Rental Assistance Voucher Program

NYC Admin. Code tit. 26, ch. 39

in effect

NYC Admin. Code § 26-3901 Definitions.

§ 26-3901 Definitions. As used in this chapter, the following terms have the following meanings: Department. The term “department” means the department of housing preservation and development. Household. The term “household” means an individual or family. Income-eligible. The term “income-eligible” means an applicant whose total gross income does not exceed 50 percent of the area median income, as defined by the United States department of housing and urban development. Regulatory agreement. The term “regulatory agreement” means a legally binding agreement between the owner of a building and a federal, state, or local agency or instrumentality or a restrictive declaration that requires all or some of the units in such building to be income-restricted or occupied by households meeting specified requirements set forth in such agreement. Shelter. The term “shelter” means temporary emergency housing provided to homeless adults, adult families, families with children, and runaway and homeless youth by the city or a provider under contract or similar agreement with the city. Unit. The term “unit” means an apartment, room, or single room occupancy. (L.L. 2026/126, 7/30/2026, eff. 1/26/2027) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2026/126.

NYC Admin. Code § 26-3902 Rental assistance voucher program.

§ 26-3902 Rental assistance voucher program. Subject to appropriations and as further set forth in section 26-3906, there shall be a rental assistance voucher program which shall be administered in accordance with this chapter. The application process for such rental assistance voucher program shall begin within 180 days of the enactment of the local law that added this section and eligibility determinations shall begin no later than 240 days after the enactment of such local law. (L.L. 2026/126, 7/30/2026, eff. 1/26/2027) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2026/126.

NYC Admin. Code § 26-3903 Eligibility.

§ 26-3903 Eligibility. a. A household that meets the following criteria shall be eligible for the rental assistance voucher program established pursuant to this chapter: 1. An income-eligible tenant or lawful occupant of a unit, who is named as a respondent in a pending eviction proceeding for nonpayment of rent in housing court, provided that such unit is subject to rent stabilization. A tenant or lawful occupant is not eligible if such unit is subject to a regulatory agreement; 2. An income-eligible household who is residing in a shelter operated by or on behalf of an agency other than the department of social services or human resources administration; or 3. An income-eligible household residing in a shelter operated by or on behalf of the department of social services or human resources administration but whose income exceeds 200 percent of the federal poverty level or who does not work enough hours to meet the work requirements set forth in clause (i) of subparagraph (A) of paragraph (8) of subdivision (a) of section 10-04 of title 68 of the rules of the city of New York or successor provision. b. The department shall verify that a household is income-eligible. c. The department shall not consider whether a household is employed as a condition of eligibility. d. A household who receives a rental assistance voucher pursuant to this chapter shall annually certify its income for the purpose of determining continued eligibility and any adjustments to such rental assistance. e. A household meeting the criteria in paragraph 1 of subdivision a of this section shall not use such a rental assistance voucher to move from its current unit to a new unit except in cases where such move (i) is necessary for a reasonable accommodation of a disability, (ii) is necessary to enable the household to leave a situation of domestic violence, provided that the household assisted by such voucher does not include the perpetrator of such violence, or (iii) in other extraordinary health and safety circumstances as determined by the commissioner of housing preservation and development. (L.L. 2026/126, 7/30/2026, eff. 1/26/2027) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2026/126.

NYC Admin. Code § 26-3904 Maximum monthly rents.

§ 26-3904 Maximum monthly rents. Maximum rental allowances shall be set in accordance with section 982.503 of title 24 of the code of federal regulations, regarding voucher payment standard amounts, or a successor provision, at the payment standard used for the housing choice voucher program administered by the department pursuant to section 1437f of title 42 of the United States code. (L.L. 2026/126, 7/30/2026, eff. 1/26/2027) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2026/126.

NYC Admin. Code § 26-3905 Monthly rental assistance and rental contribution.

§ 26-3905 Monthly rental assistance and rental contribution. a. The department shall provide monthly rental assistance to an owner or a landlord on behalf of a household in receipt of a rental assistance voucher in an amount equal to the actual monthly rent of the leased unit, up to the maximum rental allowance, minus the household rent contribution as described in subdivision b of this section. b. The monthly rental contribution for a household receiving a rental assistance voucher pursuant to this section shall be the greater of: 1. 30 percent of the monthly adjusted income of such household; or 2. if such household is receiving payments for public assistance as defined in section 21-134, and a part of those payments, adjusted in accordance with the actual housing costs of the family, is specifically designated to meet the housing costs of the family, the portion of those payments that is so designated. These payments include, but are not limited to any shelter assistance or housing assistance administered by any federal, state or local agency. c. When a household rents a unit for less than the maximum rental allowance and all utilities are not included in the rent, the household rent contribution shall be: 1. if such household is not receiving payments for public assistance, 30 percent of the monthly adjusted income of the household minus the utility allowance. If the utility allowance exceeds 30 percent of such household’s monthly adjusted income, the department shall issue a payment to the household in the amount of the difference to pay for utilities; or 2. if such household is receiving payments for public assistance as defined in section 21-134 and a part of those payments, adjusted in accordance with the actual housing costs of the family, is specifically designated by that agency to meet the housing costs of the family, the portion of those payments that is so designated, plus 30 percent of the monthly adjusted non-public assistance income of such household. If the utility allowance exceeds 30 percent of such household’s monthly adjusted income or such household’s sole income is from cash assistance, the department will issue a payment to the household in the amount of the difference to pay for utilities. (L.L. 2026/126, 7/30/2026, eff. 1/26/2027) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2026/126.

NYC Admin. Code § 26-3906 Funding and waiting list.

§ 26-3906 Funding and waiting list. The number of eligible households who receive a rental assistance voucher pursuant to this chapter shall be limited by the amount of funding appropriated for the program established pursuant to this chapter. a. Upon expenditure of funding appropriated for such program, the department may place an eligible household on a waiting list. b. Notwithstanding subdivision a of this section, to maintain proper administration of such program, the department may close such waiting list and stop accepting new applications. c. Nothing in this section shall be construed to limit the department’s authority to maintain an internal waiting list to maintain proper administration of such program. d. Up to 10 percent of the funds appropriated may be used by the department for administrative expenses attributable to administering the rental assistance voucher program established pursuant to this chapter. (L.L. 2026/126, 7/30/2026, eff. 1/26/2027) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2026/126.

NYC Admin. Code § 26-3907 Rulemaking.

§ 26-3907 Rulemaking. The department shall promulgate rules as necessary for the implementation of this section, including but not limited to: 1. Administration of the application process and waiting list for the rental assistance voucher program established pursuant to this chapter; 2. Calculation of the maximum monthly rents, including any utility allowances; 3. The establishment of priorities for the distribution of rental assistance vouchers issued pursuant to the program established by this chapter, provided that 50 percent of the available funding in any fiscal year shall be used to provide vouchers to the households described in paragraph 1 of subdivision a of section 26-3903 and 50 percent of the available funding in any fiscal year shall be used to provide vouchers to the households described in paragraphs 2 and 3 of such subdivision a. A substantial portion of the vouchers issued to households residing in shelter shall be distributed to households in each type of shelter described in paragraphs 2 and 3 of such subdivision. 4. Discontinuance and renewals of rental assistance provided pursuant to this chapter; 5. Landlord requirements and household obligations; 6. Housing quality standards and any inspection requirements; 7. Methods for calculating household income; 8. Occupancy standards; and 9. Requirements governing moves out of a unit that receives rental assistance pursuant to this chapter. (L.L. 2026/126, 7/30/2026, eff. 1/26/2027) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2026/126.

NYC Admin. Code § 26-3908 Report.

§ 26-3908 Report. Beginning on August 1, 2027, and annually thereafter, the department shall submit to the speaker of the council and post on its website a report that includes the following information: 1. the total number of households enrolled in the rental assistance voucher program established pursuant to this chapter, disaggregated by the eligibility categories established by subdivision a of section 26-3903; 2. the total number of households newly enrolled in the fiscal year prior to the submission of such report, disaggregated by borough of residence, number of people in such households, and primary language spoken in such households; 3. the average amount of rental assistance provided to households; 4. the total amount of rental assistance provided during the prior fiscal year, disaggregated by administrative costs and the total amount paid as rental assistance; and 5. the total number of households on the waitlist as of the end of the prior fiscal year. (L.L. 2026/126, 7/30/2026, eff. 1/26/2027) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2026/126.

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/NYCadmin/0-0-0-236364Fetched: 10/24/2026