The Housing Authority has adopted two preferences:

1. 1. 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.

1. 2. 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.

In accordance with federal regulations, the Housing Authority has adopted a Working Family priority and a Need Based priority (discussed below) by which it ranks each applicant based upon information in the application. If an applicant qualifies for both types of priority, the Housing Authority shall assign both priorities to the application, and the applicant’s ultimate priority shall be that one which first gains the applicant an eligibility interview.

Once an applicant’s information is entered into the computer system, the Housing Authority shall notify the applicant within two weeks of the priority or priorities assigned to the application. The notification also details the procedures by which the applicant may obtain review of the priority. At any stage prior to rental, the Housing Authority may change the priority code if it receives information demonstrating that an applicant’s priority qualifications have changed. If the priority code is changed, the applicant will be notified, with one exception: If the Housing Authority’s Working Family priorities are shifted due to across-the-board increase or decrease of area median income, the applicant will not be notified.

The area median income varies by family size and is revised periodically to reflect economic data and income levels for admission to public housing as established by federal guidelines. When the U.S. Department of Housing and Urban Development (“HUD”) makes changes to area median income, the Housing Authority will publish the changes on its website. The relationship between area median income and the Housing Authority’s Working Family priorities is explained below.

“Income Tier” shall be defined as the income level of each applicant which, to the extent permitted by federal law and regulations, the Housing Authority uses to advance its goal of income mixing and of avoiding concentrations of extremely low-income families in any one or all of the Housing Authority developments.

The Housing Authority divides applicants into three Income Tiers: Applicants in 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 Tier II have family incomes ranging from 31% to 50% of area median income and are assigned the W2 priority. Applicants in 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 under Section 42 of the Internal Revenue Code of 1986, as amended (“tax credit developments”).¹

___________________

_{¹At present the tax credit developments are: Amsterdam Addition, Bayview, Bushwick, Castle Hill, Chelsea, Drew Hamilton, Manhattanville, Marble Hill, Marlboro, Rutgers, St. Mary’s Park, Samuel, Stapleton, and 1070 Washington Ave.}

1. Working Family Priorities 2. Need Based Priorities

Every two weeks, ATAD will prepare a Guide to Anticipated Vacancies for Working Families (“Working Family Guide”) and a Guide to Anticipated Vacancies for Need Based Families (“Need Based Guide”). Each guide will list all the developments organized by borough and divided into elderly, tax credit and general population developments. Each guide will list the five apartment sizes in which applicants may select the development in which they wish to live: studio, one-bedroom, two-bedrooms, three-bedrooms, and four-bedrooms. Developments may be designated as anticipating vacancies in some, but not all, apartment sizes. Applicants that qualify for Guide choice will receive a list of available developments based on their interviewed priority and preference, room size qualified for and first and second borough preference.

For each development not currently appearing on the Working Family Guide as anticipating vacancies, ATAD will designate the development as anticipating vacancies in a given apartment size when it does not have enough Working Family applications to fill the Working Family vacancies anticipated during the next six months.² Developments currently designated on the Working Family Guide will continue to be designated as anticipating vacancies until they have enough certified Working Family applications to fill Working Family vacancies anticipated during the next six months. ATAD shall follow the same process with the Need Based Guide.

ATAD shall determine the number of certified Working Family applications each development needs to fill anticipated Working Family vacancies for six months by the following formula:

For six months: half of the total of the preceding twelve month’s turnover in the relevant apartment size, divided by two, multiplied by the number of applicants needed to complete one rental in the relevant apartment size.

ATAD shall review the data for each development once a year and adjust the factors in the formula as necessary to ensure each development has an appropriate number of applications to meet anticipated vacancies.

_________________

_{²This period may be adjusted Authority-wide at the discretion of the Director of ATAD.}

Every two weeks, ATAD will prepare a Guide to Vacancies - Accessible Apartments (“Accessible Apartment Guide”). The Accessible Apartment Guide will list developments throughout the city with actual vacancies in fully accessible apartments (“accessible apartments”) in each of five apartment sizes: studio, one-bedroom, two-bedrooms, three-bedrooms and four-bedrooms. Applicants that qualify for Accessible Guide choice will receive a list of available developments based on the room size qualification.

To prepare the Accessible Apartment Guide, ATAD shall compare the computerized development waiting lists for accessible apartments with the developments’ reports of actual vacancies in accessible apartments. When this comparison shows a development has on hand fewer certified applications than it needs to fill its current vacancies in accessible apartments of a given size (taking into account the average refusal rate for the Housing Authority), ATAD will include that development on the Accessible Apartment Guide for that apartment size. ATAD shall review the refusal rate once a year and revise its calculation if necessary.

