Chapter 8: Recertifications and Continued Occupancy

The U.S. Department of Housing and Urban Development (HUD) requires the re-examination of every resident’s income and household composition at least once every 12 months. New York City Housing Authority (NYCHA) fulfills this requirement by conducting an Annual Recertification based on information provided by the resident in the Affidavit of Income (AOI). After reviewing and verifying the information submitted by the resident, NYCHA determines the resident’s rent.

Key Acronyms

• • AOI: Affidavit of Income
  • CSR: Community Service Requirements
  • HUD: U.S. Department of Housing and Urban Development
  • NPHOI: Non-Public Housing Over Income
  • NYCHA: New York City Housing Authority

  Annual Recertification and Continued Eligibility

  Residents who meet the following criteria will be eligible for continued occupancy:

  • • Resident is in compliance with the terms of their lease and NYCHA policies and house rules;
    • Household members include only people listed on the current lease, as well as household members added in accordance with Chapter 6(j),Authorized Occupants;
    • All household members have verified Social Security numbers or HUD-issued alternate IDs;
    • All household members meet HUD standards on citizenship or immigration status or are paying a pro-rated rent. Each household must contain at least one U.S. citizen or eligible non-citizen at all times; and
    • All adult household members are in compliance with Community Service Requirements (CSR), as applicable. Refer to Chapter 13, Community Service and Self-Sufficiency Requirements, for more information.

    In order to be recertified, residents are required to provide current and accurate information on income, assets, allowances, and deductions, expenses and household composition through the AOI and related forms. Refer to Chapter 7: Rent Calculation and Verifications for more information.

    The AOI can be completed online or on paper. For residents that are scheduled for an Annual Recertification and have opted-out of the online process, a paper AOI packet is mailed directly to the resident one calendar month before it is due to be returned and 120 days in advance of its scheduled effective date.

    Residents who complete their Annual Recertification online are not mailed a paper packet. They are sent NYCHA Form 040.904, PH Initial Notification Letter to Tenant informing them to complete their Annual Recertification with instructions on how to complete it online via the NYCHA Self-Service Portal. NYCHA Form 040.904, PH Initial Notification Letter to Tenant is mailed to the resident one calendar month before it is due to be returned and 120 days in advance of its scheduled effective date.

    Annual Recertification Period

    Annual Certification Review Dates

    AOI Notification Sent to Residents

    Annual Recertification and Lease Effective Date

    Term of Lease

    For example: The 1st Quarter Annual Review period begins December 1 and ends April 30th.

    Refer to Chapter 2(d), Reasonable Accommodations, for information related to program accessibility and Limited English Proficiency accommodations.

    NYCHA verifies the information provided, including the household’s composition and income, and mails NYCHA Form 040.623, Public Housing Lease Addendum and Rent Notice directly to the resident via the United States Postal Service.

    The Public Housing Lease Addendum and Rent Notice contains the following information:

    • • New rent and its effective date: The rent may have increased, decreased, or remained the same;
      • Household Composition and Occupancy Notice: Lists all permanently authorized household members, and notifies the resident how a person may receive permanent residency permission;
      • Choice of Rent Calculation: Informs the resident that household rent is being calculated at the lower of income-based rent or the flat rent; If a family would prefer to pay the higher rent , they may contact their property management office to request a change ;
      • Projected Income: Projects the income of each household member;
      • Allowances and Deductions: Lists applicable deductions for dependent, child care, disability assistance, elderly/person with a disability household, or medical deductions;
      • Additional Monthly Rent for Amenities: This is a charge for residents living in a master metered building who signed an Appliance Agreement to keep one or more major appliances in their apartment.
      • Utility Allowance: Allowance deducted from the resident’s monthly rent given for residents living in an individually metered building, who pay a utility company directly for resident consumption of utilities;
      • An explanation of any retroactive charge or retroactive credit; and
      • Information about how to pursue a grievance if they don’t agree with the determination.

