- ADA: Americans with Disabilities Act
- ATAD: Applications and Tenancy Administration Department
- CFR: Code of Federal Regulations
- ODEI: Office of Diversity, Equity, and Inclusion (NYCHA)
- HUD: U.S. Department of Housing and Urban Development
- NYCHA: New York City Housing Authority
- SAVE: Systematic Alien Verification for Entitlements
- USCIS: United States Citizenship and Immigration Services
- VAWA: Violence Against Women Act
Household Composition
- Definitions of Family and Household Members
- A family includes but is not limited to the following, regardless of actual or perceived sexual orientation, gender identity, or marital status:
- Live-in Guardian with Conditional Permission;A single person, who may be an elderly, displaced, or near-elderly person, or any other single person; or an otherwise eligible youth who has attained at least 18 years of age and not more than 24 years of age and who has left foster care, or will leave foster care within 90 days, in accordance with a transition plan described in section 475(5)(H) of the Social Security Act (42 U.S.C. 675(5)(H), and is homeless or is at risk of becoming homeless at age 16 or older; or
- A group of persons residing together, and such group includes, but is not limited to:
- A family with or without children (a child who is temporarily away from the home because of placement in foster care is considered a member of the family);
- An elderly family;
- A near-elderly family;
- A family with one or more persons with disabilities;
- A displaced family; and
- The remaining member of a tenant family.
- A household can include other individuals who are not considered family members:
- Live-in Guardian with Conditional Permission;
- Foster children/adults who meet definition of a foster child under state law;
- Live-in aides; or
- Temporary occupants.
Application
Each family must submit an application to be considered for an apartment in NYCHA’s Public Housing Program. Applications may be submitted online at NYCHA’s Self-Service Portal, which can be accessed from any internet-connected device or at computer terminals located at NYCHA’s Customer Contact Centers. Applicants can also request a paper version of NYCHA Form 070.002, Application for Public Housing by visiting a NYCHA Customer Contact Center, or by calling NYCHA’s Customer Contact Center at 718-707-7771 to request a mailed physical copy. Completed paper applications must be mailed to NYCHA, Post Office Box 19205, Long Island City, NY 11101-9998.
Applicants are permitted to select up to two preferred boroughs at the time of application. If an applicant does not indicate a preferred borough, NYCHA assumes their preference is the borough of residence. If selected for housing, NYCHA does not guarantee housing in an applicant’s preferred borough.
Applicants receive an acknowledgment letter by mail to confirm successful submission. The acknowledgment letter indicates the priority assigned to the application, the application filing date, and the unique case number assigned to the application. NYCHA also notifies applicants of their preliminary eligibility status for public housing by mail.
There are two instances in which NYCHA may make a preliminary determination of ineligibility:
- Family income indicated by the applicant at the time of application exceeds the admission income limits for their family size. Refer to section (f)(ii)(4) of this chapter, Income and Assets, for more information.
- Applicant and co-applicant are less than 18 years of age and are not legally emancipated minors.
Updating the Application
Applicants are responsible for updating the application whenever there is a change in family composition, reason for applying, income, address, or telephone number. Failure to report these changes may result in a delay in receiving housing or the family’s removal from the waiting list. At a minimum, applicants must renew or refile their applications within two years, or the application will expire.
Eligibility Determination
If an application is complete and passes preliminary screening, NYCHA schedules the applicant for an eligibility interview. During the eligibility interview, NYCHA confirms documentation and asks the applicant a series of standardized questions related to eligibility and suitability. Applicants must meet the requirements for eligibility and priority. If the applicant provides all required information and is found to be suitable for tenancy, NYCHA notifies the applicant in writing. The application will be placed on a certified waiting list (refer to Chapter 4, Waiting List Management, for more information). Placement on a certified waiting list does not necessarily mean the family is eligible for admission at the time an apartment becomes available. At that time, NYCHA performs additional checks to confirm eligibility and suitability.
NYCHA’s eligibility criteria for PH are as follows:
At least one person in the applicant household must be a United States citizen or have eligible immigration status for the household to be eligible for the Public Housing program. Refer to Chapter 7(i)(vi), Verifying Family Information, for more information.
