S T A T E O F N E W Y O R K
________________________________________________________________________
1704
2025-2026 Regular Sessions
I N A S S E M B L Y
January 14, 2025
___________
Introduced by M. of A. ROSENTHAL, HUNTER, MEEKS, DINOWITZ, LUPARDO,
RAMOS, GLICK, BICHOTTE HERMELYN, KELLES, MITAYNES, SIMON, KIM, DAVILA,
GALLAGHER, CRUZ, LEVENBERG, WEPRIN, BRONSON, SEAWRIGHT, GONZALEZ-RO-
JAS, PAULIN, HEVESI, WALKER, REYES, COLTON, R. CARROLL, TAYLOR, JACK-
SON, LEE, ROZIC, EPSTEIN, JACOBSON, MAMDANI, CLARK, FORREST, OTIS,
ANDERSON, ZINERMAN, SEPTIMO, DILAN, BORES, LUNSFORD, SHRESTHA,
BURDICK, SIMONE, CHANDLER-WATERMAN, TAPIA, BENEDETTO, DE LOS SANTOS,
GIBBS, LUCAS, RAGA, SHIMSKY, ALVAREZ, CUNNINGHAM, FALL, BARRETT --
Multi-Sponsored by -- M. of A. COOK -- read once and referred to the
Committee on Housing
AN ACT to amend the public housing law, in relation to establishing the
housing access voucher program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public housing law is amended by adding a new article
14-A to read as follows:
ARTICLE 14-A
HOUSING ACCESS VOUCHER PROGRAM
SECTION 605. LEGISLATIVE FINDINGS.
606. DEFINITIONS.
607. HOUSING ACCESS VOUCHER PROGRAM.
608. ELIGIBILITY.
609. FUNDING ALLOCATION AND DISTRIBUTION.
610. PAYMENT OF HOUSING VOUCHERS.
611. LEASES AND TENANCY.
612. RENTAL OBLIGATION.
613. MONTHLY ASSISTANCE PAYMENT.
614. INSPECTION OF UNITS.
615. RENT.
616. VACATED UNITS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00017-01-5
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617. LEASING OF UNITS OWNED BY A HOUSING ACCESS VOUCHER LOCAL
ADMINISTRATOR.
618. VERIFICATION OF INCOME.
619. DIVISION OF AN ASSISTED FAMILY.
620. MAINTENANCE OF EFFORT.
621. VOUCHERS STATEWIDE.
622. APPLICABLE CODES.
623. HOUSING CHOICE.
§ 605. LEGISLATIVE FINDINGS. THE LEGISLATURE FINDS THAT IT IS IN THE
PUBLIC INTEREST OF THE STATE TO ENSURE THAT INDIVIDUALS AND FAMILIES ARE
NOT RENDERED HOMELESS BECAUSE OF AN INABILITY TO PAY THE COST OF HOUS-
ING, AND TO AID INDIVIDUALS AND FAMILIES WHO ARE HOMELESS OR FACE AN
IMMINENT LOSS OF HOUSING IN OBTAINING AND MAINTAINING SUITABLE PERMANENT
HOUSING IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
§ 606. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "HOMELESS" MEANS LACKING A FIXED, REGULAR, AND ADEQUATE NIGHTTIME
RESIDENCE; HAVING A PRIMARY NIGHTTIME RESIDENCE THAT IS A PUBLIC OR
PRIVATE PLACE NOT DESIGNED FOR OR ORDINARILY USED AS A REGULAR SLEEPING
ACCOMMODATION FOR HUMAN BEINGS, INCLUDING A CAR, PARK, ABANDONED BUILD-
ING, BUS OR TRAIN STATION, AIRPORT, CAMPGROUND, OR OTHER PLACE NOT MEANT
FOR HUMAN HABITATION; LIVING IN A SUPERVISED PUBLICLY OR PRIVATELY OPER-
ATED SHELTER DESIGNATED TO PROVIDE TEMPORARY LIVING ARRANGEMENTS
(INCLUDING HOTELS AND MOTELS PAID FOR BY FEDERAL, STATE OR LOCAL GOVERN-
MENT PROGRAMS FOR LOW-INCOME INDIVIDUALS OR BY CHARITABLE ORGANIZATIONS,
CONGREGATE SHELTERS, OR TRANSITIONAL HOUSING); EXITING AN INSTITUTION
WHERE AN INDIVIDUAL OR FAMILY HAS RESIDED AND LACKING A REGULAR FIXED
AND ADEQUATE NIGHTTIME RESIDENCE UPON RELEASE OR DISCHARGE; INDIVIDUALS
RELEASED OR SCHEDULED TO BE RELEASED FROM INCARCERATION AND LACKING A
REGULAR FIXED AND ADEQUATE NIGHTTIME RESIDENCE UPON RELEASE OR
DISCHARGE; BEING A HOMELESS FAMILY WITH CHILDREN OR UNACCOMPANIED YOUTH
DEFINED AS HOMELESS UNDER 42 U.S.C. § 11302(A); HAVING EXPERIENCED A
LONG-TERM PERIOD WITHOUT LIVING INDEPENDENTLY IN PERMANENT HOUSING OR
HAVING EXPERIENCED PERSISTENT INSTABILITY AS MEASURED BY FREQUENT MOVES
AND BEING REASONABLY EXPECTED TO CONTINUE IN SUCH STATUS FOR AN EXTENDED
PERIOD OF TIME BECAUSE OF CHRONIC DISABILITIES, CHRONIC PHYSICAL HEALTH
OR MENTAL HEALTH CONDITIONS, SUBSTANCE ADDICTION, HISTORIES OF DOMESTIC
VIOLENCE OR CHILDHOOD ABUSE, THE PRESENCE OF A CHILD OR YOUTH WITH A
DISABILITY, MULTIPLE BARRIERS TO EMPLOYMENT, OR OTHER DANGEROUS OR LIFE-
THREATENING CONDITIONS, INCLUDING CONDITIONS THAT RELATE TO VIOLENCE
AGAINST AN INDIVIDUAL OR A FAMILY MEMBER.
