptive device or otherwise need the special features provided in order to qualify for an accessible apartment. Applicants on the Preliminary Waiting List requiring accessible apartments are selected according to the needs they indicated on their initial application. The person with mobility impairment must prove their needs for an accessible apartment during the eligibility process. Eligible applicants requiring accessible apartments are placed on a dedicated certified waiting list. 

b. ADMISSION INCOME LIMITS

    1. Tax Credit Developments
      Family income must not exceed 60% of area median income. 

    2. All Other Developments
      Family income must not exceed 80% of area median income as established by federal regulations.  

    3. Citizenship Requirements
      By law, only U.S. citizens, and non-citizens with eligible immigration status, including VAWA self-petitioners, may benefit from federal rental assistance. All members of the family, regardless of age, must declare their citizenship or immigration status. Non-citizens (except those aged 62 and older) must submit documentation of their status or sign a declaration that they do not claim to have eligible status. NYCHA uses the SAVE system to verify immigration status. 

      Non-citizens aged 62 and older must sign a declaration of eligible immigration status and provide proof of age.

      A family with no members with citizenship, eligible immigration or VAWA self-petitioner status, is ineligible for public housing. These families are ineligible until at least one member of the family becomes a U.S citizen, has eligible immigration status, or VAWA self-petitioner status has been verified.

      A family consisting of one or more family members with eligible immigration status and one or more family members without eligible immigration status (“mixed family”) may receive prorated assistance. A mixed family whose income requires it to pay more than 80% of family income available for rent (after statutory deductions) will be ineligible for two years from the date the family is declared ineligible but may become eligible sooner if they provide verification that their family income available for rent is at or below 80%. 

    4. Social Security Number Requirements
      The applicant and all family members who contend they have eligible immigration status or are U.S. citizens must provide documentation of a valid Social Security Number (“SSN”).   

      1. Applicants who are not required to verify SSN:
        Persons who do not contend they have eligible immigration status. 

      2. Applicants may verify SSN with the following:
        An original SSN card issued by the Social Security Administration;
        An original Social Security Administration letter which contains the name and SSN of the individual; or
        An original document issued by a federal, state or local agency containing the name and SSN of the individual.

    5. 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 and other consent forms as needed to permit NYCHA to collect information relevant to the family’s eligibility. The family must also provide information such as birth certificates and income information NYCHA or HUD determines is necessary to compute the family’s level of assistance. Failure to sign this form will result in the applicant’s ineligibility determination.

    6. Residence
      All applicants must provide proof of their current residence. Applicants who misrepresent their residency are ineligible for two years from the date they are declared ineligible but may become eligible sooner if they verify their residence.

    7. Minimum Age
      The applicant and co-applicant must be 18 years of age or older or be emancipated minors.

    8. Family Composition
      Family composition is a key factor in determining the apartment size, income limit, and rent. Under 24 CFR 5.403, a family includes but is not limited to the following:  
        

      • A single person, who may be an elderly, displaced, or near-elderly person, or any other single person; or an otherwise eligible youth who has attained at least 18 years of age and not more than 24 years of age and who has left foster care, or will leave foster care within 90 days, in accordance with a transition plan described in section 475(5)(H) of the Social Security Act (42 U.S.C. 675(5)(H)), and is homeless or is at risk of becoming homeless at age 16 or older; or   

      • A group of persons residing together, and such group includes, but is not limited to:   
        • A family with or without children (a child who is temporarily away from the home because of placement in foster care is considered a member of the family);   
        • An elderly family;   
        • A near-elderly family;   
        • A family with one or more persons with disabilities; 
        • A displaced family; and   
        • The remaining member of a tenant family.

          A household can include other individuals who are not considered family members:
        • Live-in Guardian with Conditional Permission;  
        • Foster children/adults who meet definition of a foster child/adult under state law; 
        • Live-in aides; or  
        • Temporary occupants.

          A family does not include: 
        • Boarders, lodgers, or transient paying guests;  
        • Roommates living together as friends;  
        • Live-in aides. 
          Applicants whose family composition cannot be verified are ineligible for two years from the date they are declared ineligible but may become eligible sooner if they verify family composition.

    9. Income and Assets 
      Family gross income, including income from assets, may not exceed the admission income limits established by HUD. All adult family members must verify their income and assets. Where total family income exceeds the admission income limit for public housing, the family will be ineligible until the family income falls within the admission income limit. Where the total family income is unrealistic, or all or part of the family income is non-verifiable; the family will be ineligible for two years from the date they are declared ineligible but may become eligible sooner if they provide documentation that family income is within admissions income limits.

        1. Assets are defined as the market value of, or equity in, real property, savings, bonds, stocks, and other forms of capital investments. They do not include the value of personal property, such as furniture and automobiles. 

        2. Annual income means all amounts, monetary or not, which go to, or on behalf of, the family head or spouse or to any other family member or are anticipated to be received from a source outside the family during the 12-month period following admission. Annual income also means amounts derived from assets during the 12-month period following admission to which any member of the family has access. Annual income includes, but is not limited to, wages and salaries; net income from operation of a business or profession; interest, dividends, and other net income from real or personal property; the full amount of periodic payments received from Social Security, public assistance, annuities, insurance policies, retirement funds, pensions, disability or death benefits and other similar types of periodic payments; payment in lieu of earnings such as unemployment and disability compensation, and severance pay; periodic and determinable payments such as alimony, child support and regular contributions or gifts received from persons not residing in the household and all regular pay, or special pay and allowance of a member of the Armed Forces. 

        3. Annual income does not include those payments, lump-sum amounts, or income excluded from annual income under federal law or regulations.

c. SCREENING FOR SUITABILITY

In selecting families for admission, NYCHA is responsible for screening family behavior and suitability for tenancy (see 24 C.F.R. § 960.203). In performing its screening obligations, NYCHA may consider all relevant information including, but not limited to: 

      • An applicant’s past performance in meeting financial obligations, especially rent; 
      • A record of disturbing neighbors, destruction of property, or housekeeping habits at prior residences; 
      • A history of criminal activity involving crimes of physical violence to persons or property; and 
      • Other criminal acts which adversely affect the health, safety and welfare of other tenants.  

    1. Mandatory Grounds for Denying Admission

      NYCHA may not admit families to public housing: 
       
      • If any household member has been evicted from federally assisted housing for drug-related criminal activity. The family may not be admitted for three years from the date of the eviction, unless that household member has successfully completed a supervised drug rehabilitation program approved by NYCHA, or if circumstances have changed (for example, the household member is imprisoned or has died). 
      • If any household member has ever been convicted of drug-related criminal activity for manufacture or production of methamphetamine on the premises of federally assisted housing. The family is permanently prohibited from admission. “Premises” is defined as the building or complex in which the dwelling unit is located, including common areas and grounds. 
      • If any household member is subject to a lifetime registration requirement under a state sex offender registration program. The family is permanently prohibited from admission. 

