Print icon Print

Chapter 6: Leasing

  1. Overview

It is NYCHA’s policy that all apartments must be occupied pursuant to a dwelling lease agreement that complies with HUD regulations (24 CFR Part 966). This chapter describes leasing activities and NYCHA's policies pertaining to lease execution, security deposits, and other charges.

  1. Key Acronyms

    • AOI: Affidavit of Income
    • CFR: Code of Federal Regulations
    • FDNY: Fire Department of the City of New York
    • HRA: Human Resources Administration
    • HUD: U.S. Department of Housing and Urban Development
    • NYCHA: New York City Housing Authority
    • PIH: HUD Office of Public and Indian Housing
    • RFM: Remaining Family Member
    • VAWA: Violence Against Women Act

  1. NYCHA Resident Lease Agreement

Once an apartment offer has been accepted, NYCHA reviews and discusses NYCHA Form 040.507, NYCHA Resident Lease Agreement, with the prospective resident.

All lessees (head of household and co-head of household, as applicable) must sign two leases when accepting an apartment and paying the rental fees. One copy is given to the head of household and co-head of household as applicable. NYCHA keeps the other copy in the resident file.

  1. Charges/Payments

Each new resident and transferee must pay in advance of move-in the following charges:

    • First full month’s rent;
    • Security deposit equal to one full month’s rent. Security deposits accrue interest, which is credited to the resident’s account annually.

The Human Resources Administration (HRA) may pay the security deposit for residents receiving their assistance. Refer to Chapter 10(k), Security Deposit at Transfer, for more information.

    • Parking (where available) is handled through a third-party vendor and assigned based on availability and eligibility, after residents pay the relevant parking permit fee. NYCHA will provide residents with vendor information.

  1. Orientation/Lease Execution

During the rental interview (refer to Chapter 5(f), Rental Interview, for more information) NYCHA will meet with the new resident to:

    • Verify resident and family members’ identity;
    • Conduct a move-in inspection;
    • Issue keys;
    • Review and sign documents in:
      • The new rental packet:
        • NYCHA Form 040.917, Public Housing Affidavit of Income - New Rental Head of Household;
        • NYCHA Form 040.917A, Public Housing Affidavit of Income - New Rental Authorized Household Members;
        • NYCHA Form 040.013A, Verification of Employment-Tenant;
        • NYCHA Form 040.608, Third Party Verification-Consent to Release Information;
        • NYCHA Form 088.186, Annual Notice Regarding Installation of Stove Knob Covers; and
        • NYCHA Form 088.188, Protecting Your Child from Lead Poisoning and Window Falls.
      • The NYCHA lease agreement packet:
        • NYCHA Form 040.507, NYCHA Resident Lease Agreement -Public Housing;
        • NYCHA Form 040.683, Violence Against Women Act (VAWA) Victim Certification Form (to fill out if applicable—see 24 CFR 5.2005(a)(4);
        • NYCHA Form 040.389, Window Guard Lease Notice to Tenant;
        • NYCHA Form 060.299a, Lease/Commencement of Occupancy Notice for Prevention of Lead-Based Paint Hazards-Inquiry Regarding Child (in English and Spanish);
        • NYCHA Form 060.275, Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (in English and Spanish);
        • NYCHA Form 040.505; Dog, Cat and Assistance Animal Registration, if applicable, after discussion of NYCHA’s pet policy; and
        • Other required documents, as applicable.
    • Distribute other documents in the new rental packet:
        • NYCHA Form 040.821, Highlights of House Rules, Lease, Law, and NYCHA Policy;
        • NYCHA Form 088.180, Letter to Con Ed Customers-Gas Leaks/Carbon Monoxide or NYCHA Form 088.180A, Letter to National Grid Customers-Gas Leaks/Carbon Monoxide;
        • NYCHA Form 040.935, 8 Ways You Can Pay Your Rent;
        • A Home to Be Proud Of a resident handbook; and
        • NYCHA Form 040.945A , Fire Department of the City of New York (FDNY) Emergency Preparedness Guide.
      • The NYCHA lease agreement packet:
        • NYCHA Form 040.683A , Notice of Occupancy Rights Under the Violence Against Women Act; and
        • NYCHA Form 060.284, Protect Your Family from Lead in Your Home (in English and Spanish).
    • Distribute NYCHA Form 040.564, Community Service Policy Overview, and discuss the community service requirements, if applicable.