2. "IMMINENT LOSS OF HOUSING" MEANS HAVING RECEIVED A VERIFIED RENT
DEMAND OR A PETITION FOR EVICTION; HAVING RECEIVED A COURT ORDER RESULT-
ING FROM AN EVICTION ACTION THAT NOTIFIES THE INDIVIDUAL OR FAMILY THAT
THEY MUST LEAVE THEIR HOUSING; FACING LOSS OF HOUSING DUE TO A COURT
ORDER TO VACATE THE PREMISES DUE TO HAZARDOUS CONDITIONS, WHICH MAY
INCLUDE BUT NOT BE LIMITED TO ASBESTOS, LEAD EXPOSURE, MOLD, AND RADON;
HAVING A PRIMARY NIGHTTIME RESIDENCE THAT IS A ROOM IN A HOTEL OR MOTEL
AND LACKING THE RESOURCES NECESSARY TO STAY; FACING LOSS OF THE PRIMARY
NIGHTTIME RESIDENCE, WHICH MAY INCLUDE LIVING IN THE HOME OF ANOTHER
HOUSEHOLD, WHERE THE OWNER OR RENTER OF THE HOUSING WILL NOT ALLOW THE
INDIVIDUAL OR FAMILY TO STAY, PROVIDED FURTHER, THAT AN ASSERTION FROM
AN INDIVIDUAL OR FAMILY MEMBER ALLEGING SUCH LOSS OF HOUSING OR HOME-
LESSNESS SHALL BE SUFFICIENT TO ESTABLISH ELIGIBILITY; OR FLEEING OR
ATTEMPTING TO FLEE DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT,
STALKING, HUMAN TRAFFICKING OR OTHER DANGEROUS OR LIFE-THREATENING
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CONDITIONS THAT RELATE TO VIOLENCE AGAINST THE INDIVIDUAL OR A FAMILY
MEMBER, PROVIDED FURTHER THAT AN ASSERTION FROM AN INDIVIDUAL OR FAMILY
MEMBER ALLEGING SUCH ABUSE AND LOSS OF HOUSING SHALL BE SUFFICIENT TO
ESTABLISH ELIGIBILITY.
3. "PUBLIC HOUSING AGENCY" MEANS ANY COUNTY, MUNICIPALITY, OR OTHER
GOVERNMENTAL ENTITY OR PUBLIC BODY THAT IS AUTHORIZED TO ADMINISTER ANY
PUBLIC HOUSING PROGRAM (OR AN AGENCY OR INSTRUMENTALITY OF SUCH AN ENTI-
TY), AND ANY OTHER PUBLIC OR PRIVATE NON-PROFIT ENTITY THAT ADMINISTERS
ANY OTHER PUBLIC HOUSING PROGRAM OR ASSISTANCE.
4. "SECTION 8 LOCAL ADMINISTRATOR" MEANS A PUBLIC HOUSING AGENCY THAT
ADMINISTERS THE SECTION 8 HOUSING CHOICE VOUCHER PROGRAM UNDER SECTION 8
OF THE UNITED STATES HOUSING ACT OF 1937 WITHIN A COMMUNITY, COUNTY OR
REGION, OR STATEWIDE, ON BEHALF OF AND UNDER CONTRACT WITH THE HOUSING
TRUST FUND CORPORATION.
5. "HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR" MEANS A PUBLIC HOUSING
AGENCY, AS DEFINED IN SUBDIVISION THREE OF THIS SECTION, OR SECTION 8
LOCAL ADMINISTRATOR DESIGNATED TO ADMINISTER THE HOUSING ACCESS VOUCHER
PROGRAM WITHIN A COMMUNITY, COUNTY OR REGION, OR STATEWIDE, ON BEHALF OF
AND UNDER CONTRACT WITH THE HOUSING TRUST FUND CORPORATION. IN THE CITY
OF NEW YORK, THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR SHALL BE THE
NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, OR THE
NEW YORK CITY HOUSING AUTHORITY, OR BOTH.
6. "FAMILY" MEANS A GROUP OF PERSONS RESIDING TOGETHER. 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) OR ANY REMAINING
MEMBERS OF A TENANT FAMILY. THE COMMISSIONER SHALL HAVE THE DISCRETION
TO DETERMINE IF ANY OTHER GROUP OF PERSONS QUALIFIES AS A FAMILY.
7. "OWNER" MEANS ANY PRIVATE PERSON OR ANY ENTITY, INCLUDING A COOPER-
ATIVE, AN AGENCY OF THE FEDERAL GOVERNMENT, OR A PUBLIC HOUSING AGENCY,
HAVING THE LEGAL RIGHT TO LEASE OR SUBLEASE DWELLING UNITS.
8. "DWELLING UNIT" MEANS A SINGLE-FAMILY DWELLING, INCLUDING ATTACHED
STRUCTURES SUCH AS PORCHES AND STOOPS; OR A SINGLE-FAMILY DWELLING UNIT
IN A STRUCTURE THAT CONTAINS MORE THAN ONE SEPARATE RESIDENTIAL DWELLING
UNIT, AND IN WHICH EACH SUCH UNIT IS USED OR OCCUPIED, OR INTENDED TO BE
USED OR OCCUPIED, IN WHOLE OR IN PART, AS THE RESIDENCE OF ONE OR MORE
PERSONS.
9. "INCOME" SHALL MEAN THE SAME AS IT IS DEFINED BY 24 CFR § 5.609 AND
ANY AMENDMENTS THERETO.
10. "ADJUSTED INCOME" SHALL MEAN THE SAME AS IT IS DEFINED BY 24 CFR §
5.611 AND ANY AMENDMENTS THERETO.
11. "REASONABLE RENT" MEANS RENT NOT MORE THAN THE RENT CHARGED ON
COMPARABLE UNITS IN THE PRIVATE UNASSISTED MARKET AND RENT CHARGED FOR
COMPARABLE UNASSISTED UNITS IN THE PREMISES.
12. "FAIR MARKET RENT" MEANS THE FAIR MARKET RENT FOR EACH RENTAL AREA
AS PROMULGATED ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT PURSUANT TO 42 U.S.C. 1437F.
13. "VOUCHER" MEANS A DOCUMENT ISSUED BY THE HOUSING TRUST FUND CORPO-
RATION PURSUANT TO THIS ARTICLE TO AN INDIVIDUAL OR FAMILY SELECTED FOR
ADMISSION TO THE HOUSING ACCESS VOUCHER PROGRAM, WHICH DESCRIBES SUCH
PROGRAM AND THE PROCEDURES FOR APPROVAL OF A UNIT SELECTED BY THE FAMILY
AND STATES THE OBLIGATIONS OF THE INDIVIDUAL OR FAMILY UNDER THE
PROGRAM.