To ensure all applicants entitled to select a development have an equal opportunity to do so, the Housing Authority makes available on its website information about its developments and surrounding neighborhoods.

Applicants can update or verify information and check the status of their applications by registering for and logging on to the Housing Authority’s Self-Service portal.

An applicant can:

• • • View current application status;
      
      
    • View eligibility interview date;
      
      
    • View and download notification letters mailed by the Housing Authority;
      
      
    • 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.

Each applicant must appear for, and cooperate in, an eligibility interview conducted by ATAD according to procedures set forth in the Housing Applications Manual. To ensure each eligibility interviewer is following a standard interview format, ATAD shall use an interview form to record the information from the applicant.

If the applicant provides all required information and is found to be suitable for tenancy, the application will be placed on either a borough waiting list or a development waiting list. Placement on a waiting list does not necessarily mean the family is eligible for admission at the time a suitable apartment becomes available. At that time, the Housing Authority will perform a criminal background check and will check HUD’s Enterprise Income Verification (“EIV”) system for any debts owed or adverse information about former participants who have voluntarily or involuntarily terminated participation in a HUD-assisted rental assistance program. If the family passes all screening checks, property management staff will contact the applicant for the rental interview. If the family does not pass all the screening checks, the Housing Authority may request additional information from the applicant or notify the applicant of the reason for denying admission.

In order to qualify for admission to public housing, the family must meet program and suitability requirements.

1. Development Specific Requirements

1. 1. 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

• • • The single member household is at least 62 years or older; or

• • • The applicant or co-applicant is at least 62 years or older.
      
      
    • If the household consists of other family members, all other family members must be at least 62 years or older.

1. 1. 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 must otherwise need the special features provided in order to qualify for an accessible apartment. The person with mobility impairment must demonstrate that he or she will benefit from the special features of an accessible apartment.
         
         

2. Admission Income Limits

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

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) shall 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. 1. 1. Applicants who are not required to verify SSN:

• • • Persons who do not contend they have eligible immigration status.
      
      

1. 1. 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 the Housing Authority’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 the Housing Authority to collect information relevant to the family’s

eligibility. The family must also provide information such as birth certificates and income information the Housing Authority or HUD determines is necessary to compute the family’s level of assistance.

6. Residence

All applicants must provide proof of their current residence. Applicants who misrepresent their residence 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. A family may be a single person; two or more persons related by blood, marriage, registered domestic partnership, adoption or guardianship; or, two or more persons who maintain an interdependent relationship and whose resources are available to meet the needs of the family.

Minor children: Every minor (a person under age 18) for whom a request is made to be included on the application must either be the birth/natural child, adoptive child, or judicially declared ward (under the permanent legal custody or guardianship) of the applicant, co-applicant or family member.

Foster children: A family may also include foster children who are authorized by a recognized foster care agency to reside with the applicant, as well as the

applicant’s children in foster care if at the time of the interview the foster care agency certifies that the only requirement for the release of the children is adequate housing.

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 shall 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 shall 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. 1. 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, worker’s 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.

In selecting families for admission, the Housing Authority is responsible for screening family behavior and suitability for tenancy (see 24 C.F.R. § 960.203).

1. 1. General Screening Obligations
      
      In performing its screening obligations, the Housing Authority 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. 2. Mandatory Grounds for Denying Admission
      
      The Housing Authority 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 the Housing Authority, 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.
      
      

1. 3. Specific Reasons for Denial of Admission
      
      The Housing Authority will deny admission to families who, based on their past behavior, might adversely affect the health, safety or welfare of other
      tenants, Housing Authority staff or a Housing Authority development. Families with members in the following categories will be found ineligible for the stated period of time.
      

1. 1. 1. Persons with conviction records.

• • • • Persons convicted of Class A, B or C felonies. The family shall 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 shall 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 shall 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 shall 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. 1. 2. 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.
         
         
      3. Persons who have caused a fire-related incident with the last four years. The family shall 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.
         
         
      4. 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 Housing Authority 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 shall 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 who have disturbed neighbors, based on information obtained from the landlord or neighbor contact. The family shall 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.
         
         
      6. Persons with grossly unsanitary or hazardous housekeeping habits, based
         
         on information obtained from a landlord or neighbor contact. The family shall 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.
         
