9 CRR-NY 1727-2.8NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 9. EXECUTIVE DEPARTMENT
SUBTITLE S. DIVISION OF HOUSING AND COMMUNITY RENEWAL
CHAPTER IV. STATE-ASSISTED HOUSING CONSTRUCTED BY PRIVATE ENTERPRISE
SUBCHAPTER C. HOUSING COMPANY MANAGEMENT
PART 1727. OCCUPANCY
SUBPART 1727-2. DETERMINATION OF ELIGIBILITY FOR ADMISSION OR CONTINUED OCCUPANCY
9 CRR-NY 1727-2.8
9 CRR-NY 1727-2.8
1727-2.8 Occupancy standards.
(a) Apartment assignments must conform to the following occupancy chart provided such assignment does not violate Federal, State, and local building, health, safety and fair housing laws:
Household size for admission
Apartment size(minimum-maximum)
Studio1-2
1 Bedroom1-2
2 Bedroom2-4
3 Bedroom4-6
4 Bedroom5-8
5 Bedroom7-10
It is the housing company's responsibility to verify household composition. For both new admission and transfer applications, the members of the applicant's household must be residing together and must meet the applicable household size requirements at the time of application and at the time of apartment availability. Nevertheless, when appropriately documented, a child subject to a joint custody agreement who lives with the family 50 percent or more of the time, or a child away at school, may be included in the household count.
(b) Exceptions to the minimum household size in the above schedule may be permitted in the following circumstances:
(1) To encourage downsizing from underutilized units, a transfer to a smaller apartment may be permitted even if the household size is less than the minimum. A housing company may create a plan, with the division's approval, to provide additional incentives for such downsizing.
(2) If no applicants on the waiting list meet the occupancy standard for an apartment of a particular size, despite active marketing efforts, the apartment may be offered to applicants eligible for the next smaller sized apartment in chronological order based on application date. In such cases, it will not be counted as a refusal if the applicant declines the larger apartment.
9 CRR-NY 1727-2.8
Current through September 15, 2021
End of Document

IMPORTANT NOTE REGARDING CONTENT CURRENCY: The "Current through" date indicated immediately above is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Administrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of NYS Rules.