    2. Specific Reasons for Denial of Admission

      NYCHA will deny admission to families who, based on their past behavior, might adversely affect the health, safety or welfare of other tenants, NYCHA staff, or a NYCHA development. Families with members in the following categories will be found ineligible for the stated period of time.    
        1. Persons with conviction records.   
          • Persons convicted of Class A, B or C felonies. The family will be ineligible until six years after the offending person has completed the sentence, not including probation and parole, with no further convictions or pending charges. 
          • Persons convicted of Class D or E felonies. The family will be ineligible until five years after the offending person has completed the sentence, not including probation and parole, with no further convictions or pending charges. 
          • Persons convicted of Class A misdemeanors. The family will be ineligible until four years after the offending person has completed the sentence, not including probation and parole, with no further convictions or pending charges. 
          • Persons convicted of Class B or unclassified misdemeanors. The family will be ineligible until three years after the offending person has completed the sentence, not including probation and parole, with no further convictions or pending charges. 
        1. Persons who have an unsatisfactory record of meeting rent payment obligations within the past three years. However, if the applicant demonstrates an acceptable record of meeting rent payment obligations, consisting of prompt payments over a period of one year, the family is eligible. Families with an unacceptable rent payment record are ineligible for three years from the date they are declared ineligible. 
        2. Persons who have caused a fire-related incident in the last four years. The family will be ineligible until they have completed four years without causing another fire. Fire-related incidents include arson; smoking in bed; abandoned or discarded material; improper storage of garbage; placing combustible material near a heat source; leaving a heat source unattended; and using a flammable liquid to start a fire. 
        3. Persons who within the last three years have behaved violently or destroyed property. This category includes persons who have engaged in or threatened abusive or violent behavior toward NYCHA staff. Abusive or violent behavior includes verbal as well as physical abuse or violence. The use of language, written or oral, that is generally used to intimidate may be considered abusive or violent behavior. Threatening refers to oral or written threats or physical gestures that communicate intent to abuse or commit violence. The family will be ineligible for three years from the date they are declared ineligible. If the latest possible date of the offending behavior can be approximately established, the ineligibility begins from that date, instead of from the date the family is declared ineligible. 
        4. Persons who have disturbed neighbors, based on information obtained from the landlord or neighbor contact. The family will be ineligible for three years from the date they are declared ineligible. If the latest possible date of the offending behavior can be approximately established, the ineligibility begins from that date, instead of from the date the family is declared ineligible.  
        5. Persons with grossly unsanitary or hazardous housekeeping habits, based on information obtained from a landlord or neighbor contact. The family will be ineligible for three years from the date they are declared ineligible, unless a qualified agency is working with the family to improve its housekeeping, in which case they may be found eligible.  
        6. Persons who have illegally used a controlled substance within the last six months. The family will be ineligible for a period of three years after the ineligibility finding, or until the family provides written verification from a state-licensed drug treatment agency that the offending person has been drug-free for 12 consecutive months and submits a current clean toxicology report.  
        7. Persons permanently excluded from a NYCHA apartment. The applicant family with a permanently excluded person (PEP) will be ineligible for Public Housing unless the offending member is removed, in which case the family will be considered for admission. Should the applicant family opt to keep the PEP as part of the household, the family will be excluded until the offending member has completed five years without violating the permanent exclusion. The family’s Head of Household may petition NYCHA to lift the exclusion sooner than five years.   
        8. Persons terminated from NYCHA employment following a general trial for behavior that would constitute a felony or misdemeanor, or for illegal drug use or intoxication on the job. The family will be ineligible for three years from the date of the termination.  
        9. Persons who have committed fraud, bribery, or any other corrupt or criminal act in connection with a governmental housing program. If the offending person has not been criminally convicted, the family will be ineligible for three years from the date they are declared ineligible. If there is a criminal conviction, the family will be ineligible until three years after the offending person has completed the sentence, not including probation and/or parole, with no further convictions or pending charges.  
        10. Persons who have misrepresented information affecting eligibility, preferences for admission, citizenship, immigration status, family composition, income or allowances. If the offending person has not been criminally convicted, the family will be ineligible for three years from the date they are declared ineligible. If there is a criminal conviction, the family will be ineligible until three years after the offending person has completed the sentence, not including probation and/or parole, with no further convictions or pending charges.  
        11. Persons who have been evicted from a governmental housing program, or whose tenancy in a governmental housing program has been terminated, or whose participation in the Section 8 Housing Assistance Program has been terminated as a result of failure to meet tenancy obligations. The family will be ineligible for five years from date of move-out or termination from the program. An eviction is deemed to have occurred when the court issues a warrant of eviction. 
        12. Persons who have been or are about to be evicted from a NYCHA apartment pursuant to a licensee action. The family will be ineligible for five years from the date of the move-out or eviction. An eviction is deemed to have occurred when the court issues a warrant of eviction.  
    1. Receipt of Unfavorable Information

      Before NYCHA denies admission to public housing based on a criminal record, NYCHA mails to the applicant Form 070162, Pending Ineligibility Notification, offering the applicant the opportunity to meet with a Customer Contact Center representative to dispute the accuracy of the information or to provide evidence to indicate favorable future conduct before a finding on ineligibility is made. NYCHA will consider the time, nature, extent of the applicant’s conduct, the seriousness of the offense and factors which might indicate a reasonable probability of favorable future conduct, evidence of rehabilitation or willingness to participate in appropriate social services or other programs in making an admissions decision.   

    2.  Notification of Ineligibility

      All applicants found ineligible will be notified in writing, indicating the reason(s) for ineligibility and advising them they may visit NYCHA’s Customer Contact Center to discuss the ineligibility finding. 

      The notification will inform applicants they have 90 days from the date of the ineligibility letter to request an informal hearing before an impartial hearing officer to review the finding of ineligibility.

      NYCHA will retain the records of ineligible applicants for three years, including the application, NYCHA’s ineligibility letter, the applicant’s response (if any), and NYCHA’s final determination. Applications found eligible may nevertheless be closed for the reasons stated in Section V below. 

 

d. OCCUPANCY STANDARDS

Family size and family composition govern occupancy standards for all apartments. Different types of buildings and apartments, such as general population developments, elderly-only developments/buildings, and accessible apartments have specific occupancy standards. Similar to accessible apartments, with permission from the U.S. Department of Housing and Urban Development (HUD), NYCHA will designate certain developments/buildings for exclusive use of the elderly population and assign them via a separate waiting list. 

Generally, NYCHA adheres to a two-person per bedroom standard. An unborn child is counted when determining room size assignment. 

    1. Single member household 
      • Non-elderly households are assigned a zero-bedroom (efficiency) apartment 
      • Elderly households have a choice of: 
        • Zero bedroom (efficiency) at general population developments; 
        • Zero bedroom (efficiency) at elderly development; 
        • One bedroom apartment in an elderly development. 
      • Households with a mobility impaired family member requesting an accessible apartment have a choice of: 
        • Zero bedroom (efficiency); or 
        • One bedroom apartment. 
    1. Two-person families 
      • Couples (co-head, domestic partners, etc.) are assigned a one-bedroom apartment. 
      • Two persons with the youngest member under six years of age are assigned a one-bedroom apartment 
      • Two persons with the youngest member six years of age or older are assigned a two-bedroom apartment. 
    1. Three-person families are assigned a two-bedroom apartment. 
    2. Four-person families 
      • 4P families (all of same sex, two of each sex, or a couple and two others of the same sex) are assigned a two-bedroom apartment. 
      • 4X families (all other four-person families) are assigned a three-bedroom apartment. 
    1. Five-person families are assigned a three-bedroom apartment. 
    2. Six, seven, or eight-person families are assigned a four-bedroom apartment.
    3. Nine persons or more are assigned to an apartment size with five bedrooms. 

If, upon annual recertification, a household is determined to be extremely underoccupied, an automatic transfer request will be created to transfer the household to an appropriately-sized apartment. The tenant will be informed of same and coordinate with ATAD to select a development or a borough waiting list to accommodate the transfer. Should the tenant not respond, ATAD will assign an inter transfer by default. 

Refer to Appendix A – Basic Occupancy Standards for additional information. 

 

SECTION V

CERTIFIED WAITING LIST

When an applicant successfully completes the eligibility process and the case is approved, the application will be moved from the Preliminary Waiting List to the Certified Waiting List for either a general population or elderly apartment and may be sub-listed for assignment to accessible and/or low floor apartments if qualified and requested by the applicant.  

Applicants will choose a borough, city-wide, or multiple-borough Certified Waiting List with up to two borough exclusions. Applicants assigned an N1 priority, either as a Victim of Domestic Violence or Intimidated Witness, have the option of a borough-wide or city-wide Certified Waiting List, with up to two zip code exclusions. The certified application will remain on the respective Certified Waiting List until it is selected for an available apartment according to the selection rotation discussed in Section VIII. Certified applicants may switch borough waiting lists if they are not reached after one year.   