NYCHA may assign ranking criteria to applications that meet certain criteria. These ranking criteria are commonly referred to as “preferences.” An applicant for public housing with a “Working Family” preference is required to live, work, or have a commitment to a job in New York City. Refer to Chapter 4(d), Local Preferences and Priorities, for more information.
The applicant, or co-applicant, must be 18 years of age or older or an emancipated minor to be eligible for public housing.
For admission to public housing, family income must not exceed 80% of area median income as established by federal regulations. For current public housing income limits refer to HUD Dataset/Income Limits.
In accordance with 24 CFR 960.202(b), no less than 40% of families admitted to public housing during a fiscal year from the waiting list must be extremely low - income families. Family income must be used both for determination of eligibility and income targeting.
Mixed families that consist of a combination of 1) U.S. citizens or individuals with eligible status, and 2) members who lack eligible immigration status, will have pro-rated rent. If the pro-rated rent is more than 80% of the family's net income, the household is ineligible.
Beginning December 1, 2024. NYCHA may make a determination of ineligibility if the family’s net assets exceed $100,000.00 or the family has a present ownership interest in, a legal right to reside in, and the effective legal authority to sell, based on State or local laws of the jurisdiction where the property is located, real property that is suitable for occupancy by the family as a residence. This threshold amount will be adjusted annually by HUD.
For more information on income and assets, please refer to Chapter 7 (d), Anticipated Annual Income.
In accordance with 24 CFR 5.216, applicants (including each member of the household, live-in aides, foster children, and foster adults) are required to disclose their social security numbers assigned by the Social Security Administration, with the exception of the following individuals:
- Individuals who do not contend to have eligible immigration status; or
- Individuals who were age 62 or older as of January 31, 2010, whose initial determination of eligibility began before January 31, 2010.
Refer to Chapter 7(i)(vi)(2), Social Security Numbers, for more information.
Each family member aged 18 years or older must sign the HUD Authorization for the Release of Information/Privacy Act, and other consent forms as needed, to permit NYCHA to collect information, including financial information.
An applicant is ineligible if the applicant has failed or refused to pay rent or other debts to NYCHA or any other public housing agency in connection with any assisted housing program. If NYCHA determines that an applicant has such a debt, NYCHA will notify the applicant in writing that he/she will be found ineligible if the debt is not paid in full within 90 calendar days of the date of NYCHA’s letter.
The applicant and co-applicant must be at least 18 years old or be emancipated minors.
- Elderly-Only Developments or Buildings
- For single person households: the head of household must be at least 62: or
- For multiple person households: Either the head of household or co-head of household must be at least 62. All other authorized permanent household members must be 62 or older.
Accessible apartments are specially equipped for people with i mpaired mobilit y . The applicant or family member must permanently use a wheelchair, walker, crutch, cane, or other adaptive device or must otherwise need the special features provided to qualify for an accessible apartment. The person with a disability must demonstrate that they will benefit from the special features of an accessible apartment. NYCHA also works with tenants on ac c ommodations for other needs.
Per 24 CFR 960.204, NYCHA will conduct criminal background and sex offender screening for all applicants and household members age 16 years and older, and other screening as necessary.
Use of criminal records: Before NYCHA denies admission to NYCHA’s public housing program on the basis of a criminal record, NYCHA must notify the household of the proposed action and must provide the subject of the record and the applicant with a copy of the criminal record and an opportunity to dispute the accuracy and relevance of that record. See 24 CFR Part 5 Subpart J for provisions concerning access to criminal records.
The purpose of this screening is to ensure that NYCHA does not admit ineligible families to public housing. NYCHA maintains a list of criminal offenses that are considered when determining whether a family is eligible for public housing, see Appendix B, Ineligibility Dispositions.
Applicants and members of their household 16 years of age and older are required to sign NYCHA Form 070.728, Consent for Criminal Background Check. Failure to sign the Consent for Criminal Background Check constitutes a basis to deny admission.
- If an applicant has been convicted of drug-related criminal activity for manufacturing or producing methamphetamine on the premises of federally assisted housing
If any household member has ever been convicted of drug-related criminal activity for manufacturing or producing methamphetamine on the premises of federally assisted housing, the family is permanently prohibited from admission. Premises are defined as the building or complex in which the apartment is located, including common areas and grounds.
