CityFHEPS – Project-Based Rental Assistance

RCNY tit. 68, ch. 10, subch. B

in effect

68 RCNY § 10-16 Subchapter B Units.

§ 10-16 Subchapter B Units. (a) HRA will designate certain housing units in New York City as Subchapter B units towards which rental assistance under this subchapter may be applied. Subchapter B units will be operated by not-for-profit providers pursuant to contracts with the City and will be targeted to specific populations within DHS shelters who meet the requirements set forth in 68 RCNY § 10-03(a)(1) - (6) or 68 RCNY § 10-04(a). Subchapter B units may comprise an entire building or a substantial number of units within a building. HRA will designate Subchapter B units based on factors including the provider's capacity, geographic location and demonstrated level of organizational capability, and the best interests of the City. Prior to a CityFHEPS participant moving in, each Subchapter B unit must pass a safety and habitability assessment performed by DSS or another public agency approved by DSS. (b) Tenants of Subchapter B units must have either an occupancy agreement or a rent-stabilized lease with a Subchapter B provider. The rents shall be set by contract and be equal to the lesser of the legal rent for the unit or the maximum rent set by HRA pursuant to 68 RCNY § 10-05. (c) Subchapter B providers must make case management services available to tenants of Subchapter B units. (Added City Record 10/28/2021, eff. 11/28/2021)

68 RCNY § 10-17 Initial Eligibility.

§ 10-17 Initial Eligibility. To be eligible for an initial year of CityFHEPS rental assistance under this subchapter, a household must meet the requirements of 68 RCNY § 10-03(a)(1) - (6) or 68 RCNY § 10-04(a) and, after receiving a referral from HRA, have applied for and been accepted into a Subchapter B unit. (Added City Record 10/28/2021, eff. 11/28/2021)

68 RCNY § 10-18 Calculation of the CityFHEPS Rental Assistance Payment Amount.

§ 10-18 Calculation of the CityFHEPS Rental Assistance Payment Amount. (a) The monthly CityFHEPS rental assistance payment amount on behalf of a household under this subchapter will be calculated pursuant to 68 RCNY § 10-06(a) and (b), using the maximum monthly rents set forth in 68 RCNY § 10-05. (b) Except as provided in 68 RCNY § 10-20, a household's CityFHEPS rental assistance payments will not change until renewal, regardless of changes in household composition, income, the maximum monthly rent, or the actual rent for the Subchapter B unit. (c) Payment of the monthly CityFHEPS rental assistance amount will be made pursuant to contract between the City and the not-for-profit provider operating the Subchapter B unit. When a household leaves a Subchapter B unit, HRA will make all reasonable efforts to assist the provider in assigning the unit to another eligible household to minimize or eliminate any gap in rent payments to the provider. (Added City Record 10/28/2021, eff. 11/28/2021)

68 RCNY § 10-19 Renewals and Restorations.

§ 10-19 Renewals and Restorations. (a) Subject to the availability of funding, a household receiving CityFHEPS rental assistance under this subchapter will receive annual renewals of such assistance for as long as it continues to meet the following eligibility requirements: (1) The household is in substantial compliance with program requirements; and (2) The household continues to reside in the unit for which it was approved to receive CityFHEPS rental assistance payments, and the unit continues to be designated as a Subchapter B unit. (b) Where a household is not in substantial compliance with program requirements, the Commissioner in the exercise of discretion may renew the household's participation in the CityFHEPS Program if the household establishes good cause for failure to comply with program requirements, consistent with Section 351.26 of Title 18 of the New York Codes, Rules and Regulations. (c) Subject to the availability of funding, if a household is not renewed for CityFHEPS under this subchapter, the household may be restored within one year of termination if it meets the renewal requirements under this subchapter at the time it applies for restoration, except that a household that has been terminated pursuant to 68 RCNY § 10-20(e) may be restored at any time if it meets the renewal requirements under this subchapter at the time it applies for restoration and its CityFHEPS rental assistance amount is calculated to be above zero. If more than one year has passed since termination, the household may have its participation in CityFHEPS under this subchapter restored only for good cause. (d) The Commissioner will determine a household's eligibility for renewal at the end of each year of the household's participation in the program under this subchapter, subject to the availability of funding. Prior to annual renewal, the Commissioner will recalculate the household's CityFHEPS rental assistance payments pursuant to 68 RCNY § 10-18. Except as provided in 68 RCNY § 10-20, the household's CityFHEPS rental assistance payments will not change during the one-year renewal period, regardless of changes in household composition or income. (Added City Record 10/28/2021, eff. 11/28/2021)

68 RCNY § 10-20 Adjustments to CityFHEPS Rental Assistance Payment Amount, Discontinuance of Rental Assistance Payments, and Program Termination Prior to Renewal.

§ 10-20 Adjustments to CityFHEPS Rental Assistance Payment Amount, Discontinuance of Rental Assistance Payments, and Program Termination Prior to Renewal. (a) At the household's request, when the household's income has changed in such a manner that would decrease the household's base client contribution, the Commissioner will recalculate the CityFHEPS rental assistance payment amount in accordance with 68 RCNY § 10-18. (b) If a household's PA shelter allowance increases prior to renewal such that the sum of the CityFHEPS rental assistance payment and the PA shelter allowance exceeds the household's rent, HRA shall reduce the CityFHEPS rental assistance amount so that it equals the difference between the household's PA shelter allowance and the rent. (c) The Commissioner will discontinue CityFHEPS rental assistance payments on behalf of a household under this subchapter if: (1) The household leaves the Subchapter B unit; (2) The unit loses its designation as a Subchapter B unit; or (3) The household's participation in CityFHEPS is terminated and the household is not receiving continued assistance pursuant to 68 RCNY § 10-13(e), as incorporated into to this subchapter pursuant to 68 RCNY § 10-23. (d) The Commissioner may terminate a household's participation in the CityFHEPS Program prior to renewal if the Commissioner determines that the household has failed or refused without good cause to comply with the requirements set forth in 68 RCNY § 10-22. (e) The Commissioner will terminate a household's participation in the CityFHEPS Program prior to renewal if the household's rental assistance amount has been zero for more than one year. (Added City Record 10/28/2021, eff. 11/28/2021)

68 RCNY § 10-21 Moves and Referrals to CityFHEPS Subchapter A.

§ 10-21 Moves and Referrals to CityFHEPS Subchapter A. For good cause, HRA may grant approval for a move from one Subchapter B unit to another or a referral for a Subchapter A shopping letter. For purposes of this section, good cause includes when a Subchapter B unit has lost or will lose its designation as a Subchapter B unit, or when the household's size has decreased resulting in a difference between the rent and the CityFHEPS rental assistance amount that is greater than 40 percent of the household's total monthly gross income. (Added City Record 10/28/2021, eff. 11/28/2021)

68 RCNY § 10-22 Household Requirements.

§ 10-22 Household Requirements. (a) The household must: (1) Provide accurate, complete and current information on income and household composition; (2) Provide supporting documentation as necessary to verify eligibility and the information needed to determine the CityFHEPS rental assistance payment amount, maximum monthly rent, and any required contributions by household members; and (3) Agree to have its CityFHEPS rental assistance payments paid directly to the landlord. (b) The household must pay to the landlord each month the difference between the CityFHEPS rental assistance payment amount and the household's rent, minus any PA shelter allowance and any third party contributions paid to the landlord. (c) The household must promptly notify the landlord if its total monthly gross income decreases or its household size changes. If the household resides in an SRO and plans to add to the household a person under the age of 18, it must inform the landlord immediately so that the household can be given the opportunity to seek approval to move to an appropriate unit pursuant to 68 RCNY § 10-21. (d) If any member of the household has been determined to be eligible for HRA shelter under Section 452.9 of Title 18 of the New York Codes, Rules and Regulations, the household must not include the perpetrator of the domestic violence that resulted in such determination. (e) The household must otherwise cooperate fully with the City in its administration of the CityFHEPS Program. (Added City Record 10/28/2021, eff. 11/28/2021)

68 RCNY § 10-23 Agency Review Conference and DSS Administrative Appeal Process.

§ 10-23 Agency Review Conference and DSS Administrative Appeal Process. 68 RCNY § 10-13 is incorporated by reference into this subchapter. For purposes of this subchapter, any reference in 68 RCNY § 10-13 to "CityFHEPS" or "the CityFHEPS Program" shall be deemed a reference to the program described in this subchapter. An applicant, shelter resident, current or former program participant, or household member may request an agency review conference and/or a DSS administrative hearing to seek review of any determinations or actions made under this subchapter, as well as any failures to act, or failures to act with reasonable promptness, in implementing the provisions of this subchapter, as set forth in 68 RCNY § 10-13. However, the agency review conference and administrative appeal process may not be used to challenge HRA's decision to designate a unit as a Subchapter B unit or to remove a unit's designation as a Subchapter B unit. (Added City Record 10/28/2021, eff. 11/28/2021)

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/0-0-0-130694Fetched: 10/24/2026