14. "LEASE" MEANS A WRITTEN AGREEMENT BETWEEN AN OWNER AND A TENANT
FOR THE LEASING OF A DWELLING UNIT TO THE TENANT. THE LEASE ESTABLISHES
THE CONDITIONS FOR OCCUPANCY OF THE DWELLING UNIT BY AN INDIVIDUAL OR
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FAMILY WITH HOUSING ASSISTANCE PAYMENTS UNDER A CONTRACT BETWEEN THE
OWNER AND THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR.
15. "DEPENDENT" MEANS ANY MEMBER OF THE FAMILY WHO IS NEITHER THE HEAD
OF HOUSEHOLD, NOR THE HEAD OF THE HOUSEHOLD'S SPOUSE, AND WHO IS:
(A) UNDER THE AGE OF EIGHTEEN;
(B) A PERSON WITH A DISABILITY; OR
(C) A FULL-TIME STUDENT.
16. "ELDERLY" MEANS A PERSON SIXTY-TWO YEARS OF AGE OR OLDER.
17. "CHILD CARE EXPENSES" MEANS EXPENSES RELATING TO THE CARE OF CHIL-
DREN UNDER THE AGE OF THIRTEEN.
18. "SEVERELY RENT BURDENED" MEANS THOSE INDIVIDUALS AND FAMILIES WHO
PAY MORE THAN FIFTY PERCENT OF THEIR INCOME IN RENT AS DEFINED BY THE
UNITED STATES CENSUS BUREAU.
19. "DISABILITY" MEANS:
(A) THE INABILITY TO ENGAGE IN ANY SUBSTANTIAL GAINFUL ACTIVITY BY
REASON OF ANY MEDICALLY DETERMINABLE PHYSICAL OR MENTAL IMPAIRMENT WHICH
CAN BE EXPECTED TO RESULT IN DEATH OR WHICH HAS LASTED OR CAN BE
EXPECTED TO LAST FOR A CONTINUOUS PERIOD OF NOT LESS THAN TWELVE MONTHS;
OR
(B) IN THE CASE OF AN INDIVIDUAL WHO HAS ATTAINED THE AGE OF FIFTY-
FIVE AND IS BLIND, THE INABILITY BY REASON OF SUCH BLINDNESS TO ENGAGE
IN SUBSTANTIAL GAINFUL ACTIVITY REQUIRING SKILLS OR ABILITIES COMPARABLE
TO THOSE OF ANY GAINFUL ACTIVITY IN WHICH THEY HAVE PREVIOUSLY ENGAGED
WITH SOME REGULARITY AND OVER A SUBSTANTIAL PERIOD OF TIME; OR
(C) A PHYSICAL, MENTAL, OR EMOTIONAL IMPAIRMENT WHICH:
(I) IS EXPECTED TO BE OF LONG-CONTINUED AND INDEFINITE DURATION;
(II) SUBSTANTIALLY IMPEDES HIS OR HER ABILITY TO LIVE INDEPENDENTLY;
AND
(III) IS OF SUCH A NATURE THAT SUCH ABILITY COULD BE IMPROVED BY MORE
SUITABLE HOUSING CONDITIONS; OR
(D) A DEVELOPMENTAL DISABILITY THAT IS A SEVERE, CHRONIC DISABILITY OF
AN INDIVIDUAL THAT:
(I) IS ATTRIBUTABLE TO A MENTAL OR PHYSICAL IMPAIRMENT OR COMBINATION
OF MENTAL AND PHYSICAL IMPAIRMENTS;
(II) IS MANIFESTED BEFORE THE INDIVIDUAL ATTAINS AGE TWENTY-TWO;
(III) IS LIKELY TO CONTINUE INDEFINITELY;
(IV) RESULTS IN SUBSTANTIAL FUNCTIONAL LIMITATIONS IN THREE OR MORE OF
THE FOLLOWING AREAS OF MAJOR LIFE ACTIVITY:
(A) SELF-CARE;
(B) RECEPTIVE AND EXPRESSIVE LANGUAGE;
(C) LEARNING;
(D) MOBILITY;
(E) SELF-DIRECTION;
(F) CAPACITY FOR INDEPENDENT LIVING; OR
(G) ECONOMIC SELF-SUFFICIENCY; AND
(V) REFLECTS THE INDIVIDUAL'S NEED FOR A COMBINATION AND SEQUENCE OF
SPECIAL, INTERDISCIPLINARY, OR GENERIC SERVICES, INDIVIDUALIZED
SUPPORTS, OR OTHER FORMS OF ASSISTANCE THAT ARE OF LIFELONG OR EXTENDED
DURATION AND ARE INDIVIDUALLY PLANNED AND COORDINATED.
§ 607. HOUSING ACCESS VOUCHER PROGRAM. THE COMMISSIONER, SUBJECT TO
THE APPROPRIATION OF FUNDS FOR THIS PURPOSE, SHALL IMPLEMENT A PROGRAM
OF RENTAL ASSISTANCE IN THE FORM OF HOUSING VOUCHERS FOR ELIGIBLE INDI-
VIDUALS AND FAMILIES WHO ARE HOMELESS OR WHO FACE AN IMMINENT LOSS OF
HOUSING IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. THE HOUSING
TRUST FUND CORPORATION SHALL ISSUE VOUCHERS PURSUANT TO THIS ARTICLE,
SUBJECT TO APPROPRIATION OF FUNDS FOR THIS PURPOSE, AND MAY CONTRACT
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WITH THE DIVISION OF HOUSING AND COMMUNITY RENEWAL TO ADMINISTER ANY
ASPECT OF THIS PROGRAM IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTI-
CLE. THE COMMISSIONER SHALL DESIGNATE HOUSING ACCESS VOUCHER LOCAL
ADMINISTRATORS IN THE STATE TO MAKE VOUCHERS AVAILABLE TO SUCH INDIVID-
UALS AND FAMILIES AND TO ADMINISTER OTHER ASPECTS OF THE PROGRAM IN
ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
§ 608. ELIGIBILITY. THE COMMISSIONER SHALL PROMULGATE STANDARDS FOR
DETERMINING ELIGIBILITY FOR ASSISTANCE UNDER THIS PROGRAM. INDIVIDUALS
AND FAMILIES WHO MEET THE STANDARDS SHALL BE ELIGIBLE REGARDLESS OF
IMMIGRATION STATUS. ELIGIBILITY SHALL BE LIMITED TO INDIVIDUALS AND
FAMILIES WHO ARE HOMELESS OR FACING IMMINENT LOSS OF HOUSING. HOUSING
ACCESS VOUCHER LOCAL ADMINISTRATORS MAY RELY ON A CERTIFICATION FROM A
SOCIAL SERVICES PROVIDER SERVING HOMELESS INDIVIDUALS, INCLUDING, BUT
NOT LIMITED TO, HOMELESS SHELTERS TO DETERMINE WHETHER AN APPLICANT
QUALIFIES AS A HOMELESS INDIVIDUAL OR FAMILY.