- If any applicant household member is subject to a lifetime registration requirement under a state sex offender registration program
If any household member is subject to a lifetime registration requirement under a state sex offender registration program, the family is permanently prohibited from admission.
- If an applicant has been evicted from federally assisted housing for drug-related criminal activity
If any household member has been evicted from federally assisted housing for drug-related criminal activity, the family may not be admitted for three years from the date of the eviction, unless that household member has successfully completed a supervised drug rehabilitation program approved by NYCHA or if circumstances have changed (for example, the household member is imprisoned or has died).
- If a household member is currently engaged in illegal drug use or alcohol abuse. If NYCHA has reasonable cause to believe that a member of the applicant family has engaged in the illegal use, or pattern of illegal use, of a controlled substance within the last six months, that may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents, the family is ineligible until the earliest of:
- Three years after the date of the ineligibility finding (if the latest date of illegal drug use can be established by objective evidence, the period of ineligibility will begin from that date instead of from the date the family is declared ineligible); or
- Until the family provides both written verification from a state-licensed drug treatment agency that the offending person has been drug free for 12 months and also submits a current clean toxicology report; or
- Until NYCHA is convinced, based on all of the information presented, that the offending person is no longer engaging in the illegal use of a controlled substance and has otherwise been rehabilitated successfully so as not to interfere with the health, safety, or right to peaceful enjoyment of the premises by other NYCHA residents.
- Net Assets and Ownership Interest
NYCHA must restrict assistance to families based on value of net family assets and ownership interest in real property:
The family’s net assets exceed $100,000.00 which will be adjusted annually by HUD.
The family has a present ownership interest in, a legal right to reside in, and the effective legal authority to sell, based on State or local laws of the jurisdiction where the property is located, real property that is suitable for occupancy by the family as a residence. Exceptions to the real property restrictions:
- Any property for which the family is receiving assistance under the Homeownership Option in 24 CFR part 982,
- Any property that is jointly owned by a member of the family and at least one non-household member who does not live with the family, and the non-household member resides at the jointly owned property,
- Property deemed unsafe for any person who is a victim of domestic violence, dating violence, sexual assault, or stalking, or
- Any family that is offering such property for sale.
A property will be considered “suitable for occupancy” unless the family demonstrates that it:
- Does not meet the disability-related needs for all members of the family;
- Is not sufficient for the size of the family;
- Is geographically located so as to be a hardship for the family;
- Is not safe to reside in because of the physical condition of the property; or
- Is not a property that a family may reside in under the State or local laws of the jurisdiction where the property is located.
- Discretionary Screening
In selecting families for admission, NYCHA is responsible for screening family behavior and suitability for tenancy. In performing its screening obligations, NYCHA may consider information including, but not limited to:
- An applicant’s past performance in meeting financial obligations, especially rent;
- A record of disturbing neighbors, destruction of property, or poor housekeeping habits at prior residences;
- A history of criminal activity involving crimes of physical violence to persons or property; and
- Other criminal acts which adversely affect the health, safety, and welfare of other residents.
- Denial of Admission Based on Adverse Effects on Health, Safety, Welfare, or Property
NYCHA will deny admission to families who, based on their past behavior, might adversely affect the health, safety, or welfare of other residents, NYCHA staff, or a NYCHA development. In the event of the receipt of unfavorable information with respect to an applicant, NYCHA will give consideration to the time, nature, and extent of the applicant's conduct and to factors that might indicate a reasonable probability of favorable future conduct.
Families with members in the following categories will be found ineligible for the stated period of time. If the family falls within more than one category below, the family is ineligible for the longest applicable time period.
The families described in this section are ineligible until the end of the ineligibility period as described below:
- Convictions for Class A, B, or C Felonies
Six years from the date the convicted person has served their sentence (not including parole or probation) and has no further convictions or pending charges;
- Convictions for Class D or E Felonies
Five years from the date the convicted person has served their sentence (not including parole or probation) and has no further convictions or pending charges;
- Convictions for Class A Misdemeanors
Four years from the date the convicted person has served their sentence (not including parole or probation) and has no further convictions or pending charges; and
- Convictions for Class B or Unclassified Misdemeanors
Three years from the date the convicted person has served their sentence (not including parole or probation) and has no further convictions or pending charges.