  1. Utilities

      1. Individually metered utilities

In certain developments where utilities are individually metered (i.e., utilities tracked by apartment), residents pay the utility company directly for their own utility usage. NYCHA grants public housing residents in individually metered developments a monthly utility allowance based on the estimated usage. For more information on monthly utility allowance amounts, please visit the pay rent webpage.

The utility allowance is deducted from the resident’s monthly rent. If the deduction causes the monthly rent amount to be a negative amount (i.e., the utility allowance amount is greater than the rent), a utility reimbursement payment is issued to the resident.

Residents responsible for making their own utility payments must follow the regulations of the specific utility company, including regulations related to payment of deposits. Failure to maintain utility services during tenancy is a lease violation and may lead to eviction.

      1. Master metered utilities

Most NYCHA buildings are master metered (i.e., utilities tracked by building), not individually metered. Residents in master metered buildings do not pay utility bills and they do not receive a utility allowance.

  1. Rent Payments

    • Rent payments are due on the first of each month and can be paid as follows:

Payment Method

Frequency of Payment

A

Online ePayment on NYCHA’s website

Due on the first day of the month. NYCHA residents can use this option to make timed payments at their convenience (e.g., one-time payment, weekly, bi-weekly, etc.).
B

Online payment through a bank’s website or bill payer
C

NYCHA’s Pay-By-Phone payment system

Due on the first day of the month. NYCHA residents can use these options to pay more than once per month.
D

In-person payment at an authorized bank or credit union
E

Mailed payment to Lockbox Provider
F

New York City Office of Payroll Administration Payroll Rent Deduction Program payment

Twice a month, based on payroll dates. This is considered an automatic rent payment.
G

HRA for Public Assistance rent payment

Twice a month, based on HRA check dates. This is considered an automatic rent payment.
H

Authorized Third-Party Payers

Once a month, by the end of the month.
    • Some payment methods may have an associated cost.
    • If there is a change to any household member’s income, the resident’s rent may be recalculated.

Non-Payment of Rent

Non-payment of rent is grounds for eviction. Failure to pay rent on the date fixed for payment, as defined in the resident's lease can result in NYCHA pursuing a proceeding in Landlord & Tenant court to seek eviction for non-payment of rent.

  1. Appliance Agreement

NYCHA residents in individually metered and master metered buildings who have their own appliances such as air conditioners or standalone freezers, must complete NYCHA Form 150.110, Appliance Agreement and return the completed form to property management staff.

Residents in master-metered buildings are also required to pay a monthly recurring utility fee for any extra use of electricity and/or water for the following appliances:

    • Air conditioner;
    • Dishwasher;
    • Standalone freezer; and
    • Washing machine.

Gas or electric clothes dryers are prohibited.

Non-payment of appliance fees is a violation of the Appliance Agreement and of the lease.

  1. Miscellaneous Charges

Miscellaneous charges are fees for additional services (not legal fees) that are charged to the resident’s account, when applicable. These charges include:

    • Property damage fees;
    • Sales and services charges (e.g., key replacements, cylinder changes, and work to repair resident-caused damages); and
    • Interest accrued on retroactive charges.

  1. Authorized Occupants

No one is permitted to reside in a NYCHA apartment during the course of a tenancy unless they are:

    • An authorized household member, as follows:
      • An original household member (listed and approved to be in the household from application);
      • A member added through family growth; or
      • An individual who receives the development housing manager’s written permission to reside in the apartment [the permission can be conditional, temporary (usually not more than one year), or permanent]; and
    • Remaining continuously in the apartment, including on all Affidavits of Income (AOI) (Refer to Chapter 8: Recertifications and Continued Occupancy, for definition and more information) for permanent additions. If a household member moves out, they need NYCHA’s written permission to return to the apartment.

      1. Adding and Removing Household Members

NYCHA’s Public Housing residents are required to report all changes in their household composition, including adding or removing household members. The following NYCHA policies and procedures describe the conditions and timing to report and request household changes and the required documentation needed to accompany requests.

NYCHA will conduct interim recertifications to account for any changes in household composition that occur between annual recertification examination periods. Refer to Chapter 8(f), Interim Recertifications, and Chapter 3(f), Eligibility Determination, for more information.