1. AN INDIVIDUAL OR FAMILY SHALL BE ELIGIBLE FOR THIS PROGRAM IF THEY
ARE HOMELESS OR FACING IMMINENT LOSS OF HOUSING AND HAVE AN INCOME OF NO
MORE THAN FIFTY PERCENT OF THE AREA MEDIAN INCOME, AS DEFINED BY THE
UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
2. AN INDIVIDUAL OR FAMILY IN RECEIPT OF RENTAL ASSISTANCE PURSUANT TO
THIS PROGRAM SHALL BE NO LONGER FINANCIALLY ELIGIBLE FOR SUCH ASSISTANCE
UNDER THIS PROGRAM WHEN THIRTY PERCENT OF THE INDIVIDUAL'S OR FAMILY'S
ADJUSTED INCOME IS GREATER THAN OR EQUAL TO THE TOTAL RENT FOR THE
DWELLING UNIT.
3. WHEN AN INDIVIDUAL OR FAMILY BECOMES FINANCIALLY INELIGIBLE FOR
RENTAL ASSISTANCE UNDER THIS PROGRAM PURSUANT TO SUBDIVISION TWO OF THIS
SECTION, THE INDIVIDUAL OR FAMILY SHALL RETAIN RENTAL ASSISTANCE FOR A
PERIOD NO SHORTER THAN ONE YEAR, SUBJECT TO APPROPRIATION OF FUNDS FOR
THIS PURPOSE.
4. INCOME ELIGIBILITY SHALL BE VERIFIED PRIOR TO A HOUSING ACCESS
VOUCHER LOCAL ADMINISTRATOR'S INITIAL DETERMINATION TO PROVIDE RENTAL
ASSISTANCE FOR THIS PROGRAM AND UPON DETERMINATION OF SUCH ELIGIBILITY,
AN INDIVIDUAL OR FAMILY SHALL ANNUALLY CERTIFY THEIR INCOME FOR THE
PURPOSE OF DETERMINING CONTINUED ELIGIBILITY AND ANY ADJUSTMENTS TO SUCH
RENTAL ASSISTANCE.
5. THE COMMISSIONER MAY COLLABORATE WITH THE OFFICE OF TEMPORARY AND
DISABILITY ASSISTANCE AND OTHER STATE AND CITY AGENCIES TO ALLOW A HOUS-
ING ACCESS VOUCHER LOCAL ADMINISTRATOR TO ACCESS INCOME INFORMATION FOR
THE PURPOSE OF DETERMINING AN INDIVIDUAL'S OR FAMILY'S INITIAL AND
CONTINUED ELIGIBILITY FOR THE PROGRAM.
6. REVIEWS OF INCOME SHALL BE MADE NO LESS FREQUENTLY THAN ANNUALLY.
§ 609. FUNDING ALLOCATION AND DISTRIBUTION. 1. SUBJECT TO APPROPRI-
ATION, FUNDING SHALL BE ALLOCATED BY THE COMMISSIONER IN EACH COUNTY
EXCEPT FOR THOSE COUNTIES LOCATED WITHIN THE CITY OF NEW YORK, THE
INITIAL ALLOCATION SHALL BE IN PROPORTION TO THE NUMBER OF HOUSEHOLDS IN
EACH COUNTY OR THE CITY OF NEW YORK WHO ARE SEVERELY RENT BURDENED BASED
ON DATA PUBLISHED BY THE UNITED STATES CENSUS BUREAU. FUNDING FOR COUN-
TIES LOCATED WITHIN THE CITY OF NEW YORK SHALL BE ALLOCATED DIRECTLY TO
THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT
AND/OR THE NEW YORK CITY HOUSING AUTHORITY, AS APPROPRIATE, IN PROPOR-
TION TO THE NUMBER OF HOUSEHOLDS IN NEW YORK CITY AS COMPARED TO THE
REST OF THE STATE OF NEW YORK WHO ARE SEVERELY RENT BURDENED BASED ON
DATA PUBLISHED BY THE UNITED STATES CENSUS BUREAU.
2. THE COMMISSIONER SHALL BE RESPONSIBLE FOR DISTRIBUTING THE FUNDS
ALLOCATED IN EACH COUNTY NOT LOCATED WITHIN THE CITY OF NEW YORK AMONG
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HOUSING ACCESS VOUCHER LOCAL ADMINISTRATORS OPERATING IN EACH COUNTY OR
IN THE CITY OF NEW YORK.
3. PRIORITY SHALL BE GIVEN TO APPLICANTS WHO ARE HOMELESS. THE COMMIS-
SIONER SHALL HAVE THE DISCRETION TO ESTABLISH FURTHER PRIORITIES AS
APPROPRIATE.
4. UP TO TEN PERCENT OF THE FUNDS ALLOCATED MAY BE USED BY THE COMMIS-
SIONER AND THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR FOR ADMINIS-
TRATIVE EXPENSES ATTRIBUTABLE TO ADMINISTERING THE HOUSING ACCESS VOUCH-
ER PROGRAM.