Existing applicants on the Certified Waiting List on a development will have the option of switching to a borough-wide waiting list. Those existing applicants on the Certified Waiting List who choose to remain on the development waiting list will be offered one apartment. All applicants on the borough wide waiting list will receive up to two apartment offers. Additional apartment choice exceptions are allowed for safety reasons if the applicant qualifies as a Victim of Domestic Violence, Intimidated Witness, or if reasonable accommodations needs are not met. 

When an applicant is matched with an apartment vacancy, ATAD will conduct additional checks, including a Criminal Background Check and additional reviews

    1. APPLICATION OUTREACH FOR DECONCENTRATION OF POVERTY 

An applications outreach may be initiated by ATAD for applicants with higher income tiers at developments with the lowest income averages for purposes of poverty de-concentration, as per HUD.    

The TSAP system uses the same criteria as selecting applicants for eligibility interviews to identify applicants with higher income tiers and of the appropriate family size from all applicants who selected the borough in which the outreach development is located. The number of applicants selected will be based on the number of applications needed by the outreach development to fill existing vacancies and to develop a six-month waiting list.    

In the event there is a lack of certified applicants in the necessary income tier on the waiting list for a specific vacancy, ATAD may select a certified applicant in the next highest income tier based on the earliest certification date for the vacancy. 

    1. DEVELOPMENT OUTREACH PLANS  

If a development has no applications (including transfer requests) for a given apartment of four bedrooms or less, or has difficulty filling an actual vacancy, ATAD may initiate a Development Outreach from the nearest development with a sufficient number of applications for that apartment size. Following ATAD’s decision to initiate a Development Outreach, NYCHA shall notify all applicants and transferees on the lending development waiting list who qualify for the apartment size for which applications are needed. The letter shall advise them that they may elect to have their applications moved to the borrowing development, and that if they respond promptly, they may be housed sooner than if their applications were to remain at the lending development. The letter shall explain that applicants may have their applications remain at the lending development without penalty.  

NYCHA shall enter transferred applications onto the borrowing development’s waiting list in the order that applicants respond to the canvass letter. The borrowing development shall offer them vacancies according to the rental plans described in Section VIII. In no case shall more than half the applications for a particular apartment size on the lending development’s waiting list be borrowed.  

If ATAD determines that no nearby development has a sufficient supply of applications, the development will be included in the Applications Outreach Plan.  

    1. APPLICATIONS OUTREACH PLANS 

An Applications Outreach is initiated when:  

      • A development outreach has failed to attract a sufficient number of applicants;  
      • No nearby development has sufficient number of applications on its waiting list; or  
      • The development has, or within the next six months is likely to have, several unfilled vacancies.  

With the approval of the Senior Director of ATAD, an applications outreach plan shall be initiated by searching its computer system using the same criteria as in selecting applicants for eligibility interviews to locate applicants of the appropriate family size (and applicable income level in those developments with income restrictions), from among all applicants who, based on their applications, selected the borough in which the outreach development is located. The number of applicants selected shall be based upon the number of applications needed by the outreach development(s) to fill existing vacancies and to develop a six-month waiting list.  

Applicants identified in this manner shall be notified that NYCHA has or anticipates near-term vacancies at the outreach development(s). The letter shall inform applicants that NYCHA will interview them for eligibility sooner than if they waited to be selected for an eligibility interview based upon the criteria described above, if they are willing to limit their development choice(s) only to the outreach development(s).  

Applicants who return the canvass letter and agree to waive any right to select any developments not included in the Applications Outreach Plan, as of the date of the eligibility interview, shall be scheduled for eligibility interviews in the order in which their responses are received. Once they are found eligible, such applicants shall be placed on the outreach development(s) waiting list and shall be processed as are all other applications on the development waiting list. 

Applicants interviewed for the Applications Outreach Plan and who refuse placement to the outreach development(s), shall have their applications returned to the waiting list to await an interview based upon the criteria described in Section V above.

    1. CHECKING APPLICATION STATUS

      Applicants can update or verify information and check the status of their applications by registering for and logging on to NYCHA’s Self- Service portal at www1.nyc.gov/nycha. Applicants can: 
      • View current application status; 
      • View eligibility interview date; 
      • View and download notification letters mailed by NYCHA; 
      • Upload documents; 
      • Request priority upgrade as a victim of domestic violence; 
      • Request informal hearing; 
      • Verify placement to a public housing development waiting list; 
      • Update mailing address, home address and phone numbers;  
      • Update application information, such as reason for applying and borough choice; 
      • Respond to development selection letter; 
      • Respond to Development and Applications Outreaches; and  
      • Respond to notice of pending expiration of application. 

 

REFRESHING THE WAITING LIST 

In order to have a sufficient number of families on the waiting list, it is necessary for NYCHA to keep updated information for each applicant. NYCHA requests that applicants renew their application information on a regular basis by acknowledging their continued interest in remaining on the waiting list. They can do so by accessing NYCHA’s Self-Service Portal, scheduling an appointment at one of the Walk-in Centers to use a NYCHA kiosk, or mailing a completed Application for Public Housing. Applicants that do not renew their application will have their case closed. 

The preliminary application is active for two years from the date of submission and it expires after two years unless a new application is submitted or the most recent application is renewed. Whether a new application is submitted, or an existing application is renewed, the application is credited with the initial filing date. At the time renewal applicants may update all information including family composition, income, reason for applying, contact details, etc. The renewal will not change the original case number, whereas a new application will be assigned a new case number. 

An applicant on the preliminary waiting list is notified via e-mail or automated call by NYCHA that the application is about to expire. The reminders will occur sixty and thirty days before the expiration of the application. Certified applicants will be mailed an annual canvass letter to confirm their continued interest in public housing 60 days prior to their application annual anniversary date.  

REMOVAL FROM WAITING LIST 

Applicants will be removed from the waiting list upon written request from the applicant or for failure to act. The case will be closed and removed from the waiting list if the applicant: 

      • Fails to renew an existing application or re-file a new application within two years; 
      • Fails to appear for an eligibility interview within ninety days of the scheduled interview date;  
      • Fails to submit required additional information within ninety days of the date requested; 
      • Fails to accept one apartment offer (development choice applicant) from the development to which the applicant has been certified, unless a temporary emergency prevents a move at the time of the offer;  
      • Fails to accept two apartment offers (borough choice or accessible apartments) from the borough(s) to which the applicant has been certified, unless a temporary emergency prevents a move at the time of the second offer;  
      • Fails to respond within forty-five days to the second notice that an apartment is available; 
      • Fails to respond within 60 days to the notice to confirm their continued interest in public housing during an annual update of the certified waiting list. 

An applicant whose application has been closed and removed from the waiting list will receive written notification (NYCHA Form 070.083, Inactive File Letter, or NYCHA Form 070.599, Did Not Appear for Eligibility Interview – Final Determination). The notification will be considered a final NYCHA determination. The applicant is not entitled to an informal hearing. 

Applicants removed from the waiting list who wish to be considered for public housing must file a new application. Any new application will be governed by its date of receipt, and the applicant may not be selected for an interview or certified to any development for one year after the initial application was removed from the waiting list. 

e. DENIAL OF ADMISSION

Applicants interviewed for eligibility and denied admission will receive written notification (NYCHA Form 070.126, Ineligibility Notification), along with documents related to the appeal of NYCHA’s decision and documents advising them of their rights under the Violence Against Women Act (VAWA). The notification will indicate the reason for denial and advise that they may request an informal hearing within ninety days. 

Applicants removed from the waiting list due to denial of admission, who still wish to be considered for public housing must file a new application. Any new application will be governed by its date of receipt and not the prior application date. The applicant may not be scheduled for an eligibility interview or certified to any development until the end of the ineligibility period. The ineligibility period varies depending upon the reason for the denial of admission.  

Appendix D – Ineligibility and End of Ineligibility Periods (EIP) lists the end of the ineligibility period associated with the specific reason for denial of admission. 