NYCHA maintains a list of criminal offenses that are considered when determining whether a family is eligible for public housing. For list of criminal offenses, see Appendix B, Ineligibility Dispositions.
- Persons Who Have an Unsatisfactory Record of Meeting Rent Payment Obligations
NYCHA may deny admission to families who:
- Have a pattern of late rent payments [e.g., two or more late monthly rent payments within the last 12 months]; or
- Have been evicted by a prior landlord for non-payment of rent within the last three years; and
- Cannot establish a satisfactory rent payment history for 12 months after their history of late rent payments.
NYCHA considers an applicant’s explanation of extenuating circumstances that caused the late rent payments as well as assurances that the delinquency will not reoccur if the family is admitted to public housing.
The following are examples of fire-related incidents which may make a family ineligible:
- Arson;
- Smoking in bed;
- Abandoned or discarded material;
- Improper storage or hoarding of garbage;
- Combustible material placed too close to a heat source, e.g., lit candles placed near curtains;
- A heat source left unattended, e.g., a pot on the stove;
- Using a flammable liquid to start a fire.
Families are ineligible until they have completed four years from the date of the fire without causing another fire.
This category includes persons who have engaged in or threatened abusive or violent behavior toward NYCHA staff.
Families are ineligible for three years from the date they are declared ineligible.
If the latest possible date of the offending behavior can be approximately established, the period of ineligibility begins from that date, instead of from the date the family is determined to be ineligible.
- Persons Who Have Disturbed Neighbors, Based on Information Obtained From the Neighbor or Landlord Contact
Families are ineligible for three years from the date they are declared ineligible.
If the latest possible date of the offending behavior can be approximately established, the period of ineligibility begins from that date, instead of from the date the family is determined to be ineligible.
- Persons with Grossly Unsanitary or Hazardous Housekeeping Habits, Based on Information Obtained From the Neighbor or Landlord Contact
Families are ineligible for three years from the date they are declared ineligible.
However, if a qualified agency is working with the family to improve its housekeeping, and the agency reports that the family shows potential for improvement, NYCHA will consider this information prior to deciding the family's eligibility.
Families are ineligible until the excluded person has completed five years without violating the stipulation of permanent exclusion.
- Persons Terminated From NYCHA Employment Following a General Trial, for Behavior That Would Constitute a Felony, Misdemeanor, Illegal Drug Use, or Intoxication on the Job
Families are ineligible until three years from the date of the person's termination.
- Persons Who Committed Fraud, Bribery, or any Other Corrupt or Criminal Act in Connection with a Government Housing Program
Families are ineligible for three years from the date they are declared ineligible if the offending person has not been criminally convicted. If the offending person has been criminally convicted, the family is ineligible until the convicted person has served the sentence (not including the completion of probation and/or parole) and has no further convictions or pending charges for three years after completing the sentence.
- Persons Who Misrepresented Information Affecting Eligibility, Preferences for Admission, Citizenship/Immigration Status, Family Composition, Income, or Allowances
Families are ineligible for three years from the date they are declared ineligible if the offending person has not been criminally convicted. If the offending person has been criminally convicted, the family is ineligible until the convicted person has served the sentence (not including the completion of probation and/or parole) and has no further convictions or pending charges for three years after completing the sentence.
- Persons Who Misrepresented Information Affecting Eligibility, Preferences for Admission, Citizenship/Immigration Status, Family Composition, Income, or Allowances
Families are ineligible for five years from the date of the person’s move-out or eviction. An eviction is deemed to have occurred when the court issues a warrant of eviction. If the family is still in occupancy of the apartment, the period of ineligibility begins from the date they are declared ineligible..
- Persons Who Have Been Evicted or Are About to Be Evicted From a NYCHA Apartment Pursuant to a Licensee Actions
Families are ineligible for five years from the date of the person’s move-out or eviction. An eviction is deemed to have occurred when the court issues a warrant of eviction. If the family is still in occupancy of the apartment, the period of ineligibility begins from the date they are declared ineligible.
Notification of Ineligibility and Denial of Admission
Applicants who are determined to be ineligible will receive written notification of the ineligibility decision (NYCHA Form 070.126, Ineligibility Notification), along with information related to the appeal process and documents advising them of their rights under the Violence Against Women Act (VAWA). The notification will indicate the reason for denial and advise that they may request an informal hearing within 90 calendar days from the date of the letter.