§ 610. PAYMENT OF HOUSING VOUCHERS. 1. THE HOUSING VOUCHER SHALL BE
PAID DIRECTLY TO ANY OWNER UNDER A CONTRACT BETWEEN THE OWNER OF THE
DWELLING UNIT TO BE OCCUPIED BY THE VOUCHER RECIPIENT AND THE APPROPRI-
ATE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR. THE COMMISSIONER SHALL
DETERMINE THE FORM OF THE HOUSING ASSISTANCE PAYMENT CONTRACT AND THE
METHOD OF PAYMENT. A HOUSING ASSISTANCE PAYMENT CONTRACT ENTERED INTO
PURSUANT TO THIS SECTION SHALL ESTABLISH THE PAYMENT STANDARD (INCLUDING
UTILITIES AND ALL MAINTENANCE AND MANAGEMENT CHARGES) WHICH THE OWNER IS
ENTITLED TO RECEIVE FOR EACH DWELLING UNIT WITH RESPECT TO WHICH SUCH
ASSISTANCE PAYMENTS ARE TO BE MADE. THE PAYMENT STANDARD SHALL NOT
EXCEED ONE HUNDRED TWENTY PERCENT NOR BE LESS THAN NINETY PERCENT OF THE
FAIR MARKET RENT FOR THE RENTAL AREA IN WHICH IT IS LOCATED. FAIR
MARKET RENT SHALL BE DETERMINED PURSUANT TO THE PROCEDURES AND STANDARDS
AS SET FORTH IN THE FEDERAL HOUSING CHOICE VOUCHER PROGRAM, AS SET FORTH
IN THE APPLICABLE SECTIONS OF PART 888 OF TITLE 24 OF THE CODE OF FEDER-
AL REGULATIONS. FAIR MARKET RENT FOR A RENTAL AREA SHALL BE PUBLISHED
NOT LESS THAN ANNUALLY BY THE COMMISSIONER AND SHALL BE MADE AVAILABLE
ON THE WEBSITE OF NEW YORK STATE HOMES AND COMMUNITY RENEWAL.
2. A HOUSING ASSISTANCE PAYMENT CONTRACT ENTERED INTO PURSUANT TO
SUBDIVISION ONE OF THIS SECTION MAY PROVIDE FOR AN INITIAL PAYMENT OF UP
TO FIVE MONTHS OF RENT ARREARS THAT HAVE ACCRUED DURING PRIOR OCCUPANCY
OF A DWELLING UNIT BY A VOUCHER RECIPIENT IF SUCH PAYMENT OF ARREARS IS
NECESSARY TO CONTINUE SUCH VOUCHER RECIPIENT'S OCCUPANCY OF SUCH DWELL-
ING UNIT, AND THEREBY PREVENT IMMINENT LOSS OF HOUSING.
§ 611. LEASES AND TENANCY. EACH HOUSING ASSISTANCE PAYMENT CONTRACT
ENTERED INTO BY A HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR AND THE
OWNER OF A DWELLING UNIT SHALL PROVIDE:
1. THAT THE LEASE BETWEEN THE TENANT AND THE OWNER SHALL BE FOR A TERM
OF NOT LESS THAN ONE YEAR, EXCEPT THAT THE HOUSING ACCESS VOUCHER LOCAL
ADMINISTRATOR MAY APPROVE A SHORTER TERM FOR AN INITIAL LEASE BETWEEN
THE TENANT AND THE DWELLING UNIT OWNER IF THE HOUSING ACCESS VOUCHER
LOCAL ADMINISTRATOR DETERMINES THAT SUCH SHORTER TERM WOULD IMPROVE
HOUSING OPPORTUNITIES FOR THE TENANT AND IF SUCH SHORTER TERM IS CONSID-
ERED TO BE A PREVAILING LOCAL MARKET PRACTICE;
2. THAT THE DWELLING UNIT OWNER SHALL OFFER LEASES TO TENANTS ASSISTED
UNDER THIS ARTICLE THAT:
(A) ARE IN A STANDARD FORM USED IN THE LOCALITY BY THE DWELLING UNIT
OWNER; AND
(B) CONTAIN TERMS AND CONDITIONS THAT:
(I) ARE CONSISTENT WITH STATE AND LOCAL LAW; AND
(II) APPLY GENERALLY TO TENANTS IN THE PROPERTY WHO ARE NOT ASSISTED
UNDER THIS ARTICLE;
(C) SHALL PROVIDE THAT DURING THE TERM OF THE LEASE, THE OWNER SHALL
NOT TERMINATE THE TENANCY EXCEPT FOR SERIOUS OR REPEATED VIOLATION OF
THE TERMS AND CONDITIONS OF THE LEASE, FOR VIOLATION OF APPLICABLE STATE
OR LOCAL LAW, OR FOR OTHER GOOD CAUSE, INCLUDING, BUT NOT LIMITED TO,
THE NON-PAYMENT OF THE TENANT'S PORTION OF THE RENT OWED, AND IN THE
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CASE OF AN OWNER WHO IS AN IMMEDIATE SUCCESSOR IN INTEREST PURSUANT TO
FORECLOSURE DURING THE TERM OF THE LEASE VACATING THE PROPERTY PRIOR TO
SALE SHALL NOT CONSTITUTE OTHER GOOD CAUSE, EXCEPT THAT THE OWNER MAY
TERMINATE THE TENANCY EFFECTIVE ON THE DATE OF TRANSFER OF THE UNIT TO
THE OWNER IF THE OWNER:
(I) WILL OCCUPY THE UNIT AS A PRIMARY RESIDENCE; AND
(II) HAS PROVIDED THE TENANT A NOTICE TO VACATE AT LEAST NINETY DAYS
BEFORE THE EFFECTIVE DATE OF SUCH NOTICE;
(D) SHALL PROVIDE THAT ANY TERMINATION OF TENANCY UNDER THIS SECTION
SHALL BE PRECEDED BY THE PROVISION OF WRITTEN NOTICE BY THE OWNER TO THE
TENANT SPECIFYING THE GROUNDS FOR THAT ACTION, AND ANY RELIEF SHALL BE
CONSISTENT WITH APPLICABLE STATE AND LOCAL LAW;
3. THAT ANY UNIT UNDER AN ASSISTANCE CONTRACT ORIGINATED UNDER THIS
ARTICLE SHALL ONLY BE OCCUPIED BY THE INDIVIDUAL OR FAMILY DESIGNATED IN
SAID CONTRACT AND SHALL BE THE DESIGNATED INDIVIDUAL OR FAMILY'S PRIMARY
RESIDENCE. CONTRACTS SHALL NOT BE TRANSFERABLE BETWEEN UNITS AND SHALL
NOT BE TRANSFERABLE BETWEEN RECIPIENTS. A FAMILY OR INDIVIDUAL MAY
TRANSFER THEIR VOUCHER TO A DIFFERENT UNIT UNDER A NEW CONTRACT PURSUANT
TO THIS ARTICLE;
4. THAT AN OWNER SHALL NOT CHARGE MORE THAN A REASONABLE RENT AS
DEFINED IN SECTION SIX HUNDRED SIX OF THIS ARTICLE.
