Annual and Interim Recertification and Ongoing Program Participant Obligations.
68 RCNY § 9-07
in effect§ 9-07 Annual and Interim Recertification and Ongoing Program Participant Obligations.
(a) Annual Recertification.
(1) Subject to the availability of funding, HRA shall recertify a household for continued participation in HRA HOME TBRA if:
(A) the household's adjusted income does not exceed 80 percent of the area median income;
(B) at least one member of the household is a citizen or qualifying noncitizen as set forth in paragraph (4) of subdivision (a) of 68 RCNY § 9-03; and
(C) the household continues to reside in the assisted unit.
(2) HRA will determine a household's eligibility for recertification at the end of each year of the household's participation in HRA HOME TBRA. Prior to annual recertification, HRA will recalculate the total monthly household contribution and the HRA HOME TBRA rental assistance amount pursuant to 68 RCNY § 9-08. Except as provided in subdivision (c) of this section or 68 RCNY § 9-10, the total monthly household contribution and HRA HOME TBRA rental assistance amount will not change during the one-year recertification period, regardless of changes in household composition or income.
(3) A household's eligibility for recertification is conditioned on the household's timely cooperation with any requests by HRA for household information and documentation.
(b) Changes in Household Composition Prior to Annual Recertification.
(1) Program participants must report to HRA any changes in household composition within thirty (30) days of such changes occurring.
(2) When informed of changes in household composition prior to annual recertification, HRA shall conduct an interim recertification to determine the household's continued eligibility and whether the change in household composition results or will result in an HQS failure. If an HQS failure has resulted or will result, the household shall be responsible for remedying or avoiding such failure, including requesting prior approval pursuant to paragraph (1) of subdivision (a) of 68 RCNY § 9-10 to move to a new unit. If the household's change in composition affects the household size, a new unit size will not be assigned pursuant to subdivision (a) of 68 RCNY § 9-08 until the household's next annual recertification and the household's rent standard amount will not change until such recertification. If the household's change in composition results in a change in household income, the provisions in subdivision (c) of this section shall apply.
(c) Changes in Income Prior to Annual Recertification.
(1) Program participants may report changes in household income to HRA at any time prior to annual recertification.
(2) When informed of an increase in household income prior to annual recertification, HRA may conduct an interim recertification to determine the household's continued eligibility. In the event of an interim recertification pursuant to this subdivision, HRA may recalculate the total monthly household contribution and the HRA HOME TBRA rental assistance amount pursuant to 68 RCNY § 9-08.
(3) When informed of a decrease in household income prior to annual recertification, HRA shall conduct an interim recertification and recalculate the total monthly household contribution and the HRA HOME TBRA rental assistance amount pursuant to 68 RCNY § 9-08.
(d) A household's participation in HRA HOME TBRA will be terminated during the Rental Assistance Contract term if:
(1) HRA determines that a household member knowingly permitted another individual who is not eligible for HRA HOME TBRA due to immigration status in accordance with Part 5 of Title 24 of the Code of Federal Regulations and Section 1436a of Title 42 of the United States Code to reside on a permanent basis in the assisted unit. In such an event, the household will be barred from submitting a new application for HRA HOME TBRA for not less than 24 months. This provision does not apply to a household if the ineligibility of the ineligible individual was considered in calculating the prorated HRA HOME TBRA rental assistance amount pursuant to subdivision (e) of 68 RCNY § 9-08.
(2) The household is absent from the assisted unit for more than a total of 180 days in a 12-month period in any circumstance and for any reason.
(3) The household is absent from the assisted unit for 90 consecutive days unless the household establishes:
(A) That the absence from the unit was due to exceptional circumstances beyond the household's control, such as hospitalization;
(B) That the household intends to return to the assisted unit within 180 days of departure; and
(C) That the household is not maintaining an alternative residence.
(4) The household fails to grant access to the assisted unit for an HQS inspection pursuant to 68 RCNY § 9-09.
(5) The household is responsible for an HQS failure related to the performance requirements and acceptability criteria set forth in Section 982.401 of Title 24 of the Code of Federal Regulations and the household fails to remedy the HQS failure within the period specified by HRA. Such HQS failure may result from actions or inactions that include but are not limited to the household's failure to pay for any utilities for which the household is responsible for payment, or damage to the dwelling unit or premises beyond ordinary wear and tear caused by any member or guest of the household.
(6) The household fails to comply with program obligations.
(7) The rental assistance amount calculated pursuant to subdivision (c) of 68 RCNY § 9-08 has been zero for six months.
(Added City Record 11/30/2015, eff. 12/30/2015)
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-95339Fetched: 10/24/2026