Applicants removed from the waiting list due to denial of admission and who wish to be reconsidered for public housing must file a new application. Any new application will be considered based on its date of receipt.
Informal Hearings for Applicants
- Notification of Preliminary Ineligibility
When a preliminary application is found to be ineligible, NYCHA Form 070.276, Preliminary Ineligible Letter, is mailed to the applicant advising them that they may visit the Customer Contact Center for an informal discussion to review the ineligibility determination.
If the applicant is dissatisfied with the outcome of the informal discussion, they may appeal the decision by submitting NYCHA Form 070.127, Request for an Informal Hearing.
For applicants who appear to be ineligible based on a criminal record, sex offender registration, or illegal drug use information, NYCHA mails NYCHA Form 070.162, Pending Ineligibility Notification, and includes a copy of the relevant information. Prior to denying admission, the applicant has 30 calendar days to dispute the accuracy of the information with a Customer Contact Center representative and provide any evidence or document(s) that indicate favorable future conduct.
Applicants interviewed for eligibility and denied admission receive written notification, NYCHA Form 070.126, Ineligibility Notification, along with documents related to the appeal of NYCHA’s decision and documents advising them of their rights under VAWA. The notification indicates the reason for denial and advises that they may request an informal hearing within 90 calendar days.
NYCHA has designated the Director of the ODEI or Director designee as coordinator to ensure compliance with the Americans with Disabilities Act (ADA) and Section 504, to provide prompt resolution of complaints alleging housing discrimination against persons with disabilities.
Applicants may direct complaints to ODEI, or Applications and Tenancy Administration Department (ATAD) may refer complaints to ODEI if it becomes aware of the complaint.
ODEI, in consultation with ATAD’s Appeals Division, conducts a review of the applicant’s complaint and recommends either sustaining or reversing the determination of ineligibility.
When ODEI recommends reversing a determination of ineligibility, the application is returned to ATAD’s Eligibility Division to resume processing.
When ODEI recommends sustaining the determination of ineligibility, NYCHA notifies the applicant of the decision by mailing NYCHA Form 070.192, Notice of Ineligibility and Right to a Hearing, which also includes details about the applicant’s scheduled informal hearing. A Hearing Officer may reverse a finding of ineligibility upon review of evidence and testimony by the applicant and ATAD at the informal hearing.
- Informal Hearing Process for Applicants
Applicants found ineligible for admission have three opportunities to dispute the accuracy or relevance of the determination. The applicant may use any or all three opportunities described below to respond and provide documentation in support of their application.
The applicant may visit any of the two customer walk-in centers without an appointment to discuss the basis of their ineligibility.
The applicant may present documentation pertinent to their eligibility claim.
NYCHA provides the applicant with information on the informal review and hearing process and advises the applicant to complete NYCHA Form 070.127, Request for an Informal Hearing. ATAD’s Appeals Division staff reviews the ineligibility determination along with the additional documents submitted.
The outcome of the informal discussion may be favorable or unfavorable to applicant.
- Favorable: Based on the discussion and documentation submitted, the application is returned to ATAD’s Eligibility Division for further review and processing.
- Unfavorable: Based on the discussion and documentation submitted, the matter is not resolved in the applicant’s favor. The case is forwarded to the Office of Impartial Hearings for an informal hearing.
NYCHA Form 070.581, Informal Discussion Letter, is mailed advising the applicant of the outcome of the informal discussion.
NYCHA mails NYCHA Form 005.023, Notice of Pre-Hearing Conference Date, advising the applicant of the scheduled pre-hearing conference date.
On the day of the scheduled pre-hearing conference, the applicant, attorney, or other representative meets with a member of ATAD’s Appeals Division staff to discuss the ineligibility determination and provide the applicant with all documents and policies used to make the ineligibility determination. The applicant or representative may provide additional documentation.
The outcome of the pre-hearing conference may be favorable or unfavorable to the applicant.