(1) Addition of Household Member(s)

All additions to the household must be reported and/or requested by completing and submitting the appropriate NYCHA form online via NYCHA’s Self-Service Portal https://selfserve.nycha.info/ or by requesting a paper version at their property management office for completion and submission.

All proposed additions to the household, including permanent, conditional, or temporary additions, will be screened for eligibility as defined in Chapter 3(f), Eligibility Determination and Chapter 7(h)(ii), Enterprise Income Verification System (EIV).

            1. Permanent Addition Requests:

A person who receives permanent permission is added to the lease as an authorized household member and may have remaining family member rights based on the Remaining Family Member Grievance criteria covered in Section K of this Chapter. The individual’s income is included in the household’s annual income and the household is eligible for all applicable deductions attributed to the individual for rent calculation purposes.

All permanent additions to households residing in a senior building must meet senior building requirements, or once the addition is approved, the household must submit a transfer request form to be moved to an appropriate development to meet the updated household composition if the individual(s) added to the household does not meet senior building requirements.

All permanent requests to add a minor household member must be supported with documentation that the added minor household member will reside with the requesting household at least 51% of the time if the minor currently resides in NYCHA housing or other affordable housing programs.

With the exceptions of birth, adoption, court-awarded custody or legal guardianship, marriage, or domestic partnership addition requests, NYCHA will only consider requests from tenants (lessees) or co-tenants (co-lessees) who, at the time of application, are: (1) in good standing; (2) current in annual recertifications; and (3) not owing rent arrears. NYCHA will not approve requests for permanent household additions if the addition would result in an overcrowded situation based on NYCHA’s occupancy standards as outlined in Chapter 5(c), Occupancy Standards. Exceptions may be granted on a case-by-case basis pursuant to NYCHA’s Reasonable Accommodation policy (refer to Chapter 2(d), Reasonable Accommodations for additional information) if the family can demonstrate that there are medical needs, including reasonable accommodations, which should be considered by NYCHA.

Birth, Adoption, Court-Awarded Custody or Legal Guardianship, Marriage, or Domestic Partnership Addition Requests

Household changes related to birth, adoption, or court-awarded custody must be reported within 30 calendar days of the birth or decree by the head of household or co-head with the completion and submission of an annual or interim recertification and supporting documentation (e.g., birth certificate, evidence of adoption, or other legal custody).

If the requested change in household size results in the household being overcrowded, NYCHA will follow its transfer policy. The head of household or co-head must start a request by submitting NYCHA Form 040.050, Transfer – Tenant Request for Transfer, as outlined in Chapter 10, Transfers.

Other Permanent Household Addition Requests

Other permanent household members may include:

            • A single person, who may be an elderly, displaced, or near-elderly person or any other single person; or
            • A person who maintains an interdependent relationship and whose resources are available to meet the needs of the family.

NYCHA must approve all requests before the individual moves into the apartment. This includes former authorized household members who had previously been removed. The head of household or co-head must complete and submit an annual or interim recertification for approval.

            1. Conditional Permission Requests:

A person who receives conditional permission is added to the lease as an authorized household member but does not have remaining family member rights. The approval is granted for as long as the conditional need continues.

            • Live-in Guardians

A Live-in Guardian is a person who has legal guardianship of a ward as defined below:

            • A minor child or incapacitated person who is an authorized household member and is eligible to succeed to lease the former head of household’s NYCHA apartment as a remaining family member, except that the ward does not have the legal capacity to sign a lease.

A Live-In Guardian will receive conditional permission to reside in the apartment until the ward reaches the age of 18. Conditional permission does not give a Live-in Guardian remaining family member rights to the apartment unless their relationship to the ward changes. For example, if the Live-In Guardian adopts the ward, they may be eligible for permanent permission to reside in the household.

NYCHA must approve all requests before the individual moves into the apartment. The proposed Live-in Guardian must complete and submit an annual or interim recertification for approval.

The Live-In Guardian’s income is included in the household’s annual income and the household is eligible for all applicable deductions attributed to the individual for rent calculation purposes.

              • Live-in Aides

A live-in aide is a person who lives with one or more elderly persons, near-elderly persons, or persons with a disability and whom NYCHA has determined:

            • Is essential to the care and well-being of the person;
            • Is not obligated for the financial support of the person; and
            • Would not be living in the apartment except to provide necessary support services.