SECTION VI

PRIORITY CODES

Applications will be assigned priority codes based on the information provided by the applicants on the application. Applicants seeking an emergency priority must submit documentation to demonstrate they qualify for the priority. Applicants are assigned a priority code in order to determine the sequence in which they are selected for an eligibility interview while on the preliminary waiting list and subsequently matched to an apartment based on their priority once on the certified waiting list.

f. PREFERENCES

NYCHA has two applicant preferences:

Single member households (i.e. one-person households): An elderly person or person with disabilities will be selected for eligibility interviews over other single member households who are not elderly or disabled, except emergency applicants (i.e. priorities W0, N0 or N1), who will be taken in order of priority regardless of age or disability.

New York City residents: Applicants who live, work or will work within the five boroughs of New York City will be selected for eligibility interviews before applicants who do not live, work or will work in New York City.

g. METHOD OF ASSIGNING PRIORITIES

In accordance with federal regulations, NYCHA assigns each applicant a Working Family priority or a Need Based priority based on information provided by the applicant in their application. If an applicant qualifies for both types of priorities, NYCHA will assign both priorities to the application, and the applicant’s primary priority will be the one which first awards the applicant an eligibility interview.

Once an applicant’s information is entered into NYCHA’s systems, the applicant will be notified within two weeks of the priority or priorities assigned to the application. The notification also details the procedures by which the applicant may appeal the priority assigned. At any stage prior to lease execution, NYCHA may change the assigned priority code if it receives information demonstrating that an applicant’s qualifications have changed. Certified applicants can request an upgrade on the Self-Service Portal or visit the Customer Contact Center for assistance. The applicant will be notified of any changes to their priority codes except Working Family priorities where changes to the area median income are updated automatically.

The area median income varies by family size and is revised annually to reflect economic data and income levels for admission to public housing as established by federal guidelines. When HUD makes changes to area median income, NYCHA will publish the changes on its website. The relationship between area median income and NYCHA’s Working Family priorities is explained below.

Applications are assigned priority codes W1, W2, W3, W9, N4, N8, or N9, and placed on the preliminary waiting list, based on information provided in the application with no additional documents required at the time of filing.

Applications that are assigned priority codes W0, N0, or N1, require additional documentation and review by ATAD before the priority is assigned.

h. WORKING FAMILY

A “working family” is based on actual employment or if the head and spouse, or sole member, are age 62 or older or are receiving social security disability, supplemental security income disability benefits, or any other payments based on an individual’s inability to work. Additionally, the head or co-head of household must live, work, or will work in New York City to qualify for a Working Family priority.

“Income Tier” is defined as the income level of each applicant which, to the extent permitted by federal law and regulations, NYCHA uses for purposes of mitigating de-concentration of extremely low-income families in any one or all of NYCHA’s developments. 

NYCHA assigns Working Family priorities according to three Income Tiers:  

  • Applicants in Income Tier I have family incomes ranging from none up to 30% of area median income and may be assigned the W3 priority if the family qualifies as a Working Family.  
  • Applicants in Income Tier II have family incomes ranging from 31% to 50% of area median income and are assigned the W2 priority.  
  • Applicants in Income Tier III have family incomes ranging from 51% to 80% of area median income and are assigned the W1 priority. 

    Applicants with family incomes above 60% of the area median income are not eligible for any public housing unit in developments receiving the benefit of Low-Income Housing Tax Credits (LIHTC) under Section 42 of the Internal Revenue Code of 1986, as amended (“tax credit developments”). 

The priority codes adopted by NYCHA are: 

Code W0 

The W0 priority includes working families that are referred to NYCHA by NYC agencies or departments that meet specific conditions: 

    • Applicants with children referred by the New York City Department of Homeless Services (DHS), pursuant to an agreement with NYCHA, and who qualify for any of the three (3) Working Family definitions described below.  
    • Families or applicants displaced by fire, vacate order, or about to be displaced from a site to be used for a public housing development or other public improvement, and referred by HPD. Families displaced must be referred to NYCHA within two-hundred-seventy days from the date of displacement. 
    • Homeless applicants referred by the HIV/AIDS Services Administration (HASA). 
    • Applicants referred by the Administration for Children’s Services (ACS) under the Independent Living Program. The Independent Living Program was established to assist youths currently in the custody of the Commissioner of the NYC Administration for Children’s Services and about to be discharged. The primary goal of the program is to help them find suitable housing. The youths are generally eighteen to twenty years of age but may be between twenty-one to twenty-three years of age if ACS grants an exception to extend custody. Independent Living applications generally consists of one person but may be more than one person. 
    • Applicants referred by ACS under the Family Reunification Program. The Family Reunification Program requires that a family have a child or children in foster care and the only barrier to reunification is the lack of adequate housing. Children reunited on trial discharge will also be entitled to this priority. 

Code W1 

    • Applicants in Income Tier III, defined as families with income ranging from 51% to 80% of area median income as established by HUD. 

Code W2 

    • Applicants in Income Tier II, defined as families with income ranging from 31% to 50% of area median income as established by HUD. 

Code W3 

    • Applicants in Income Tier I, defined as families with income at or below 30% of area median income as established by HUD and who also qualify as a “working family”. A “working family” in Income Tier I will mean: 
      • Single Member Household:  
        • The sole member is currently employed or self-employed, and works at least 20 hours per week, or is receiving unemployment benefits or disabilities benefits or is 62 years of age or older. 
      • Two Person or More Household: 
        • The head of household or co-head or family member is currently employed or self-employed, and works at least 20 hours per week or is receiving unemployment benefits; 
        • The head of household and co-head are both receiving disability payments such as supplemental security income; 
        • The head of household and co-head are both 62 years of age or older; 
        • The head of household and co-head have a combination of age or disability (i.e. one is 62 years of age or older and the other receives disability benefits). 

Code W9 

    • Applicants who are current leaseholders of either NYCHA public housing or Section 8-assisted apartment and would otherwise qualify as a working family.

i. NEED BASED

Only families who live, work, or will be working in the five boroughs of New York City will be assigned Need Based priorities N0, N1, or N4.

The Need Based priorities in rank order are described below: 

Code N0 

  • Applicants with children referred by DHS, pursuant to an agreement with NYCHA, and who qualify for any of the three (3) Need Based family definitions described below.  
  • Families or applicants displaced by fire, vacate order, or about to be displaced from a site to be used for a public housing development or other public improvement, and referred by HPD. Families displaced must be referred to NYCHA within two-hundred-seventy days from the date of displacement. Homeless applicants referred by HASA. 
  • Applicants referred by ACS under the Independent Living Program. For details about this priority refer to the definition under the W0 priority. 
  • Applicants referred by ACS under the Family Reunification Program. For further details refer to the definition under the W0 priority. 
  • Applicants who are about to be discharged from the Henry J. Carter Specialty Hospital and Nursing Facility and who will become homeless or will be at risk of becoming homeless upon discharge, and who are referred by HHC. 
  • Victims of Domestic Violence currently residing in the DHS/HRA shelter system. A Victim of Domestic Violence that moves within the shelter system will maintain their N0 priority.  
  • Intimidated Witnesses referred by the District Attorney’s Office or other prosecutorial and law enforcement agencies.  

Code N1 

  • Victim of domestic violence (not referred by a city agency):

    Under the Violence Against Women Act (VAWA) 34 U.S.C. § 12291 et seq., domestic violence includes felony or misdemeanor crimes of violence committed by: 
    • A family member; 
    • A current or former spouse of the victim; 
    • An intimate partner of the victim; 
    • A person similarly situated to a spouse of the victim under New York’s domestic or family violence laws; 
      Any other person who committed felony or misdemeanor crimes of violence against an adult or youth victim who is protected from that person’s acts under New York’s domestic or family violence laws;

      The applicant or a family member must demonstrate that he/she is a victim of domestic violence, as defined above, and that the applicant or family member reasonably believes he or she is threatened with imminent harm from further violence if he or she remains in his or her current home. 
  • Intimidated Witness:

    Applicants with a family member cooperating in a criminal investigation or prosecution, where a member of the household has been threatened by a defendant in that investigation or prosecution or by a person associated with a defendant. To qualify for this category, the prosecutorial or police agency involved in the case must certify to NYCHA in writing that: 
    • The threat was made and was in retaliation for past or present cooperation with a prosecutorial or police agency; 
    • The threat poses a serious risk to a member of the household; 
    • It is likely that the defendant or the defendant’s associate knows the family’s current home address. 

Code N4 

Applicants who are involuntarily displaced, paying more than 50% of family gross income for rent, living in substandard housing, or the victim of a hate or bias crime. 

  • Involuntary displacement 
  • Reside in a shelter or place not meant for human habitation;  
  • Reside in transitional housing;  
  • In exiting health care facility and cannot return to prior housing; 
  • Have been displaced or about to be displaced due to government or housing owner action. 
  • Substandard housing 
  • Any unit that does not meet local building codes, is falling apart or is a safety hazard. Examples of substandard housing include a unit with an inadequate or unsafe electrical system, an unusable or unreliable heating system, broken or missing windows, or housing that creates unhealthy conditions such as pest infestation or mold; 
  • Doubled-up or overcrowded in an apartment not subsidized by NYCHA; or doubled-up and overcrowded in an apartment subsidized by NYCHA. Doubled up is defined as residing with friends or family members. Overcrowded is defined as more than twice as many people as the number of bedrooms (e.g. 3 people in one bedroom, 5 people in two bedrooms). 
  • Resides in apartment that is inaccessible or inadequate for persons with disabilities. 
  • Victim of a hate or bias crime. 

Code N8 

Applicants who do not qualify for a Need Based priority and are not now renting either a public housing or Section 8 apartment, and applicants who do not live, work or will work in New York City. 

Code N9 

Applicants who are leaseholders of either a New York City Housing public housing or Section 8 apartment. 

SECTION VII

TRANSFER PROCESS

To expand their housing opportunities, tenants have the choice of selecting a development waiting list for an Intra or Inter- transfer, regardless of how extensive the wait list may be. Alternatively, they may select a single borough or a city-wide (with up to two borough exclusions) waiting list. Tenants may utilize information published on NYCHA’s website that provides the number of transfers and applicants waiting on the list by priority and type, and the turnover and inventory, to assess a development’s waiting list.

However, Emergency Transfer requests are limited to a borough, multiple boroughs, or city-wide waiting list option with up to two zip code exclusions to maximize the speed at which they are reached.  

Reasonable Accommodation requests have the option to select a development, borough-wide, multiple boroughs, or city-wide waiting list, with up to two zip code exclusions. Additionally, uninhabitable, relocations, and Reasonable Accommodation requests are provided selection preferences for intra-development transfers over inter-development transfers.  

All transfers are allowed up to two apartment offers. After two apartment refusals, the transfer request must be restarted with no credit given for prior requests. Emergency and Reasonable Accommodation Transfers are allowed additional offers if the reason for refusal is based on safety reasons for VAWA, Intimidated Victims, or Intimidated Witnesses, or if the reasonable accommodation is not met. Residents on the certified transfer wait list may switch from one individual development waitlist to another if they have not been reached within a year and prior to one year if they are switching from a development to a borough or city-wide option. 

NYCHA processes two types of transfers for existing tenants in public housing, voluntary transfers and mandatory transfers.

j. VOLUNTARY TRANSFERS

Existing tenants may submit a request to apply for a transfer from one apartment to another specifying the reason. using Form 040.050, Tenant Request for Transfer, to the property manager of the development where they reside or apply on the - (Self-Service Portal). Victims of domestic violence must complete Form 040.923 (Emergency Transfer Request VAWA Victims) and Form 040.683 (VAWA - Victim Certification - HUD Form No. 5382). Either tenant category should submit the request in writing to the property manager of the development where they reside or apply on the  Self-Service Portal.

Intimidated Victims must fill out Form 040.920, Emergency Transfer Request IV and Form 040.920A, Tenant Consent IV. Intimidated Victims must complete Form 040.921, Emergency Transfer Request IW, and Form 040.921A, Tenant Consent for IW. The latter tenant categories (IV and IW) cannot directly submit a transfer request but must be referred by a third party, Safe Horizon (IV) and NYPD Referral, N.Y. District Attorney and or other prosecutorial and law enforcement agencies (IW). 

Tenants are assigned a priority code and their request is sent to the Field Liaison Division (“FLD”) of ATAD for review. If the tenant family meets all transfer requirements, FLD will approve the transfer request and notify the family in writing. If FLD denies the transfer request, it will notify the tenant in writing of the reason for the denial. 

k. MANDATORY TRANSFERS

Some transfers are required by NYCHA, including when an apartment is uninhabitable due to fire or flood, when tenants are required to downsize pursuant to a Termination of Tenancy Proceedings stipulation, and when the apartment is extremely underoccupied. Development staff will inform the tenant of the reason that the transfer is required. The tenant will be asked by development staff to complete a transfer request during which time the transfer policy and procedure is explained. If the tenant does not complete the transfer request, the development manager will initiate the transfer on behalf of the tenant. The transfer process begins when FLD approves the transfer request, and the tenant family is notified in writing.  If a tenant refuses to transfer at the apartment selection, NYCHA will commence a termination of tenancy proceeding for failure to transfer. 

l. CODE T0 PRIORITIES

  1. T0-A: Tenants whose apartments have become uninhabitable or who are experiencing severe health and safety issues as determined by NYCHA. The development manager will offer these tenants the first appropriate vacancy at or near their current development with the approval of the Borough Vice President, Executive Vice President for Property Management, or the Chief Operating Officer (for severe health and safety issues only).
  2. T0-B: Tenants who were previously required to relocate and are returning to their original apartment in their original development. This priority is necessary to prevent the assignment of the original apartment to another person.
  3. T0-C: Tenants who were previously required to relocate and are returning to their original development, but not their original apartment.
  4. T0-D: Relocating for development renovation or special program, as part of major NYCHA initiatives, such as Comprehensive Modernization, because the repairs or renovations could not be completed while they remained in the apartment 

2. T0-ET: Emergency Transfers: 

  1. T0-VD: Victim of Domestic Violence. Formerly T2-BD. 
  2. T0-VS: Victim of Sexual Assault. Formerly T2-BS. 
  3. T0-VV: Victim of Dating Violence. Formerly T2-BV. 
  4. T0-VX: Stalking Victim. Formerly T2-BX.
  5. T0-WV: Intimidated Victim. Formerly T2-CV.
  6. T0-WW: Intimidated Witness. Formerly T2-CW. 

3. T0-RA: Reasonable Accommodation Transfers 

  1. T0-G: Requires health/medical care with specific provider and travel time is greater than sixty minutes from current residence. 
  2. T0-H: Requires continuing home health care, which no household member can provide or that is not available within 60 minutes or less from the current residence. 
  3. T0-I: Requires additional bedroom to accommodate medical/mental health condition. 
  4. T0-J: Disabled tenant residing in a development without an elevator and requests an apartment in a development with an elevator on any floor. 
  5. T0-K: Disabled tenant requests an apartment only on the first or second floors in a development with or without an elevator.
  6. T0-L: Qualifies for and requests an Accessible/504 apartment. These tenants may choose their current development if the development has accessible apartments of appropriate size for the family, or they may choose to wait on any other development wait list. Citywide or borough in which they wish to live.
  7. T0-M: All other transfer reasons for a reasonable accommodation, including victims of a traumatic incident, residing in an apartment where a family member died, willing to provide continuing healthcare to a relative in a different development over 60 minutes away, and those referred by the Administration for Children’s Services (ACS) for family reunification. Formerly T2-G, T2-H, T2-I, T3-H, T4-C. 

m. CODE T1 PRIORITIES

  1. T1-AA: Families residing in an extremely under-occupied apartment (defined as residing in an apartment with two or more bedrooms than is required by the tenant based on NYCHA’s occupancy standards). Formerly T1-D
  2. T1-AB: Families residing in an under-occupied apartment (defined as residing in an apartment with one bedroom more than is required by the tenant based on the NYCHA’s occupancy standards). Formerly T2-A. 
  3. T1-AC: Families residing in an extremely overcrowded apartment (defined as residing in an apartment with two or fewer bedrooms than is required by the tenant based on the NYCHA’s occupancy standards). Formerly T3-A. 
  4. T1-AD: Families residing in an overcrowded apartment (defined as residing in an apartment with one-bedroom fewer than is required by the tenant based on the NYCHA’s occupancy standard). Formerly T4-A. 
  5. T1-AE: Required to downsize pursuant to a Termination of Tenancy proceeding stipulation. Formerly T0-E. 
  6. T1-AF: Residents moving out of an elderly building due to no longer being qualified, normally due to a change in household composition. Formerly T1-F. 

SECTION VIII

SELECTION CYCLE

NYCHA’s computerized TSAP program maintains separate waiting lists for each apartment size. When a vacant apartment becomes available and is ready to be leased, applicants and transfers on the Certified Waiting List are automatically selected through NYCHA’s TSAP system according to their priority and date of certification. Please refer to Appendix A – Selection Cycle for more information.  

New certified applicants must select a borough waiting list of their choice. Existing certified applicants on a development wait list will be able to remain on that development list unless they elect a borough waiting list. Once on the borough list, applicants would not be able to switch back to a development-specific wait list. While on the borough waiting list, applicants will be eligible for any vacant apartment that meets their criteria in that borough.  

Tenants will be able to request a transfer to any development in NYCHA's public housing inventory, regardless of how extensive the wait list may be, or borough and citywide waiting lists with borough exclusions. Emergency transfers, however, are limited to a borough or city-wide choice to maximize the speed in which they may be reached, with zip code and borough exclusions. Reasonable accommodation transfers are eligible for a development, a borough, or citywide choice with zip code and borough exclusions.  

Upon certification of an application or an approved transfer request, NYCHA enters data from the application or transfer request (including data of income, priority, date of certification, race/ethnicity and family size) in the TSAP program for that apartment size.  

When a vacant apartment becomes available, the TSAP system identifies the appropriate transferee or new applicant for that vacancy, using the criteria of apartment size, priority, and date of certification, in that order.  

For every apartment available, the TSAP system first searches for transfers on the Certified Waiting List in Tier 1. If no transfers match the apartment criteria, the TSAP system then searches for transfers on the Certified Waiting List in Tier 2. If no transfers match the apartment criteria, the TSAP system then searches for transfers and applicants on the Certified Waiting List in Tier 3

TIER 1

  1. T0-A: Tenants whose apartments have become uninhabitable or who are experiencing severe health and safety issues as determined by NYCHA. The development manager will offer these tenants the first appropriate vacancy at or near their current development with the approval of the Borough Vice President, Executive Vice President for Property Management, or the Chief Operating Officer (for severe health and safety issues only). 
  2. T0-B: Tenants who were required to relocate returning to the original apartment in the original development. This category is necessary to prevent the assignment of the original apartment to another person. 

TIER 2

  1. T0-C: Tenants who were required to relocate returning to the original development but not the original apartment. 
  2. T0-D: Relocating for development renovation or special program, as part of major NYCHA initiatives, such as Comprehensive Modernization, because the repairs or renovations could not be completed while they remained in the apartment.

TIER 3

Tier 3 consists of the seven categories described listed above. If a referral is found for a specific available apartment, the TSAP system will search for a viable referral for the next available apartment in the next category where it left off. Additionally, if a match is made in a specific category but there is an apartment offer-refusal or non-response, the new match will occur within that same category. Emergency Transfers, Reasonable Accommodation Transfers, and City Agency-Referred Applicants each receive 2 rotations in the Tier 3 cycle listed below.  
  1. T0-ET: Emergency Transfers 
  2. T0-RA: Reasonable Accommodation Transfers 
  3. N0: City Agency-Referred Need-Based Applicants 
  4. T0-ET: Emergency Transfers 
  5. T0-RA: Reasonable Accommodation Transfers 
  6. W0: City Agency-Referred Working Family Applicants 
  7. All Other Applicants and Transfers:  

Selections for All Other Applicants and Transfers in Tier 3 will alternate within this category for every available apartment. All Other Applicants are selected based on priority, while all other transfers will be selected by certification date order only. 

Refer to Appendix C – Selection Cycle for a visual representation of the Selection Cycle. Note that Reasonable Accommodation and Emergency (VAWA and related groups) transfer groups each get two out of the seven available rotations.

SECTION IX

ACCESSIBLE APARTMENTS

All certified transfers and applicants for accessible apartments are placed on a dedicated waiting list. In accordance with 24 C.F.R. § 8.27, every vacant accessible apartment will be offered to an intra-development transferee eligible for an accessible apartment of that size, who will be selected using only the criteria of certification date. If there are no such intra-development transferees available for such a vacancy, it will be offered to an inter-development transferee eligible for an accessible apartment of that size, who will be selected using only the criteria of transfer priority code and certification date, in that order. All Reasonable Accommodation transfers will accommodate zip code exclusions.

If there are no eligible transferees available for such a vacancy, it will be offered to a new applicant eligible for an accessible apartment of that size, who will be selected using only the criterion of certification date. Any such rentals will be included in the total of annual rentals to new applicants but will not be counted against any annual limits on rentals to Tier II and Tier III new applicants.

In accordance with 24 C.F.R. § 8.27, if there are no eligible transferees or eligible new applicants available for such a vacancy for 90 days, it may be rented to a family that does not require accessibility features according to the Selection Cycle for non-accessible apartments, described in Section VIII above.

SECTION X

RECORD KEEPING

NYCHA’s TSAP system maintains the certified waiting list of all applicants and transferees. Separate waiting lists are maintained for accessible apartments, and for developments designated for the elderly with HUD’s approval The waiting lists contain the following information for each applicant and transferee: name, case number, certification date, income tier, priority, family composition/apartment size and race/ethnicity. The list includes the disposition of the application or transfer, including, as appropriate, date of apartment offer(s), result(s), offer(s), apartment number offered, move-in or refusal date(s), refusal reason(s), reason for the disposition and date the case was closed.

SECTION XI

MONITORING PLAN PERFORMANCE

At least once every four years, representatives of the Department of Internal Audit & Assessment (IA&A) will review the computerized waiting list to monitor compliance with the tenant selection and assignment procedures set forth in the TSAP. Based upon the review, IA&A will prepare a report, which analyzes the overall efficiency of the TSAP. Any irregularities in following the procedures set forth in the TSAP will be noted in the audit report and will be brought to the attention of the Operations and Law Departments.

SECTION XII

APPENDIX LIST

Appendix A – Occupancy Standards

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) 

11 * 

21 

22, 3, or more 

 

 

 

 

21 

22, 3, or 4 

4X, 5, or more 

 

 

 

 

22, 3, or 4 

4X, 5, or 6 

7 or more 

1, 21 

 

 

4X or 5 

6, 7, or 8 

9 or more 

22, 3, or fewer 

1 or 21 

6, 7, or 8 

9 or 10 

11 or more 

4X or 5 

4 or fewer 

9 or 10 

11 or 12 

13 or more 

7 or fewer 

11 or 12 

13 or 14 

15 or more 

9 or 10 

8 or fewer 

13 or 14 

15 or 16 

17 or more 

11 or 12 

10 or fewer 

10 

15 or 16 

17 or 18 

19 or more 

13 or 14 

12 or fewer 

11 

17 or 18 

19 or 20 

21 or more 

15 or 16 

14 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 an Accessible Apartment 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). 

Appendix B – Applicant and Transfer Priority Codes

PRIORITY CODE 

PRIORITY TYPE 

PRIORITY DESCRIPTION 

PRIORITY OPTION 

T0 

WW 

Intimidated Witness (Emergency Transfer) 

 

Note: Tenants require a referral by N.Y.P.D., N.Y. District Attorney’s Office, NYC Corporation Counsel (if the perpetrator is a minor), or U.S. Attorney’s Office. 

BOROUGH choice with up to two (2) ZIP Code exclusions, or 

MULTIPLE BOROUGHS choice with up to two (2) ZIP Code exclusions, or 

CITY-WIDE choice with up to two (2) ZIP Code exclusions. 

 

T0 

G 

Requires health or medical care with specific provider and travel time is greater than 60 minutes. (Reasonable Accommodation Transfer) 

 

Tenants cannot choose a development. NYCHA will assign a development near the medical facility/physician/provider.  

 

T0 

H 

Requires continuing home health care, which no household member can provide and that is not available within 60 minutes from the current development. (Reasonable Accommodation Transfer) 

 

Note: This category is not only reserved for the elderly who need care. 

Tenants cannot choose a development. NYCHA will assign a development near the relative.  

 

T0 

I 

Requires an additional bedroom to accommodate a medical or mental health condition. (Reasonable Accommodation Transfer) 

 

 

INTRA-project transfer, or 

INTER-project transfer, or 

BOROUGH (Single or Multiple) choice, or 

CITY-WIDE choice.  

 

Note: In case of safety concerns, option to exclude up to two (2) ZIP Codes 

 

T0 

J 

 

Disabled tenant residing in a non-elevator development and requests an apartment in a development with an elevator on any floor. (Reasonable Accommodation Transfer) 

 

 

INTRA-project transfer, or 

INTER-project transfer, or 

BOROUGH (Single or Multiple) choice, or 

CITY-WIDE choice. 

 

Note: In case of safety concerns, option to exclude up to two (2) ZIP Codes 

 

T0 

K 

Disabled tenant requests an apartment only on the first or second floor in a building with or without elevator. (Reasonable Accommodation Transfer) 

 

 

INTRA-project transfer, or 

INTER-project transfer, or 

BOROUGH (Single or Multiple) choice, or 

CITY-WIDE choice.  

 

Note: In case of safety concerns, option to exclude up to two (2) ZIP Codes 

 

T0 

L 

Qualifies for and requests a 504/Accessible apartment (Reasonable Accommodation Transfer) 

  

INTRA-project transfer, or 

INTER-project transfer, or 

BOROUGH (Single or Multiple) choice, or 

CITY-WIDE choice.  

 

Note: In case of safety concerns, option to exclude up to two (2) ZIP Codes 

 

T0 

M 

 

All other Reasonable Accommodation transfers  

 

Note: Former transfer priorities folded into the T0-M category:   

  • Traumatic Incident (T2-G) 
  • Residing in an apartment where a family member died (T2-H) 
  • Referred by the Administration for Children’s Services (ACS) for family unification (T2-I) 
  • Wishes to move from General Population to a Senior Development (T4-C)  
  • Needs to provide healthcare to a family member residing over 60 min away (T3-H) 

 

INTRA-project* transfer, or 

INTER-project* transfer, or 

BOROUGH (Single or Multiple)* choice, or 

CITY-WIDE* choice.  

 

*Tenants falling into the former T3-H priority cannot choose a development. NYCHA will assign a development near the relative.  

 

Note: In case of safety concerns, option to exclude up to two (2) ZIP Codes. 

 

 

 

T1 

AA 

Extremely Underoccupied apartment (Rightsizing Transfer) 

INTRA-project transfer, or 

INTER-project transfer, or 

BOROUGH (Single or Multiple) choice, or 

CITY-WIDE choice.  

 

[NYCHA Staff may initiate the transfer by filing a Tenant Request for Transfer even if the request is unsigned by the tenant.] 

 

T1 

AB 

Underoccupied apartment (Rightsizing Transfer) 

INTRA-project transfer, or 

INTER-project transfer, or 

BOROUGH (Single or Multiple) choice, or 

CITY-WIDE choice.  

 

T1 

AC 

Extremely Overcrowded apartment (Rightsizing Transfer) 

INTRA-project transfer, or 

INTER-project transfer, or 

BOROUGH (Single or Multiple) choice, or 

CITY-WIDE choice.  

 

 

T1 

AD 

Living in an Overcrowded apartment (Rightsizing Transfer) 

INTRA-project transfer, or 

INTER-project transfer, or 

BOROUGH (Single or Multiple) choice, or 

CITY-WIDE choice.  

T1 

AE 

Apartment is Underoccupied, or soon to be Underoccupied. The tenant is required to downsize pursuant to a Termination of Tenancy proceeding stipulation. (Rightsizing Transfer) 

 

INTRA-project transfer, or 

INTER-project transfer, or 

BOROUGH (Single or Multiple) choice, or 

CITY-wide choice.  

 

[Staff may initiate the transfer by filing a Tenant Request for Transfer even if the request is unsigned by the tenant.] 

 

T1 

AF 

Required to move from a Senior building/development to a General Population building/development because no longer qualified. (Rightsizing Transfer) 

 

 

 

INTRA-project transfer, or 

INTER-project transfer, or 

BOROUGH (Single or Multiple) choice, or 

CITY-wide choice.  

 

[Staff may initiate the transfer by filing a Tenant Request for Transfer even if the request is unsigned by the tenant.] 

 

W 

0 

Department of Homeless Services (DHS) Referral 

  • Working-family with children in shelter. 
  • Number of families referred subject to limits. 
  • Families referred based on longest length of stay, room size required, and borough preference of family. 
  • Additional referral requirements may apply pursuant to an agreement between DHS and NYCHA. 

 

BOROUGH (Single or Multiple) choice, or 

CITY-WIDE choice.  

 

W 

1 

Low-Income Limits – Family gross annual income is from 51% to 80% of Area Median Income.  

BOROUGH (Single or Multiple) choice, or 

CITY-WIDE choice.  

 

W 

2 

Very Low-Income Limits – Family gross annual income is from 31% to 50% of Area Median Income. 

BOROUGH (Single or Multiple) choice, or 

CITY-WIDE choice.  

 

W 

3 

Extremely Low-Income Limits – Family gross annual income is at or below 30% of Area Median Income. AND "Working Family". 

BOROUGH (Single or Multiple) choice, or 

CITY-WIDE choice.  

 

W 

9 

Applicant or co-applicant who is the lessee or co-lessee at either a NYCHA public housing or Section 8 apartment. 

BOROUGH (Single or Multiple) choice, or 

CITY-WIDE choice.  

 

N 

0 

Department of Homeless Services (DHS) Referral 

  • Family with children in shelter. 
  • Number of referrals to NYCHA subject to limits. 
  • Based on longest length of stay in shelter, room size required, and borough preference of family. 
  • Additional referral requirements may apply pursuant to agreement between DHS and NYCHA. 

BOROUGH (Single or Multiple) choice, or 

CITY-WIDE choice. 

N 

0 

City Referred Homeless or Risk of Homeless  

1. Administration for Children’s Services (ACS) Youths aging out of foster care or children in foster care and sole barrier for reunification with family is lack of housing.  

2. Housing Preservation & Development (HPD) Applicants displaced or about to be displaced by fire or vacate orders. 

3. HIV/AIDS Services Administration (HASA) Homeless applicants.  

4. Health & Hospital Corporation (HHC) Applicant exiting Carter Specialty Nursing Facility and cannot return to prior housing. 

 

BOROUGH (Single or Multiple) choice, or 

CITY-WIDE choice.  

 

N 

1 

Victim of Domestic Violence  

  1. Self-referred by applicant;  
  1. Families with children referred by Human Resources Administration (“HRA”) pursuant to agreement with NYCHA.   

Intimidated Witness  

Referred by Prosecutorial or Law Enforcement Agency to NYCHA’s Family Services Department. 