§ 612. RENTAL OBLIGATION. THE MONTHLY RENTAL OBLIGATION FOR AN INDI-
VIDUAL OR FAMILY RECEIVING HOUSING ASSISTANCE PURSUANT TO THE HOUSING
ACCESS VOUCHER PROGRAM SHALL BE THE GREATER OF:
1. THIRTY PERCENT OF THE MONTHLY ADJUSTED INCOME OF THE FAMILY OR
INDIVIDUAL; OR
2. IF THE FAMILY OR INDIVIDUAL IS RECEIVING PAYMENTS FOR WELFARE
ASSISTANCE FROM A PUBLIC AGENCY AND A PART OF THOSE PAYMENTS, ADJUSTED
IN ACCORDANCE WITH THE ACTUAL HOUSING COSTS OF THE FAMILY, IS SPECIF-
ICALLY DESIGNATED BY THAT AGENCY TO MEET THE HOUSING COSTS OF THE FAMI-
LY, 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.
§ 613. MONTHLY ASSISTANCE PAYMENT. 1. THE AMOUNT OF THE MONTHLY
ASSISTANCE PAYMENT WITH RESPECT TO ANY DWELLING UNIT SHALL BE THE
DIFFERENCE BETWEEN THE MAXIMUM MONTHLY RENT WHICH THE CONTRACT PROVIDES
THAT THE OWNER IS TO RECEIVE FOR THE UNIT AND THE RENT THE INDIVIDUAL OR
FAMILY IS REQUIRED TO PAY UNDER SECTION SIX HUNDRED TWELVE OF THIS ARTI-
CLE.
2. THE COMMISSIONER SHALL ESTABLISH MAXIMUM RENT LEVELS FOR DIFFERENT
SIZED RENTALS IN EACH RENTAL AREA IN A MANNER THAT PROMOTES THE USE OF
THE PROGRAM IN ALL LOCALITIES BASED ON THE FAIR MARKET RENT OF THE
RENTAL AREA. RENTAL AREAS SHALL BE DETERMINED BY THE COMMISSIONER. THE
COMMISSIONER MAY RELY ON DATA OR OTHER INFORMATION PROMULGATED BY ANY
OTHER STATE OR FEDERAL AGENCY IN DETERMINING THE RENTAL AREAS AND FAIR
MARKET RENT.
3. THE PAYMENT STANDARD FOR EACH SIZE OF DWELLING UNIT IN A RENTAL
AREA SHALL NOT BE LESS THAN NINETY PERCENT AND SHALL NOT EXCEED ONE
HUNDRED TWENTY PERCENT OF THE FAIR MARKET RENT ESTABLISHED IN SECTION
SIX HUNDRED SIX OF THIS ARTICLE FOR THE SAME SIZE OF DWELLING UNIT IN
THE SAME RENTAL AREA, EXCEPT THAT THE COMMISSIONER SHALL NOT BE REQUIRED
AS A RESULT OF A REDUCTION IN THE FAIR MARKET RENT TO REDUCE THE PAYMENT
STANDARD APPLIED TO A FAMILY CONTINUING TO RESIDE IN A UNIT FOR WHICH
THE FAMILY WAS RECEIVING ASSISTANCE UNDER THIS ARTICLE AT THE TIME THE
FAIR MARKET RENT WAS REDUCED.
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§ 614. INSPECTION OF UNITS. INSPECTION OF UNITS SHALL BE CONDUCTED
PURSUANT TO THE PROCEDURES AND STANDARDS OF THE FEDERAL HOUSING CHOICE
VOUCHER PROGRAM, AS SET FORTH IN THE APPLICABLE SECTIONS OF PART 982 OF
TITLE 24 OF THE CODE OF FEDERAL REGULATIONS.
§ 615. RENT. 1. THE RENT FOR DWELLING UNITS FOR WHICH A HOUSING
ASSISTANCE PAYMENT CONTRACT IS ESTABLISHED UNDER THIS ARTICLE SHALL BE
REASONABLE IN COMPARISON WITH RENTS CHARGED FOR COMPARABLE DWELLING
UNITS IN THE PRIVATE, UNASSISTED LOCAL MARKET.
2. A HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR (OR OTHER ENTITY, AS
PROVIDED IN SECTION SIX HUNDRED SEVENTEEN OF THIS ARTICLE) MAY, AT THE
REQUEST OF AN INDIVIDUAL OR FAMILY RECEIVING ASSISTANCE UNDER THIS ARTI-
CLE, ASSIST THAT INDIVIDUAL OR FAMILY IN NEGOTIATING A REASONABLE RENT
WITH A DWELLING UNIT OWNER. A HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR
(OR OTHER SUCH ENTITY) SHALL REVIEW THE RENT FOR A UNIT UNDER CONSIDER-
ATION BY THE INDIVIDUAL OR FAMILY (AND ALL RENT INCREASES FOR UNITS
UNDER LEASE BY THE INDIVIDUAL OR FAMILY) TO DETERMINE WHETHER THE RENT
(OR RENT INCREASE) REQUESTED BY THE OWNER IS REASONABLE. IF A HOUSING
ACCESS VOUCHER LOCAL ADMINISTRATOR (OR OTHER SUCH ENTITY) DETERMINES
THAT THE RENT (OR RENT INCREASE) FOR A DWELLING UNIT IS NOT REASONABLE,
THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR (OR OTHER SUCH ENTITY)
SHALL NOT MAKE HOUSING ASSISTANCE PAYMENTS TO THE OWNER UNDER THIS
SUBDIVISION WITH RESPECT TO THAT UNIT.