NYCHA must approve all requests for a live-in aide before the individual moves into the apartment. The head of household or co-head must complete and submit an annual or interim recertification for approval.

The live-in aide can remain in the household while they provide care to the household member. Their income is not included in the household’s annual income, nor is the household eligible for any applicable deductions attributed to the live-in aide.

              • Foster Children and Adults

Foster children are members of the household who are under 18 years of age or a household member who is 18 years or older, a full-time student, and under the control and responsibility of someone other than their parents due to placement by a New York State or New York City agency.

A foster child is a member of the household who meets the definition of a foster child under State Law. In general, a foster child is placed with the family by an authorized placement agency or by judgment, decree, or other order of any court of competent jurisdiction.

A foster care adult is a member of the household who is 18 years of age or older and for whom the family provides necessary shelter, care, and protection. They are usually a person with a disability, unrelated to the resident family, and are unable to live alone.

A foster adult is a member of the household who is over 18 years of age or older and meets the definition of a foster adult under State Law. In general, a foster adult is unable to live independently due to a debilitating physical or mental condition and is placed with the family by an authorized placement agency or by judgment, decree, or other order of any court of competent jurisdiction.

Family members cannot be considered foster children or adults unless they are participating in an official New York State or New York City foster care program.

NYCHA must approve all requests before the individual moves into the apartment. The head of household or co-head must complete and submit an annual or interim recertification for approval.

The income of foster children and adults is not included in the household’s annual income and the household is not eligible for any applicable deductions attributed to the foster children or adults. Foster children/adults do not have remaining family member rights.

            1. Temporary Addition Requests:

\NYCHA may grant temporary occupancy in certain circumstances. The income of an approved temporary occupant is not included in the household’s annual income and the household is not eligible for any applicable deductions attributed to the temporary occupant. Temporary occupants do not have remaining family member rights.

              • Former Foster Care Siblings

Residents who are former foster youth may add their unrelated former foster siblings to their household on a temporary basis for up to one year from the initial date of approval. The head of household or co-head may request an extension of time for the temporary occupant(s) before the original approved request expires.

If the addition of unrelated former foster siblings to the household would create an extremely overcrowded condition, NYCHA may still approve the addition if the resident has:

• Previously been under the care and custody of the New York City Administration for Children’s Services (ACS);

• Been placed in foster care by ACS; and

• Been referred by ACS to NYCHA as a public housing applicant under an independent living preference or verified by ACS as a former foster youth who was in the care and custody of ACS.

NYCHA must approve all requests before the individual moves into the apartment. The head of household or co-head must complete and submit the appropriate NYCHA form for approval.

              • Family Re-Entry Program

The Family Re-Entry Program is designed to reunite individuals leaving prison and/or jail with their families who live in NYCHA public housing and to provide them with re-entry services.

1. Eligible

Individuals are eligible to apply for the NYCHA Family Re-Entry Program if they meet the following criteria.

          • 16 years of age or older;.  
          • Released from jail or prison within the previous three years; and 
          • Have an authorized Head of Household or Co-head that is willing to take the individual applicant into their home.   

Individuals are ineligible if they fall into any of the following categories:

          • Have been convicted of producing methamphetamines in public housing;.  
          • Have a criminal record of sex offenses and must register for life, related criminal activity within the past three years. (note: NYCHA may admit the household within the three-year period if the household member has completed a supervised rehabilitation program or the circumstances leading to the eviction no longer exist.); or  
          • Are currently engaged in alcohol or illegal substance abuse. (per 24 CFR § 960.204).   
          1. Application/Screening 
          1. Each applicant will be evaluated in a Family Re-Entry Screening Committee Meeting for pre-screening. If approved, the application will move forward to the formal screening process, where the Screening Committee will meet again, review all information relevant to the application, and decide whether the application will be approved, deferred, or denied.
          2. NYCHA receives applications for the Family Re-Entry program from participating partner providers. These applications are evaluated on a case-by-case basis.  They are presented to a screening committee composed of members of the Family Re-Entry Unit, as well as members from the Applications and Tenancy Administration Department (ATAD), and the Management Services Department (MSD). Any evidence that the applicant may offer to support the suitability of their acceptance to the Family Re-Entry program should be submitted in the application. The participant will also be interviewed by a member of the Family Re-Entry team.
          3. Head of Household must be willing to allow the applicant to move into their home. The applicant will not be permitted to move into a household that is extremely overcrowded, nor can the addition of the applicant create a condition of extreme overcrowding, if approved.  Applicants cannot move into apartments until the screening processes have been completed, the screening committee has approved the applicant, and the applicant and household have completed all required documents. 
          4. A household may be permitted to have more than one participant in the home. This decision is made on a case-by-case basis.  
          5. During the Pre-Screening meeting of the Family Re-Entry Screening Committee, the Committee reviews relevant criminal history of the applicant, the completed application documents, notes made by the provider on their interactions with the applicant, relevant history of the household, and statements or supporting documents submitted by the applicant. During this meeting, the Screening Committee will decide whether the applicant should move forward to the next stage. 
          6. If the applicant is approved to move forward during the pre-screening by the Screening Committee, Family Re-Entry will schedule a home visit with the Head of Household and a separate interview with the applicant.
          7. The entire application, relevant criminal history for the applicant, notes on the relevant history of the household, and notes on the home visit and applicant interview are collected. After they are collected, the Family Re-Entry Screening Committee will review and decide on whether the application will be approved, deferred, or denied.
          8. Applicants must have alternative addresses when applying for this program. If they are not accepted, they must have another possible housing accommodation.    
          1. Acceptance/Admission to the Program  
          1. If an applicant is accepted, they will receive a letter of acceptance from Family Re-Entry. They also will receive a Participant Agreement that must be signed and returned to NYCHA. The Head of Household and any people who are living in the household who are 18 or older must also sign and return a Family Contract Agreement. The Head of Household and Applicant must sign and return a Temporary Permission form. The Temporary Permission Form allows the participant to live in the apartment for up to two years. During this two-year period, the participant’s income will not be factored into the rent calculation for the household.    
          1. The Participant Agreement requires that the participant receive case management for at least six months and to must work with a case manager and successfully complete program goals, which. Goals may include obtaining employment, or attending relevant treatment programs, attending school, and opening a bank account. Program goals are based on each participant’s individual needs. 
          1. The Family Contract Agreement requires that the Head of Household agree that they understand the terms and conditions of the Family Re-Eentry Program, including but not limited to: meeting with NYCHA if necessary; making efforts to cooperate with requests from NYCHA and case management services supporting the participant; and understanding that all tenancy obligations as described in their lease remain the same. The Family Contract also reiterates that the participant is not entitled to remaining family member rights, and that the Head of Household may request to add the participant to the household (60) days before the participant has reached the expiration of the two-year temporary permission to reside in the apartment.  
          1. If there is a permanent exclusion or trespass ban for the participant in place, Family Re-Entry will assist in the temporary suspension of the permanent exclusion and/or trespass ban for the two-year duration of the program. The Head of Household may apply to permanently remove the permanent exclusion and participants may apply to remove the trespass ban at the end of the two-year period. 
            1. Deferrals 

Applications may be deferred if the committee wishes to see more information about an applicant’s suitability for Family Re-Entry.   

            1. Denials 
            • Applications may be denied if the applicant and/or Head of Household do not meet the criteria set forth for them in preceding sections.   
            • Applicants may re-apply following a denial if the denial is for reasons other than being outside the required three-year window from release. 
            1. Completion
            • As the participant and Head of Household approach the two-year maximum temporary permission offered through Family Re-Entry, the participant and Head of Household must decide whether the participant wishes to be added to the lease as a permanent household member, or if the participant wishes to find another housing accommodation. If the participant is added to the lease, their income will be factored into the family composition for the calculation of rent. 
            • NYCHA will perform a criminal background check to verify that the participant has not been convicted of any offense during their participation in the Program.  If the participant passes the criminal background check and if NYCHA approves the request, the participant will become an authorized, permanent household member, and their income will be included in the calculation of the family’s rent.  If the criminal background check reveals that the participant has been convicted of any offense during their participation in the Program, NYCHA will determine whether permanent permission should be granted. If NYCHA decides to deny permanent permission, the participant will be excluded from the Apartment within thirty 30 days of NYCHA’s denial.  
            • If the participant will not be added to the lease after the two years have passed, the participant must provide proof (e.g., utility bill, State ID, etc.) that they are residing at a new address.    

              • Other Temporary Occupants

NYCHA residents can request that any other individuals be added on a temporary basis for up to one -year. If the temporary addition(s) would create an overcrowded condition, NYCHA may still approve the temporary addition. Please note that NYCHA will not approve a temporary addition if it creates an extremely overcrowded condition.

NYCHA must approve all requests before the individual moves into the apartment. The head of household or co-head must complete and submit the appropriate NYCHA form for approval.

          1. Removal of Household Member(s)

          • Co-Head of Household: NYCHA removes a co-head upon the head of household’s completion of NYCHA Form 040.032, Notice of Intent to Vacate form and the submission of proof that the co-head of household has permanently moved out of the apartment.

          • Authorized Permanent Household Member: A head of household or co-head of household may request NYCHA to remove an authorized permanent household member from the family composition, as follows:

          • The head of household or co-head of household completes NYCHA Form 040.643, Public Housing Request for Interim Change/Removal of Household Member and submits it to property management anytime during the year, or during annual review processing by checking “remove” next to the person’s name – under section “O” of the AOI (online or on NYCHA Form 040.297, Public Housing Affidavit of Income – Annual Recertification);

          • The head of household or co-head of household must submit proof that the person has moved from the apartment, documenting one of the following categories:

          • Non-Residency – To verify that the person does not live in the apartment when the person’s new residence is unknown, submit documents, such as a Court Order of Protection excluding the person from the apartment, or a Police Report which includes a statement that the person left the apartment;

          • Alternate Residency – To verify that the person lives at another address, submit documentary proof listing the alternate address, such as a copy of a lease, utility bill, driver’s license, or a non-driver identification; or

          • No Proof of Non-Residency or Alternate Residency – The head of household or co-head of household must indicate why proof of non-residency or alternate residency cannot be provided.

          1. NYCHA’s Removal of a Household Member

When NYCHA is made aware by an authorized household member or their representative that they are no longer residing in a NYCHA apartment, and the head of household or co-head of household is refusing or delaying removal of household member, NYCHA will do the following:

          • Contact the head of household or co-head of household and ask them to remove the member who is no longer residing in the apartment. If within five business days of property management meeting with the resident, a request has not been made to remove a member via an Annual or Interim Recertification, property management will send the resident NYCHA Form 040.185, Termination of Tenancy & Possibly Subsidy-Call-In Letter for Breach of Rules and Regulations, based on their non-compliance with their lease which requires them to report changes to their household within 30 calendar days of the change occurring. The resident will have two business days from the response date on NYCHA Form 040.185 to contact property management.

          • If the resident responds to NYCHA Form 040.185 and/or complies with the request to remove the member seeking removal, NYCHA will take no further administrative action on the matter.

          • If the resident responds to NYCHA Form 040.185 but still does not remove the member within three business days after speaking with NYCHA or:

          • If the resident does not respond to NYCHA Form 040.185 within three business days of the response date,

NYCHA will remove the member seeking removal if they or their representative submit NYCHA Form 042.806, Consent of Removal. This form must be submitted with a document that proves their alternate housing. Upon removal of the household member, property management will send the resident NYCHA Form 042.805, Notice of Removal which informs the resident that NYCHA has removed a member from their household upon the member’s request.

  1. Remaining Family Member

After a tenancy ends (the lessee(s) moves out or dies), a person can take over a NYCHA lease if they qualify as a Remaining Family Member (RFM) and are otherwise eligible for the NYCHA apartment, as described below:

    • Remaining Family Member: A person has RFM status if they:
      • Were an authorized household member listed on the lease during the course of the tenancy, as follows:
        • An original household member;
        • A member added through family growth; or
        • An individual who received NYCHA’s written permission to permanently reside in the apartment.
    • The person seeking RFM status must have resided in the apartment for at least 12 months from the date the permanent permission was granted in writing and for at least 12 months immediately prior to the date the resident vacated the apartment or died; and
    • Remained continuously in the apartment, including on all Affidavits of Income (AOI). Refer to Chapter 8, Recertifications and Continued Occupancy, for definition and more information); and
    • Otherwise Eligible: An RFM is otherwise eligible to succeed to a NYCHA apartment if they:
      • Have the legal capacity to sign a lease;
      • Pass a criminal background and sex offender screening; and
      • Have provided verifiable income and household information on which to calculate a rent.
    • For elderly-only apartments with age requirements, a person must meet all RFM and Otherwise Eligible qualifications listed above and;
      • If they meet age requirements, they may remain in the senior citizen apartment; or
      • If they do not meet the age requirements, NYCHA will offer a lease to the senior apartment in which they reside if they first sign a request to transfer to an apartment of correct size within a general population building.

An RFM household who qualifies to succeed to a NYCHA apartment must also move to an apartment of correct size, if required based on NYCHA’s Occupancy Standards.

NYCHA will notify people seeking RFM status of their right to request a grievance if they disagree with a decision, action, or failure to act by NYCHA. Refer to Chapter 12, Grievances, for more information.

  1. Emergency Entry into Apartments

NYCHA may enter apartments at any time without advance notice when there is reasonable cause to believe that an emergency exists.

In deciding whether there is an emergency that requires entering a resident’s apartment without the resident’s consent, NYCHA will consider if entry is required to:

    • Protect the health or safety of the resident(s) of the apartment;
    • Protect the health or safety of other residents in the building; or
    • Prevent damage to the apartment, its contents, or the building.

  1. Smoke-Free Public Housing

NYCHA prohibits the smoking of tobacco products and marijuana inside public housing apartments; in all indoor common areas; and within 25 feet of public housing buildings or to NYCHA’s property boundary if less than 25 feet from a NYCHA building. Local law also prohibits smoking in playgrounds. Smoking in these areas is a violation of the public housing lease. Prohibited tobacco and marijuana products are any item that involves the ignition and burning of tobacco and/or marijuana leaves, including cigarettes, cigars, pipes, and water pipes (hookahs).

NYCHA enforces the Smoke-Free policy with escalated warnings to residents and a progressive enforcement process, which includes educating residents about the hazards of smoking and providing smoking cessation resources.

It is the responsibility of residents to inform their guests and visitors of the Smoke-Free policy and to ensure guests and visitors do not violate the policy. Residents are accountable for their own violations of the policy, as well as violations of their guests and visitors.

  1. Modifications to the Lease

The lease may be modified at any time by written agreement of the resident and NYCHA. When changes in laws or regulations require amendment or revision of the lease, NYCHA may amend or revise the lease. NYCHA provides residents a 30-day written notice of proposed modifications to its lease, prior to implementation. Residents may present written comments for consideration prior to the proposed modification. NYCHA will consider all comments before formally adopting changes to the lease.

After proposed changes have been approved to be added into the lease, residents will be notified at least 30 calendar days in advance of the effective date of the lease revision and will be required to sign lease addendum acknowledging understanding of changes to lease. A resident’s refusal to accept lease revisions is grounds for termination of tenancy.

  1. Non-Public Housing Over-Income Household Lease

Under federal law and HUD regulations, residents whose annual income exceeds the over-income limit for 24 consecutive months must sign a new non-public housing over income lease with NYCHA, which includes an alternative non-public housing rent (alternative rent). The lease must be executed no later than 60 days after the over-income determination notice. Refer to Chapter 8(h), Over-Income Residents, for more information.

  1. Home-Based Businesses

Overview:

NYCHA residents may operate home-based businesses in their NYCHA apartments, provided that the business and related business activities are legal and the resident conducts the business in compliance with all applicable laws and regulations. The apartment must be used primarily as a residence, and the home-based business must be incidental to the use of the apartment as a residence.

Resident Responsibilities:

For all home-based businesses operating in a NYCHA apartment, it is the resident’s responsibility to:

    • Identify and follow the laws, regulations, and codes applicable to the business.
    • Comply with all sections of the NYCHA lease, House Rules, and policies addressing the use of the apartment and the operation of a home-based business.
    • Obtain any licenses, certifications, or permits needed to operate the business, and keep them up to date while the business is operating.
    • Get and maintain all required insurance coverage and keep it up to date while the business is operating.

Permission to operate a home-based business is automatically revoked and the business activities must stop if the resident fails to meet any of these requirements.

Conducting a home-based business does not entitle a resident to transfer to a larger apartment.

Home-Based Business Must Be Incidental Use of Apartment as a Residence:

    • The NYCHA apartment must be used primarily as a residence.
    • The NYCHA apartment cannot be converted into a business office.
    • The use of the apartment for a business must be incidental to the use of the apartment as a residence.
    • If a home-based business or business activities would substantially interfere with the use of the apartment as a residence, a resident may not operate that business in their NYCHA apartment.

Reporting Income from Home-Based Business:

Residents must report all self-employment or business income, including income from a home-based business, in their Affidavit of Income (AOI) when they submit their annual recertifications. Refer to Chapter 7: Rent Calculation and Verifications, and Chapter 8: Recertifications and Continued Occupancy, for more information.

Examples of Permissible Home-Based Businesses and Business Activities:

Below is a non-exclusive list of permissible business activities a resident can operate in their NYCHA apartment, provided that they meet all resident responsibilities described above, and provided that the resident’s use of the apartment for a home-based business is incidental to its use as a residence as described above.

    • Communications activities:
      • Businesses conducted by telephone, computer, internet, web cam or fax machine, such as web design, telemarketing, or IT support.
    • “Back Office” or Paperwork Activities:
      • Envelope stuffing, mailings, billing, payroll preparation, or bookkeeping.
    • Daycare activities:
      • Informal babysitting and caring for children, the elderly, or disabled. The number of individuals cared for must correspond with the license or permit for the business.

Prohibited Business Activities:

A resident may not conduct business activities or a home-based business in a NYCHA apartment if those activities or that business:

    • Is illegal or not in compliance with the law, NYCHA rules, or policies in the lease or other documents.
    • Makes it difficult or impossible to use the apartment as a residence.
    • Converts the residence into a business office.
    • Modifies the structure of the apartment.
    • Causes excessive use of utilities (electricity, gas (cooking), or water).
    • Increases the risk of vermin infestation.
    • Involves the preparation and sale of food or beverages, e.g., catering or restaurant.
    • Disturbs other residents.
    • Creates excessive foot traffic on the premises.
    • Increases the risk of fire or explosion.
    • Involves the preparation or use of products containing flammable, toxic, or hazardous chemicals.
    • Causes a large volume of mail or packages to be delivered to the premises.
    • Poses any hazard to residents, staff, or property.
    • Involves personal grooming services, e.g., beauty/barber and/or nail/manicuring services.
    • Involves grooming services to household pets and/or other animals.
    • Involves the use of heavy machinery.
    • Generates excessive heat, noise, or vibration.
    • Involves selling, possession, warehousing, using, repairing, or distributing firearms, ammunition, explosives, or other deadly or dangerous weapons.
    • Involves the sale of controlled substances.

Revocation of NYCHA Permission to Operate a Home-Based Business:

NYCHA will automatically revoke permission to operate a home-based business in a resident’s apartment if the resident does any of the following:

    • Engages in any of the prohibited business activities described above.
    • Fails to maintain the business in accordance with the law, NYCHA rules, or policies in the lease or other documents.
    • Fails to maintain and comply with all necessary and applicable licenses, permits, or insurance.

Property management shall inform the resident about NYCHA objections to the conduct of the home-based business through NYCHA form 040.185, Termination of Tenancy & Possibly Subsidy – Call-In Letter: Public Housing and Section 8: TENANT or PROJECT Based.

Cure Period:

If the resident cures the objectionable conduct/situation within 14 days of receiving the Call-In Letter, then staff shall not pursue a termination of tenancy case. The resident can continue to perform the business activities.

Penalties for conducting a prohibited business or prohibited business activities

If a resident conducts a prohibited business or business activities in their apartment, or if the business results in violation of the resident’s obligations under the lease, NYCHA may commence proceedings to terminate the tenancy. See Chapter 11, Lease Terminations, for more information.

Questions about home-based businesses

Residents should contact their property management office or NYCHA’s Office of Resident Economic Empowerment & Sustainability (REES) if they have questions about operating a home-based business.

Residents may utilize the “Home-Based Business Checklist” located on NYCHA’s

website to help determine whether a proposed business is permissible:

http://opportunitynycha.org/business-development/home-based-business/

If the resident does not have internet access or needs assistance completing the on-line checklist, the resident may visit their property management office for assistance.

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