         
      7. Persons who have illegally used a controlled substance within the last three years. The family shall 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.
         
         
      8. Persons permanently excluded from a Housing Authority apartment. The applicant family with a member permanently excluded shall be ineligible until the permanently excluded person has completed five years without violating the stipulation or the Hearing Officer’s decision imposing permanent exclusion.
         
         
      9. Persons terminated from Housing Authority 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 shall be ineligible for three years from the date of the termination.
         
         
      10. 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 shall be ineligible for three years from the date they are declared ineligible. If there is a criminal conviction, the family shall 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 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 shall be ineligible for three years from the date they are declared ineligible. If there is a criminal conviction, the family shall 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.
          
          
      12. 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 shall 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.
          
          
      13. Persons who have been or are about to be evicted from a Housing Authority apartment pursuant to a licensee action. The family shall 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. 1. Receipt of Unfavorable Information
      
      If the Housing Authority receives unfavorable information in the form of criminal history of an applicant, it will consider the time, nature, and 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.
      
      

1. 2. Notification of Ineligibility
      
      All applicants found ineligible will be notified in writing, indicating the reason(s) for the ineligibility and advising them they may visit the Housing Authority’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.
      
      The Housing Authority will retain the records of ineligible applicants for three years, including the application, the Housing Authority’s ineligibility letter, the applicant’s response (if any), and the Housing Authority’s final determination. Applications of applicants not found ineligible may nevertheless be closed for the reasons stated in Section VIII below.

Those applicants who have been assigned priority codes W1, W2, W3, W9, N4, N8 or N9 and whose family composition qualifies them for an apartment of four or fewer bedrooms are permitted to choose a development once the Housing Authority completes the initial eligibility process.

Applicants with these priority codes shall be sent the Development Selection Letter and List and asked to select only one development (located in one of the two boroughs the applicant selected on the application) designated on the List containing an anticipated vacancy of a proper sized apartment for the family composition. Applicants may defer their development choice for no more than 30 days. Applicants can submit their development selection by mail or through the Housing Authority’s Self-Service Portal.

If the applicant fails to choose a development, or rejects all developments designated on the List, the application shall be closed.

1. 1. Emergency Applicants
      
      Because their need for housing is urgent, emergency applicants -- those in priority codes W0, N0, and N1 -- may select only the borough in which they wish to live, rather than a particular development . At their eligibility interviews, emergency applicants must select one of the two boroughs listed on their application. Applicants who are found eligible for public housing shall be placed on the borough waiting list. A computer will match them to an actual vacancy in the borough selected, without regard to any preference by the applicant for a particular development in that borough. By computer, subject to the rental plans described in Section IX, emergency applicants are matched to vacancies based upon priority and the certification date of the application. The certification date shall mean the date the application is placed on the borough waiting list.
      
      Each emergency applicant may reject one offer of an apartment without penalty. If an emergency applicant rejects the first apartment offered, the applicant maintains his or her place on the waiting list and shall be offered the next appropriate vacancy, subject to the rental plans described in Section IX below. If an emergency applicant rejects the second offer, the application shall be closed unless the applicant demonstrates a temporary emergency preventing a move at the time of the second offer. An applicant eligible for an emergency preference as a victim of domestic violence may also reject both offers if they believe these locations would be unsafe, provided they submit a reasonable written explanation as to why both offers were unsafe.

Emergency applicants shall be assigned proportionately to Housing Authority developments based upon the total number of apartments in each development.

1. 2. Applicants for Five Bedrooms or More
      
      Because turnover in apartments with five bedrooms or more is very low, making it difficult to anticipate vacancies, non-emergency applicants who require these apartments may select only a borough in which they wish to live, rather than a particular development, unless they are assigned to a particular development as part of the Applications Outreach Program described in Section VI above. At their eligibility interviews, these applicants must select one of the two boroughs listed on their application, unless they can demonstrate changed circumstances described in Section G below. Applicants for five or more bedrooms who are found eligible for public housing shall be placed on the borough waiting list. A computer will match each applicant to an actual vacancy in the borough selected, without regard to any preference by the applicant for a particular development in that borough.
      
      ATAD shall maintain the waiting list of these applicants organized by borough selected, apartment size, priority and date of certification. Subject to the rental plans described in Section IX below, a computer will match these applicants to vacancies based upon priority and certification date of the application. Each of these applicants shall be permitted one rejection of an apartment. If an applicant rejects the first apartment offered, the applicant shall maintain his or her place on the waiting list and will be offered the next appropriate vacancy, subject to the rental plans described in Section VI above. If the applicant rejects a second offer, the application shall be deemed closed unless the applicant demonstrates a temporary emergency that prevents a move at the time of the second offer.