 

BOROUGH-wide choice, or 

CITY-wide choice.  

 

Note: In case of safety concerns, option to exclude up to two (2) ZIP Codes. 

N 

4 

Homeless or at Risk of Homelessness 

1. Reside in shelter or hotel used by the City of New York.  

2. Street homeless or place not ordinarily used for sleeping.  

3. Exiting healthcare facility and cannot return to prior housing (e.g. nursing homes, adult homes, or mental health facilities).  

4. Transitional or supportive housing (transitional housing does not include correctional, inpatient drug or alcohol programs).  

5. About to be displaced due to government or housing owner action. 

 

BOROUGH (Single or Multiple) choice, or 

CITY-wide choice.  

 

N 

4 

Rent Burden - Rent burden is greater than 50% of family gross income 

BOROUGH (Single or Multiple) choice, or 

CITY-WIDE choice. 

 

N 

4 

Victim of Hate or Bias Crime 

BOROUGH (Single or Multiple) choice, or 

CITY-WIDE choice.  

 

N 

4 

Substandard Housing  

1. Unit does not meet local building codes, is falling apart, or is a safety hazard.  

2. Unit is not suitable for persons with disability. 

BOROUGH (Single or Multiple) choice, or 

CITY-WIDE choice.  

 

N 

4 

Legally Doubled-Up, Overcrowded in Apartment Not Subsidized by NYCHA 

BOROUGH (Single or Multiple) choice, or 

CITY-WIDE choice.  

 

N 

8 

No Need Based Priority  

1. Family does not reside, work, and will not be working in New York City;  

2. Family lives, works, or will be working in New York City but does not qualify for Need Based priority N0, N1, or N4 

 

BOROUGH (Single or Multiple) choice, or 

CITY-WIDE choice  

 

N 

9 

Applicant or co-applicant who is the lessee or co-lessee at either a NYCHA Public Housing or Section 8 apartment. 

BOROUGH (Single or Multiple) choice, or 

CITY-WIDE choice.  

 

Appendix C – Selection Cycle

Tier 1

T0-A: Uninhabitable
T0-B: Relocated Tenant Returning to original apartment
(Upgraded for Tenant Right to Return)

Tier 2

T0-C: Relocating back to original development
(Applied only to relocations where tenants return to their development but not their original apartment)

T0-D: Relocating for Development renovation or special program

Tier 3

(Selections made on a rotating cycle)

T0-ET: Emergency Transfers
Includes:
  • T0-VD = Victim of Domestic Violence
  • T0-VS = Victim of Sexual Assault
  • T0-VV = Victim of Dating Violence
  • T0-VX = Stalking Victim
  • T0-WW = Intimidated Witness
  • T0-WV = Intimidated Victim
Reasonable Accommodation Transfers
Includes:
  • T0-G = needs health/medical care with specific provider and travel time > 60 min
  • T0-H = needs continuing home health care, which no household member can provide
  • T0-I = needs extra bedroom to accommodate medical/mental condition
  • T0-J = disabled in non-elevator building; wants apartment in elevator building on any floor
  • T0-K = disabled and wants apartment on 1st or 2nd floor only
  • T0-M = all other reasons for accommodation
W0: City Agency Referred
Working-Family Applicants
NYCHA receives referrals from DHS, ACS, HPD, HHC and HASA
All Other Applicants and Transfers*
See details below

Appendix D – Ineligibility and End of Ineligibility Periods (EIP) 

INELIGIBLE DISPOSITION

END OF INELIGIBILITY PERIOD

Registered Sex Offender - Offending member is a sex offender subject to a lifetime registration under a state sex offender registration program.

Until the offending member is no longer required to register as a sex offender.

Persons Convicted of the Manufacture of Methamphetamine on the Premises of Federally Assisted Housing

Lifetime ban from public housing.

Felonies - Class A, B, or C

6 years from the date the convicted person has served his or her sentence (not including parole or probation), and has no further convictions or pending charges.

Felonies - Class D or E

5 years from the date the convicted person has served his or her sentence (not including parole or probation), and has no further convictions or pending charges.

Misdemeanor - Class A

4 years from the date the convicted person has served his or her sentence (not including parole or probation), and has no further convictions or pending charges.

Misdemeanor - Class B or Unclassified

3 years from the date the convicted person has served his or her sentence (not including parole or probation), and has no further convictions or pending charges.

Non-Verifiable Family Composition - Evidence of change or instability in the family composition making it impossible to determine family size.

2 years from the date the applicant is declared ineligible.

Inability to Pay NYCHA Rent - The pro-rated rent of the “mixed family” is 80% or more after allowable deductions. A “mixed family” consists of members who are citizens or have eligible immigration status and members who are not citizens or have no eligible immigration status.

2 years from the date the applicant is declared ineligible.

Non-Verifiable Income - All or part of the total family income is non-verifiable.

2 years from the date the applicant is declared ineligible.

Unrealistic Income - The monthly expense and income declared by the family is unrealistic.

2 years from the date the applicant is declared ineligible.

Unverifiable Residence - The applicant family has misrepresented their current address

2 years from the date the applicant is declared ineligible.

Poor Rent Payment Record Within the Last 3 Years - The applicant or co-applicant has a history of unsatisfactory rent payment or delinquency that was not due to circumstances beyond his/her control.

3 years from the date the applicant is declared ineligible.

Abuse or Violent Behavior Toward NYCHA Staff Within the Last 3 Years 

3 years from the date declared ineligible or the date of last incident (if known).

Destruction of Property

3 years from the date declared ineligible or the last incident (if known).

Disturbing Neighbors Within the Last 3 Years

3 years from the date declared ineligible or the date of last incident (if known).

Grossly Unsanitary or Hazardous Housekeeping Habits

3 years from the date declared ineligible.

Commission of Fraud, Bribery, or Any Other Corrupt or Criminal Act in Connection with a Governmental Program

3 years from the date declared ineligible

Misrepresented Information Affecting Eligibility, Preference for Admission, Family Composition, Income, or Allowances

3 years from the date declared ineligible.

Termination of NYCHA Employment Within the Last 3 Years Following a General Trial for Behavior Constituting a Felony, Misdemeanor, Illegal Use of Controlled Substances, or for Intoxication on the Job

3 years from the date the employee is terminated from NYCHA.

Illegal Use of Controlled Substances Within the Last 6 Months

Until the earliest of:

  • 3 years from the date of the ineligibility finding (or the latest date of illegal drug use if established by objective evidence).
  • Until the family provides both written verification from a state-licensed drug treatment facility that the offending person has been drug-free for 12 months and a current, clean toxicology report.
  • Until the family provides substantial evidence that the offending person is no longer engaging in the illegal use of a controlled substance; and has been rehabilitated successfully so as not to interfere with the health, safety, or welfare of other tenants.

Fire Within the Last 4 Years

4 years from the date of the fire without causing any subsequent fires.

Permanent Exclusion from NYCHA Apartment Following Administrative Termination Proceeding

5 years from the date of the permanent exclusion stipulation.

Evicted or About to Be Evicted from a NYCHA Apartment Pursuant to a Licensee Action

5 years from the service of the notice of eviction (i.e. warrant was issued) or the date of eviction by the City Marshall, or if the family is still in occupancy, from the date they are declared ineligible (whichever is the latest date).

Eviction or Termination from a Governmental Housing Program or Participation in the Section 8 Program was Terminated as a Result of Failure to Meet Tenancy Obligations

5 years from the termination of tenancy or subsidy, eviction, or termination of participation in the Section 8 program.

Under Age - Both the applicant and co-applicant are less than 18 years of age.

Until the applicant and co-applicant reaches 18th birthday.

Excess Income - Family income exceeds the established HUD Admission Income Limits for public housing.

Until annual family income is within the admissions limit established by HUD.

All Members of Family are Non-Citizens Without Eligible Immigration Status - The entire family is disallowed by HUD to receive any housing assistance.

Until one member of family is a citizen or a non-citizen with eligible immigration status.