3. IF A DWELLING UNIT FOR WHICH A HOUSING ASSISTANCE PAYMENT CONTRACT
IS ESTABLISHED UNDER THIS ARTICLE IS EXEMPT FROM LOCAL RENT CONTROL
PROVISIONS DURING THE TERM OF THAT CONTRACT, THE RENT FOR THAT UNIT
SHALL BE REASONABLE IN COMPARISON WITH OTHER UNITS IN THE RENTAL AREA
THAT ARE EXEMPT FROM LOCAL RENT CONTROL PROVISIONS.
4. EACH HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR SHALL MAKE TIMELY
PAYMENT OF ANY AMOUNTS DUE TO A DWELLING UNIT OWNER UNDER THIS SECTION,
SUBJECT TO APPROPRIATION OF FUNDS FOR THIS PURPOSE.
§ 616. VACATED UNITS. IF AN ASSISTED FAMILY VACATES A DWELLING UNIT
FOR WHICH RENTAL ASSISTANCE IS PROVIDED UNDER A HOUSING ASSISTANCE
PAYMENT CONTRACT BEFORE THE EXPIRATION OF THE TERM OF THE LEASE FOR THE
UNIT, RENTAL ASSISTANCE PURSUANT TO SUCH CONTRACT MAY NOT BE PROVIDED
FOR THE UNIT AFTER THE MONTH DURING WHICH THE UNIT WAS VACATED.
§ 617. LEASING OF UNITS OWNED BY A HOUSING ACCESS VOUCHER LOCAL ADMIN-
ISTRATOR. 1. IF AN ELIGIBLE INDIVIDUAL OR FAMILY ASSISTED UNDER THIS
ARTICLE LEASES A DWELLING UNIT (OTHER THAN A PUBLIC HOUSING DWELLING
UNIT) THAT IS OWNED BY A HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR
ADMINISTERING ASSISTANCE TO THAT INDIVIDUAL OR FAMILY UNDER THIS
SECTION, THE COMMISSIONER SHALL REQUIRE THE UNIT OF GENERAL LOCAL
GOVERNMENT OR ANOTHER ENTITY APPROVED BY THE COMMISSIONER, TO MAKE
INSPECTIONS REQUIRED UNDER SECTION SIX HUNDRED FOURTEEN OF THIS ARTICLE
AND RENT DETERMINATIONS REQUIRED UNDER SECTION SIX HUNDRED FIFTEEN OF
THIS ARTICLE. THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR SHALL BE
RESPONSIBLE FOR ANY EXPENSES OF SUCH INSPECTIONS AND DETERMINATIONS,
SUBJECT TO THE APPROPRIATION OF FUNDS FOR THIS PURPOSE.
2. FOR PURPOSES OF THIS SECTION, THE TERM "OWNED BY A HOUSING ACCESS
VOUCHER LOCAL ADMINISTRATOR" MEANS, WITH RESPECT TO A DWELLING UNIT,
THAT THE DWELLING UNIT IS IN A PROJECT THAT IS OWNED BY SUCH ADMINISTRA-
TOR, BY AN ENTITY WHOLLY CONTROLLED BY SUCH ADMINISTRATOR, OR BY A
LIMITED LIABILITY COMPANY OR LIMITED PARTNERSHIP IN WHICH SUCH ADMINIS-
TRATOR (OR AN ENTITY WHOLLY CONTROLLED BY SUCH ADMINISTRATOR) HOLDS A
CONTROLLING INTEREST IN THE MANAGING MEMBER OR GENERAL PARTNER. A DWELL-
ING UNIT SHALL NOT BE DEEMED TO BE OWNED BY A HOUSING ACCESS VOUCHER
LOCAL ADMINISTRATOR FOR PURPOSES OF THIS SECTION BECAUSE SUCH ADMINIS-
A. 1704 9
TRATOR HOLDS A FEE INTEREST AS GROUND LESSOR IN THE PROPERTY ON WHICH
THE UNIT IS SITUATED, HOLDS A SECURITY INTEREST UNDER A MORTGAGE OR DEED
OF TRUST ON THE UNIT, OR HOLDS A NON-CONTROLLING INTEREST IN AN ENTITY
WHICH OWNS THE UNIT OR IN THE MANAGING MEMBER OR GENERAL PARTNER OF AN
ENTITY WHICH OWNS THE UNIT.
§ 618. VERIFICATION OF INCOME. THE COMMISSIONER SHALL ESTABLISH PROCE-
DURES WHICH ARE APPROPRIATE AND NECESSARY TO ASSURE THAT INCOME DATA
PROVIDED TO THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR AND OWNERS BY
INDIVIDUALS AND FAMILIES APPLYING FOR OR RECEIVING ASSISTANCE UNDER THIS
ARTICLE IS COMPLETE AND ACCURATE. IN ESTABLISHING SUCH PROCEDURES, THE
COMMISSIONER SHALL RANDOMLY, REGULARLY, AND PERIODICALLY SELECT A SAMPLE
OF FAMILIES TO AUTHORIZE THE COMMISSIONER TO OBTAIN INFORMATION ON THESE
FAMILIES FOR THE PURPOSE OF INCOME VERIFICATION, OR TO ALLOW THOSE FAMI-
LIES TO PROVIDE SUCH INFORMATION THEMSELVES. SUCH INFORMATION MAY
INCLUDE, BUT IS NOT LIMITED TO, DATA CONCERNING UNEMPLOYMENT COMPEN-
SATION AND FEDERAL INCOME TAXATION AND DATA RELATING TO BENEFITS MADE
AVAILABLE UNDER THE SOCIAL SECURITY ACT, 42 U.S.C. 301 ET SEQ., THE FOOD
AND NUTRITION ACT OF 2008, 7 U.S.C. 2011 ET SEQ., OR TITLE 38 OF THE
UNITED STATES CODE. ANY SUCH INFORMATION RECEIVED PURSUANT TO THIS
SECTION SHALL REMAIN CONFIDENTIAL AND SHALL BE USED ONLY FOR THE PURPOSE
OF VERIFYING INCOMES IN ORDER TO DETERMINE ELIGIBILITY OF INDIVIDUALS
AND FAMILIES FOR BENEFITS (AND THE AMOUNT OF SUCH BENEFITS, IF ANY)
UNDER THIS ARTICLE.
§ 619. DIVISION OF AN ASSISTED FAMILY. 1. IN THOSE INSTANCES WHERE A
FAMILY ASSISTED UNDER THIS ARTICLE BECOMES DIVIDED INTO TWO OTHERWISE
ELIGIBLE INDIVIDUALS OR FAMILIES DUE TO DIVORCE, LEGAL SEPARATION OR THE
DIVISION OF THE FAMILY, WHERE SUCH INDIVIDUALS OR FAMILIES CANNOT AGREE
AS TO WHICH SUCH INDIVIDUAL OR FAMILY SHOULD CONTINUE TO RECEIVE THE
ASSISTANCE, AND WHERE THERE IS NO DETERMINATION BY A COURT, THE HOUSING
ACCESS VOUCHER LOCAL ADMINISTRATOR SHALL CONSIDER THE FOLLOWING FACTORS
TO DETERMINE WHICH OF THE INDIVIDUALS OR FAMILIES WILL CONTINUE TO BE
ASSISTED:
(A) WHICH OF SUCH INDIVIDUALS OR FAMILIES HAS CUSTODY OF DEPENDENT
CHILDREN;
(B) WHICH SUCH INDIVIDUAL WAS THE HEAD OF HOUSEHOLD WHEN THE VOUCHER
WAS INITIALLY ISSUED AS LISTED ON THE INITIAL APPLICATION;
(C) THE COMPOSITION OF SUCH INDIVIDUALS AND FAMILIES AND WHICH SUCH
FAMILY INCLUDES ELDERLY OR DISABLED MEMBERS;
(D) WHETHER DOMESTIC VIOLENCE WAS INVOLVED IN THE BREAKUP OF SUCH
FAMILY;
(E) WHICH FAMILY MEMBERS REMAIN IN THE UNIT; AND
(F) RECOMMENDATIONS OF SOCIAL SERVICES PROFESSIONALS.
2. DOCUMENTATION OF THESE FACTORS WILL BE THE RESPONSIBILITY OF THE
REQUESTING PARTIES. IF DOCUMENTATION IS NOT PROVIDED, THE HOUSING ACCESS
VOUCHER LOCAL ADMINISTRATOR WILL TERMINATE ASSISTANCE ON THE BASIS OF
FAILURE TO PROVIDE INFORMATION NECESSARY FOR A RECERTIFICATION.
§ 620. MAINTENANCE OF EFFORT. ANY FUNDS MADE AVAILABLE PURSUANT TO
THIS ARTICLE SHALL NOT BE USED TO OFFSET OR REDUCE THE AMOUNT OF FUNDS
PREVIOUSLY EXPENDED FOR THE SAME OR SIMILAR PROGRAMS IN A PRIOR YEAR IN
ANY COUNTY OR IN THE CITY OF NEW YORK, BUT SHALL BE USED TO SUPPLEMENT
ANY PRIOR YEAR'S EXPENDITURES. THE COMMISSIONER MAY GRANT AN EXCEPTION
TO THIS REQUIREMENT IF ANY COUNTY, MUNICIPALITY, OR OTHER GOVERNMENTAL
ENTITY OR PUBLIC BODY CAN AFFIRMATIVELY SHOW THAT SUCH AMOUNT OF FUNDS
PREVIOUSLY EXPENDED IS IN EXCESS OF THE AMOUNT NECESSARY TO PROVIDE
ASSISTANCE TO ALL INDIVIDUALS AND FAMILIES WITHIN THE AREA IN WHICH THE
A. 1704 10
FUNDS WERE PREVIOUSLY EXPENDED WHO ARE HOMELESS OR FACING AN IMMINENT
LOSS OF HOUSING.
§ 621. VOUCHERS STATEWIDE. NOTWITHSTANDING SECTION SIX HUNDRED ELEVEN
OF THIS ARTICLE, ANY VOUCHER ISSUED PURSUANT TO THIS ARTICLE MAY BE USED
FOR HOUSING ANYWHERE IN THE STATE. THE COMMISSIONER SHALL INFORM VOUCHER
HOLDERS THAT A VOUCHER MAY BE USED ANYWHERE IN THE STATE AND, TO THE
EXTENT PRACTICABLE, THE COMMISSIONER SHALL ASSIST VOUCHER HOLDERS IN
FINDING HOUSING IN THE AREA OF THEIR CHOICE. PROVIDED FURTHER, HOWEVER,
THAT A VOUCHER MUST BE USED IN THE COUNTY IN WHICH IT WAS ISSUED, OR
WITHIN THE CITY OF NEW YORK, IF THE VOUCHER WAS ISSUED WITHIN THE CITY
OF NEW YORK, FOR NO LESS THAN ONE YEAR BEFORE IT CAN BE USED IN A
DIFFERENT JURISDICTION, UNLESS THE ISSUING HOUSING ACCESS VOUCHER LOCAL
ADMINISTRATOR GRANTS A WAIVER, OR THE VOUCHER HOLDER, OR A FAMILY MEMBER
THEREOF, IS OR HAS BEEN THE VICTIM OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, OR STALKING.
§ 622. APPLICABLE CODES. HOUSING ELIGIBLE FOR PARTICIPATION IN THE
HOUSING ACCESS VOUCHER PROGRAM SHALL COMPLY WITH APPLICABLE STATE AND
LOCAL HEALTH, HOUSING, BUILDING AND SAFETY CODES.
§ 623. HOUSING CHOICE. 1. THE COMMISSIONER SHALL ADMINISTER THE HOUS-
ING ACCESS VOUCHER PROGRAM UNDER THIS ARTICLE TO PROMOTE HOUSING CHOICE
FOR VOUCHER HOLDERS. THE COMMISSIONER SHALL AFFIRMATIVELY PROMOTE FAIR
HOUSING TO THE EXTENT POSSIBLE UNDER THIS PROGRAM.
2. NOTHING IN THIS ARTICLE SHALL LESSEN OR ABRIDGE ANY FAIR HOUSING
OBLIGATIONS PROMULGATED BY MUNICIPALITIES, LOCALITIES, OR ANY OTHER
APPLICABLE JURISDICTION.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule, regulation, plan or guidance document necessary for
the implementation of this act on its effective date are authorized to
be made and completed on or before such effective date; provided further
that any rule, regulation, plan or guidance document shall apply only to
those counties located outside of the city of New York. The New York
city department of housing preservation and development and the New York
city housing authority, as applicable, shall promulgate or release
rules, regulations, plans or guidance documents as necessary for the
implementation of this act within the city of New York.