Applicants who can document their need for an accessible apartment may either select a development or borough in the same way as other applicants or request an accessible apartment. Those who select in the same way as other applicants retain their rights to have a reasonable accommodation made for their disability. Those who request an accessible apartment shall be processed in accordance with the procedures for apartments with four or fewer bedrooms described in Section D above and shall be subject to the rental plan described in Section IX below.

If the applicant can demonstrate changed circumstances between the application and the date of apartment assignment, the applicant may select a borough or development from a borough other than the two listed on the application. For the purposes of TSAP, changed circumstances must be demonstrated by documentation or other credible evidence and shall be limited to a job change which requires more than a 90-minute commute; a medical, mental health or special education need of a family member; or where adequate medical or special education services are not reasonably available.

When a vacancy occurs, the apartment will be inspected and prepared for re- occupancy. Pursuant to the policy set forth in Section IX below, the TSAP computer system will select the family to be offered the vacant unit. If the selected family is a new applicant, property management staff will interview

the applicant and explain the Housing Authority’s tenancy policies and procedures, and provisions of the lease. The applicant will be shown the vacant

unit prior to moving in. A move-in date will be scheduled. A lease will be executed, and the applicant will remit the first month’s rent and security deposit. Each family will be given a lease. The terms of the lease will be in conformance with HUD regulations. Family incomes will be certified upon move-in and re- certified each year thereafter.

The policy and procedures for transfer requests are further described in the Management Manual, Chapter I - Occupancy. A summary of the transfer priorities, occupancy standards and TSAP waiting list order are included with this TSAP as Appendices B, C and D respectively.

There are two types of transfers:

1. 1. Voluntary Transfers
      
      Housing Authority tenants shall be permitted to apply for a transfer from one apartment to another. To do so, they must submit a written request to the manager of the development at which they reside, on the form designated by the Housing Authority, showing the reason for the transfer request. If the development manager denies the request, he or she shall notify the tenant of the reason for the denial. If the development manager approves the request, he or she shall assign a priority code to it and send it to FLD. If FLD denies the transfer request, it shall notify the tenant in writing of the reason for the denial. If FLD approves the transfer request, and the tenant family meets all other transfer requirements, the transfer process shall begin, and the tenant family notified.

1. 2. Mandatory Transfers
      
      Some transfers are required by the Housing Authority. The tenant is informed by development staff of the reason the transfer is required. The tenant is 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. If FLD approves the transfer request, the transfer process shall begin, and the tenant family notified.
      
      Mandatory transfers are:

• • • T0-A - Tenant resides in uninhabitable apartment;

• • • T0-D - Tenant must move due to development renovation, development use, or special purpose program;
    • T0-E - Tenant resides in an under-occupied or extremely under- occupied apartment and is required to move to a proper sized apartment pursuant to a Termination of Tenancy proceeding stipulation of settlement or Hearing Officer decision;
    • T1-D - Tenant resides in extremely under-occupied apartment; and

• • • T1-F - Tenant resides in elderly development and is no longer qualified to reside in elderly development.

TSAP provides that T0 priority transfers shall have priority over all other transfers and new applicants. All other transferees and applicants will be offered apartments by rotating among the five categories.

The five categories are:

1. 1. 1. Extremely under-occupied or under-occupied transferees;
         
         
      2. Extremely overcrowded or overcrowded transferees;
         
         
      3. Transferees other than the two categories above;
         
         
      4. Working Family Priority applicants; and
         
         
      5. Need Based Priority applicants.

1. 1. Code T0 Priorities
      
      The T0 transfer priorities have priority over all other transfers and new admissions. The T0 transfers described below are ranked from high to low.
      
      

1. 1. First Priority
      
      Priority T0-A: Tenants whose apartments have become uninhabitable. The development manager shall offer these tenants the first appropriate vacancy at or near their current development.
      
      
      
   2. Second Priority
      
      Priority T0-E: Tenant is residing in an apartment that is under-occupied or soon to be under-occupied and is required to move to a proper sized apartment pursuant to a Termination of Tenancy proceeding stipulation of settlement or Hearing officer decision. An under-occupied apartment is one with one or more rooms in excess of what is needed for the family size, based on the Housing Authority’s occupancy standards.
      
      
      
   3. Third Priority
      
      The T0 priorities described below are equal in rank.

• • • Priority T0-C: Tenants who wish to return to a development from which they were displaced due to development renovation once the renovation is complete. To qualify for this transfer, tenants must request it before the renovation is complete. If at the time of the request, these tenants ask to return to the same apartment from which they were displaced, their request will be honored if the apartment is the appropriate size for the family based on the Housing Authority’s occupancy standards.

• • • Priority T0-D: Tenants who must move due to development renovation, development use, or the requirements of a special-purpose program (such as Multi-family Homeownership program “MHOP”). These tenants may choose their current development, a development designated as anticipated vacancies on the Guide or a borough in which they wish to live.

• • • Priority T0-G: In need of continuing health care and the specific health care provider or facility is not within 60 minutes travel time from the current development.

• • • Priority T0-H: In need of continuing home health care which no household member can provide and that is not available within 60 minutes travel time from the development.
      
      T0-G and T0-H transferees shall not be permitted to choose a development. The Housing Authority shall assign the transferee to a development near the health care provider, facility or relative, whether or not the development is designated as anticipating vacancies on the Guide.

• • • Priority T0-I: In need of an extra bedroom to accommodate a person with a medical condition that requires the use of a hospital bed or accommodates the mental condition of a family member.

• • • Priority T0-J: Disabled in a non-elevator building and wish to move to an elevator building.
      
      T0-I and T0-J transferees may either choose their current development, a development designated as anticipating vacancies on the Guide or the borough in which they wish to live.

• • • Priority T0-K: Disabled and wish to move to first or second floor apartment in either an elevator or a non-elevator building. These tenants may choose their current development or the borough in which they wish to live.

• • • Priority T0-L: Qualifies for and requests an accessible apartment. These transferees may choose their current development if the development has accessible apartments of appropriate size for the family, a development designated as anticipating vacancies on the Guide to Accessible Apartments or a borough in which they wish to live.

• • • Priority T0-M: Disabled and requests transfer based on reasonable accommodation. The transfer options will vary based on the circumstances of the transfer request.
      
      

1. 2. Under-Occupied Transfers
      
      The under-occupied transfers ranked from high to low are:

• • • Priority T1-D: Family residing in extremely under-occupied apartment (defined as residing in an apartment with two or more bedrooms than is required by the tenant based on the Housing Authority occupancy standards); and
      
      
    • Priority T2-A: Family residing in under-occupied apartment (defined as residing in an apartment with one bedroom more than is required by the tenant based on the Housing Authority’s occupancy standards).
      
      Under-occupied transferees may choose any development, whether or not it is designated as anticipating vacancies on the Guide or a borough in which they wish to live.
      
      

1. 3. Overcrowded Transfers
      
      The overcrowded transfer priorities ranked from high to low are:

• • • PriorityT3-A: Families residing in extremely overcrowded apartment (defined as residing in an apartment with two or fewer bedrooms than is required by the tenant based on the Housing Authority’s occupancy standards); and

• • • Priority T4-A: Families residing in overcrowded (defined as residing in an apartment with one-bedroom fewer than is required by the tenant based on the Housing Authority’s occupancy standard).
      
      Overcrowded transferees may choose their current development, a development designated as anticipated vacancies on the Guide or a borough in which they wish to live.
      
      

1. 4. Transfers Other Than Under-Occupied or Overcrowded
      
      T1 transferees are ranked higher than T2 transferees.
      
      

1. 1. T1 Priority

• • • Priority T1-F: No longer eligible to reside in their elderly building or development.
      
      These transferees may choose their current development if it contains general population apartments or a development designated as anticipating vacancies on the Guide or a borough in which they wish to live.
      
      

2. 2. T2 Priority

• • • Priority T2-B, T2-BD, T2-BS, T2-BV, and T2-BX: VAWA related categories: Victims of domestic violence, dating violence, sexual assault and stalking.
      
      
    • Priority T2-C, TC-CV and T2-CW: Intimidated victims and intimidated witnesses.

• • • Priority code T2-G: Victims of a traumatic incident (violent felony) in their development. The transfer request must be submitted no later than six months after the traumatic incident.
      
      T2-B, T2-C groupings and T2-G transferees may choose a single borough or “All Boroughs” and will not be placed near their current residence unless they request this, as noted under VAWA. These transferees shall be assigned proportionately to Housing Authority’s developments based upon the total number of apartments in each development.

• • • Priority T2-H: Related to a family member who dies in the current apartment at which such tenant resides. The transfer request must be submitted no later than six months after the death.

• • • Priority T2-I: Referred by ACS because they have a child or children in foster care, and ACS will not release the child(ren) until the tenants obtain an apartment large enough to accommodate the child(ren)
      
      T2-H and T2-I transferees may choose to transfer within their current development, a development designated as anticipating vacancies on the Guide or the borough in which they wish to live.

3. 3. Code T3

• • • Priority T3-B: Involved in long-term friction between neighbors.
      
      T3-B Transferees may choose their current development, a development designated as anticipating vacancies on the Guide or the borough in which they wish to live.

• • • Priority T3-H: Willing to provide continuing home aid to a relative in a different development which no member of the relative’s household can provide and that is not available within 60 minutes travel time.
      
      T3-H transferees shall not be permitted to choose a development. The Housing Authority shall assign the transferee to a development near the relative, whether or not the development is designated as anticipating vacancies on the Guide.

4. 4. Code T4

• • • Priority T4-B: Required to travel more than 90 minutes due to a change in work location.
      
      T4-B and transferees may choose a development designated as anticipating vacancies on the Guide or a borough they wish to live consistent with work location.

• • • Priority T4-C: Elderly tenant living in a general population development wishes to move to an elderly development.
      
      T4-C transferees may choose their current development if it contains elderly population apartments, a development designated as anticipating vacancies on the Guide or a borough in which they wish to live.

Transferees will make their development or borough choice when they submit their transfer requests. Transferees who may choose a development shall select a development from the Transfer Guide. The guide lists developments with anticipated vacancies from the Working Family Guide and the Need Based Guide. These guides are described in Section IV (A) above.

If a transferee who may choose a development from the Guide fails to choose a development then designated as anticipating vacancies on the Guide, the transfer request shall be closed and no new transfer request from that tenant shall be considered for one year unless a new request states a different need for a transfer than the prior request or the transfer is requested as a reasonable accommodation of a disability.

• • • Transferees on a borough-wide or NYCHA-wide waiting list will be offered up to two apartments of proper size for the family composition.

• • • Transferees who may choose a development (except transferees for accessible apartments, who may refuse one offer) will be offered one apartment of proper size for the family composition.

• • • Transferees requesting accessible apartments will be offered two proper sized apartments regardless of whether the transferees are on the borough or development waiting list.
      
      

E. Changing Development Choice

1. 1. 1. Non-Accessible apartments
         
         Once a transferee with development choice has been placed on a development waiting list, the transferee may not request another transfer or change his or her development choice, unless the transferee has been on a development’s waiting list for more than two years without having been offered an apartment, or demonstrates changed circumstances requiring a change in location described in Section VII (G) above.
         
         
         
      2. Accessible apartments
         
         Transferees placed on a development waiting list for an accessible apartment do not need to wait two years before choosing another development. If there are no appropriate actual vacancies at their chosen development, they may change their development choice at any time by using the self-service portal.

1. 1. 1. Non-Accessible apartments
         
         Once a transferee with development choice has been placed on a development waiting list, the transferee may not request another transfer or change his or her development choice, unless the transferee has been on a development’s waiting list for more than two years without having been offered an apartment, or demonstrates changed circumstances requiring a change in location described in Section VII (G) above
      2. Accessible apartments
         
         Transferees placed on a development waiting list for an accessible apartment do not need to wait two years before choosing another development. If there are no appropriate actual vacancies at their chosen development, they may change their development choice at any time by using the self-service portal

1. 1. 1. There is no minimum time for which a tenant must reside in an apartment before requesting a transfer.
         
         
      2. Tenants whose previous transfer request was closed will not be reconsidered for a transfer for one year from the date the prior transfer request was closed unless the new transfer request states a different need than the prior request.
         
         
      3. A family on the transfer list for a certain apartment size who subsequently moves to the waiting list for a different size apartment will retain its original certification date on the transfer list.
         
         
      4. Households transferring to a new unit will be required to execute a new lease.
         
         
      5. The security deposit from the old unit will be transferred to the new unit.
         
         
      6. The entire household must transfer to the new unit. The household will not be split to occupy two units.
         
         
      7. In most cases households not in good standing will not be approved for a voluntary transfer (e.g., Warrant for eviction has been issued for non-payment of rent or commencement of Holdover proceedings at Landlord and Tenant Court).