- Favorable: The applicant agrees to withdraw their request for an informal hearing and signs NYCHA Form 070.610, Pre-Informal Conference Hearing: Applicant Agreement to Withdraw Request for Informal Hearing. NYCHA mails the applicant NYCHA Form 070.613, Pre-Hearing Discussion Letter, which notifies the applicant that they have withdrawn their request for an informal hearing and that their application will be restored to the waiting list for continued processing.
- Unfavorable: ATAD proceeds with the informal hearing. NYCHA mails NYCHA Form 005.019A, Notice of Hearing Date, to the applicant 14 calendar days prior to the hearing scheduled date.
- Informal Hearing
When the pre-hearing conference does not resolve the ineligibility in the applicant’s favor, an informal hearing is scheduled and conducted by NYCHA’s Office of Impartial Hearings.
The Hearing Officer must not have participated in the determination of ineligibility.
Following submission of the written request for an informal hearing, the applicant, attorney, or other representative may request copies of documents relevant to the determination of ineligibility, free of charge, within five business days of receipt of the request. The request must be directed to NYCHA’s Law Department.
The applicant receives written notice from the Office of Impartial Hearings of the date, time, and place of the informal hearing at least 14 calendar days before its scheduled date.
The Hearing Officer’s determination is issued in a written decision based solely on the proof presented at the hearing and must state the basis for the final decision.
The outcome of the informal hearing may be favorable or unfavorable to the applicant.
- Favorable: The Hearing Officer reverses the determination of ineligibility, and the application is restored to the waiting list for continued processing.
- Unfavorable: The Hearing Officer sustains the determination of ineligibility.
- United States Citizenship and Immigration Services (USCIS) – Informal Hearings for Non-Citizens
When an applicant has been denied admission for lack of lawful immigration status, an informal hearing for non-citizens is provided as described below.
When an applicant declares eligible immigration status, NYCHA verifies the status through the United States Citizenship and Immigration Services (USCIS) Systematic Alien Verification for Entitlements (SAVE) system. If SAVE fails to confirm eligible immigration status, NYCHA notifies the applicant in writing. The notice also includes any of the following that apply:
- A statement that assistance will be denied, with a brief explanation of the reasons for the proposed denial;
- A statement that the applicant may be eligible for proration of assistance as well as the criteria and procedures for the applicant to obtain this assistance;
- A statement that the applicant has a right to request an appeal of the results of secondary verification of immigration status and to submit additional documentation or explanation in support of the appeal to the USCIS; and/or
- A statement that the applicant has a right to request an informal hearing with NYCHA either upon completion of the USCIS appeal or instead of the USCIS appeal.
The applicant has 30 calendar days from the date of the notification to request an appeal, in writing, directly to USCIS. The applicant must provide a copy of the written request and proof of mailing to USCIS in their notice to NYCHA. USCIS notifies the family of its decision with a copy to NYCHA. Concurrently, the applicant has 90 calendar days after receiving a notice of ineligible immigration status, to request a NYCHA informal hearing. This information will be included on the notice advising the resident of non-immigration status. If there is not a copy of the USCIS notification, NYCHA will notify the applicant of the right to request an informal hearing.
- Persons Who Have Been Evicted or Are About to Be Evicted From a NYCHA Apartment Pursuant to a Licensee Actions
- Persons Who Misrepresented Information Affecting Eligibility, Preferences for Admission, Citizenship/Immigration Status, Family Composition, Income, or Allowances
- Persons Who Misrepresented Information Affecting Eligibility, Preferences for Admission, Citizenship/Immigration Status, Family Composition, Income, or Allowances
- Persons Who Committed Fraud, Bribery, or any Other Corrupt or Criminal Act in Connection with a Government Housing Program
- Persons Terminated From NYCHA Employment Following a General Trial, for Behavior That Would Constitute a Felony, Misdemeanor, Illegal Drug Use, or Intoxication on the Job
- Persons with Grossly Unsanitary or Hazardous Housekeeping Habits, Based on Information Obtained From the Neighbor or Landlord Contact
- Persons Who Have Disturbed Neighbors, Based on Information Obtained From the Neighbor or Landlord Contact
- Persons Who Have an Unsatisfactory Record of Meeting Rent Payment Obligations
- Elderly-Only Developments or Buildings
- A family includes but is not limited to the following, regardless of actual or perceived sexual orientation, gender identity, or marital status: