Chapter 4: Waiting List Management

1. Overview

NYCHA maintains its public housing waiting list in accordance with the following guidelines:

• • All applicants and transferees in the pool are maintained in order of preference and priority as described below;
  • Applicants with the same level of preferences and priorities are then ranked by date of application; and
  • All applicants must meet applicable income eligibility requirements as established by HUD.

2. Key Acronyms

• • HUD: U.S. Department of Housing and Urban Development
  • NYCHA: New York City Housing Authority

3. Adding Applicants to Waiting Lists

Applicants who NYCHA determines eligible for housing (i.e., approved application and eligibility interview) and existing residents who have been approved for transfer are referred to as “certified.” NYCHA assigns certified applicants and transferees by apartment size to the following certified waiting lists:

• • • General Population Waiting List

Used for general population housing developments or for all general population properties of a consolidation (i.e., no specific population designated);

• • • Elderly Waiting List

Used for housing developments, buildings within a development, or properties of a consolidation that are specifically for people who are elderly. NYCHA periodically obtains permission from HUD to treat specific housing developments and properties as housing designated for elderly populations only;

• • • Accessible Waiting List

Used for developments with accessible apartments for people with mobility impairments;

• • • Borough Waiting List

Used for certified applicants and transferees eligible for Borough choice only, for vacancies at any appropriate development in the assigned borough; and

• • • Development Waiting List:

Used for certified applicants and transferees eligible for Development choice only, for vacancies in the assigned development.

4. Local Preferences and Priorities

An applicant’s place on the wait list is determined in part by NYCHA-defined preferences and priorities, which are described below. An applicant’s individual attributes determine whether the applicant is eligible for these preferences and priorities. The preferences and priorities can help an applicant advance on the wait list over other applicants who do not qualify for the preferences and priorities. Applicants with the same level of preferences and priorities are then ranked by date of application.

1. 1. 1. Preferences

NYCHA has two local 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; and
      • 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.

1. 1. 2. Priorities

Within the New York City resident preference described above, NYCHA has adopted a Working Family Priority and a Need-Based Priority (discussed below), which it uses to rank each applicant based upon information in the application. If an applicant qualifies for both types of priority, NYCHA assigns both priorities to the application, and whichever causes the applicant to be selected for an eligibility interview is the applicant’s final priority.

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.  

1. 1. 3. The Priority Codes

1. 1. 1. 1. Working Family Priorities

Working family priorities apply only to applicants who are New York City residents — as defined in the table below.

“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”).

Additionally, the “area median income” varies by household size and is revised periodically 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 publishes the changes on its website. The relationship between area median income and NYCHA’s Working Family priorities is explained below.

PRIORITY CODE	WORKING FAMILY PRIORITIES
The applicant or co-applicant must live, work, or will be working in New York City to qualify for a Working Family Priority
W0	Working families 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 listed in W1-W3 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 270 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 ACS and about to be discharged. The primary goal of the program is to help them find suitable housing. The youths are generally 18-20 years of age but may be between 21-23 years of age is ACS grants an exception to extend custody. Independent Living applications generally consist of one person but may be more than one. Applicants referred by ACS under the Family Reunification Program. The program requires that a family have a child or children in foster care and that the only barrier to reunification is the lack of adequate housing. Children reunited on trial discharge will also be entitled to the priority.
W1	Low-Income Limits – Family gross annual income is from 51% to 80% of area median income.
W2	Very Low-Income Limits – Family gross annual income is from 31% to 50% of area median income.
W3	Extremely Low-Income Limits – Family gross annual income is at or below 30% of area median income AND meets the “Working Family" definition below:  One (1) Person Household  The sole member is currently employed or self-employed at least 20 hours per week, or is receiving unemployment or disability benefits, or is 62 years of age or older.  Two (2) Person or More Household  The head of household, or co-head, or family member is currently employed or self-employed 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 or workers compensation;  The head of household and co-head are both 62 years or older; or  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).
W9	Applicants s who are currently leaseholders of either NYCHA public housing or Section 8 assisted apartment and would otherwise qualify as a working family.

1. 1. 1. 2. Need-Based Priorities 

PRIORITY CODE	NEED-BASED PRIORITIES
The applicant or co-applicant must live, work, or will be working in New York City to qualify for a Need-Based Priority.
N0	Applicants with children referred by DHS, pursuant to an agreement with NYCHA, and who qualify for any of the three 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 270 days from the date of displacement. Homeless applicants referred by the NYC HIV/AIDS Services Administration (HASA).    Applicants referred by ACS under the Family Reunification Program. For further details, see the definition under W0 priority above.    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 witness referred by the District Attorney’s Office or other prosecutorial and law enforcement agencies.
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;   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 their current home. Intimidated Witness: Applicants with a family member cooperating in a criminal investigation or prosecution, where a member or 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 policy 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.
N4	Applicants who are involuntarily displaced, paying more than 50% of family gross income for rent, living in substandard housing, or the victim or a hate or bias crime.    Involuntary displacement  Reside in a shelter or place not meant for human habitation;   Reside in transitional housing;   Is 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 the 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 1 bedroom, 5 people in 2 bedrooms).   Resides in an apartment that is inaccessible or inadequate for persons with disabilities.   Victim of a hate or bias crime. Rent Burden - rent burden is greater than 50% of family gross income  Victim of Hate or Bias Crime
N8	Applicants who do not qualify for a need-based priority and are now renting either a public housing or Section 8 apartment, and applicants who do not live, work, or will work in New York City.
N9	Applicants who are leaseholders of either a NYCHA public housing or Section 8 apartment.

1. 1. 4. Order of Apartment Assignment

NYCHA’s computerized Tenant Selection and Assignment Plan (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. 

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 are not able to switch back to a development-specific wait list. While on the borough waiting list, applicants are eligible for any vacant apartment that meets their criteria in that borough. 

Tenants are 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. 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 offers 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 original apartment in the original development. This category is necessary to prevent the assignment of the original apartment to another person.
         
         TIER 2  
         

1. 1. 1. T0-C: Tenants who were required to relocate returning back to original development but not 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 searches 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 occurs 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. 1. 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 are selected by certification date order only.  

Tier 3 consists of the seven categories described listed above. If a referral is found for a specific available apartment, the TSAP system will searches 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 occurs within that same category. Emergency Transfers, Reasonable Accommodation Transfers, and City Agency-Referred Applicants each receive 2 rotations in the Tier 3 cycle.

Among all transfer categories, NYCHA selects intra-development transfers of equal priority by certification date before inter-development transfers eligible for that apartment size.

For a visual representation of the order of apartment assignment, please see the chart located in Appendix C, TSAP Policy, sub-appendix C, Selection Cycle. Refer to Chapter 5, Resident Selection and Apartment Offers, and the TSAP policy for more details.

5. Opening and Closing the Waiting List

From time to time, NYCHA may close the public housing waiting list in whole or in part. NYCHA announces the closing of the waiting list with a press release, on its website, and by other means.

If NYCHA determines that an existing waiting list that has previously been closed does not contain an adequate pool to fill anticipated vacancies, NYCHA notifies the public of its intention to re-open the waiting list with a press release, on its website, and by other means.

6. Outreach

If there is an inadequate pool of applicants to fill actual or anticipated vacancies at a development, NYCHA may reach out to certified applicants or transferees from other waiting lists who meet the outreach development’s eligibility criteria. These certified applicants and transferees are notified that they can request to be added to the outreach development’s waiting list. If this effort does not generate sufficient interest to meet the needs of the outreach development, NYCHA may market the outreach development to generate interest of new applicants.

7. Refreshing Applicant Information on Waiting List

1. 1. 1. Annual Canvass

NYCHA conducts an annual canvass of all certified applicants and transferees on the development or borough waiting list to ensure continued interest in remaining on the waiting list. The canvass letters are sent to applicants and transferees throughout the year based on the certification date.

The applicant or transferee may respond by mail or online via NYCHA’s Self-Service Portal. If, after 30 calendar days, the applicant or transferee does not respond, they are reminded by e-mail or automated phone call, if contact information is available, to respond to the canvass.

If there is no response by mail or online within 60 calendar days of the mailing of the canvass letter, the applicant or transferee request is closed.

1. 1. 2. Active Certified Applicants and Transferees on Waiting List for More than Two Years

Active certified applicants and transferees who have been on the certified waiting list for more than two years without any apartment offers may request to move their application or transfer request to another development or borough waiting list. These requests can be made either online at NYCHA’s Self-Service Portal or by contacting the Customer Contact Center. Active certified applicants and transferees on accessible waiting lists may change their selection at any time.

8. Removal of Application from Waiting List

NYCHA removes applications from the waiting list if an applicant or transferee:

• • Indicates they are no longer interested in public housing or a transfer;
  • Does not appear for a scheduled eligibility interview and fails to contact NYCHA to reschedule within 90 calendar days of the scheduled eligibility interview;
  • Does not submit required additional information within 90 calendar days of the date requested;
  • Does not satisfy debts, including but not limited to rent owed to NYCHA or to another public housing agency in connection with any assisted housing program within 90 calendar days of date NYCHA notifies the applicant of the requirement to satisfy the outstanding debt(s);
  • Does not select a development from among those provided to the applicant by NYCHA as anticipating vacancies. The applicant has 30 calendar days after receiving this information from NYCHA to make their selection;
  • Rejects two apartment offers (for applicants who may not select developments and for applicants for accessible apartments), unless an exception described in Chapter 5(h), Refusal of Apartment Offer applies;
  • Rejects an apartment offer (for applicants who may select a development) from the development to which the applicant has been certified, unless a temporary emergency prevents a move at the time of the offer; or
  • Does not respond within 45 calendar days of notification that the applicant was selected for an apartment. NYCHA form 070.083 Inactive File Letter is mailed advising the applicant that the application has been removed from the waiting list due to failure to respond.

An applicant or transferee whose application or transfer request has been closed and who still wishes to be considered for public housing must wait a year after removal from the waiting list to file a new application or transfer request. NYCHA makes exceptions to this for VAWA cases and reasonable accommodations. A new transfer request may be submitted without time restriction if it is for a reason different than the original request. The new application or transfer request will be considered according to its date of receipt. Information contained in a closed application may be used to verify information contained in subsequent applications.

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