      Streamlined Income Certification for Fixed Income Households

      1. When 100 percent of a family's unadjusted income consists of fixed income , NYCHA must apply a cost of living adjustment ( COLA ) or COLAs to the family's fixed-income sources, provided that the family certifies both that 100 percent of their unadjusted income is fixed income and that their sources of fixed income have not changed from the previous year.
      2. HUD defines “fixed income” as the following:

      (i) Social Security, Supplemental Security Income, Supplemental Disability Insurance.

      (ii) Federal, state, local, or private pension plans.

      (iii) Annuities or other retirement benefit programs, insurance policies, disability or death benefits, or other similar types of periodic receipts.

      (iv) Any other source of income subject to adjustment by a verifiable COLA or current rate of interest.

      1. For any income determined pursuant to a streamlined income determination, NYCHA must obtain third-party verification of all income amounts every 3 years

      Failure to Complete Recertification

      If a resident fails to complete the AOI and/or submit required documentation, NYCHA will start termination of tenancy proceedings. Examples of required documents include the AOI form, supporting documents for earned income, etc.

      Past Due Simplified Annual Recertification

      Residents who have a past due Annual Recertification beyond the current year under review may qualify to submit a Past Due Simplified Annual Recertification. To qualify to submit a Past Due Simplified Annual Recertification the resident must certify that there has been no change in their household income of $200 or more and/or a change in their household composition since their last completed Annual or Interim Recertification. Residents can submit their past due Annual Recertification by completing NYCHA Form 040.297F, Past Due Public Housing Affidavit of Income-Annual Recertification. This form can be submitted online via NYCHA Self-Service Portal or in person with property management staff. If NYCHA determines a resident does not meet the criteria to submit a Past Due Annual Recertification, NYCHA will inform the resident by mail that they do not meet the criteria to submit a Past Due Simplified Annual Recertification and must now submit a traditional Annual Recertification. Residents cannot submit a Past Due Simplified Annual Recertification for a current year Annual Recertification.

      Interim Recertifications

      An Interim Recertification is the re-examination required when there is a change in a household’s composition, income, disability, senior citizenship status, or student status, that occurs between Annual Recertification periods. An interim recertification reviews the anticipated income for the upcoming twelve (12) months.

      Residents are required to report the following changes within thirty (30) calendar days of the change occurring, which may result in a change in resident rent:

      • • A household member moves out of the apartment;
        • Addition of a member(s) to the household (refer to Chapter 6(j), Authorized Occupants, for more information); or
        • An adult member of the family who was reported as unemployed on the most recent Annual or Interim Recertification obtains employment.
        • Residents are not required to, but may report (optional) the following changes, which may result in a change in resident rent:
        • Decreases in income including, but not limited to, loss of employment, reduction in number of hours worked by an employed household member, and loss or reduction of benefits income;
        • Increases in allowances including, but not limited to, increased medical expenses, and higher childcare costs; and
        • Other changes affecting the calculation of a household’s annual or adjusted income including, but not limited to, a family member turning 62 years old, becoming a full-time student, or becoming a person with a disability.

        Residents may initiate an Interim Recertification via the NYCHA Self-Service Portal. Residents also have the option of requesting a paper packet to submit their Interim Recertification. To submit an Interim Recertification in person, residents must indicate the following information and provide their supporting documentation in person to property management staff:

        • • Type of change;
          • Reason for the change;
          • Household member who experienced the change; and
          • Date of the change.

          NYCHA will update the resident on the status of their Interim Recertification throughout the process via email or mail. NYCHA may request missing and/or additional information from the resident to process the Interim Recertification.

          NYCHA ’s established threshold for requesting an Interim Recertification for decreases in adjusted income is any amount more than a zero percent adjusted income decrease . Therefore, NYCHA will conduct an interim recertification of family income if the family’s adjusted income decreases by any amount NYCHA must conduct an interim recertification of family income when NYCHA becomes aware that the family’s adjusted income has increased by 10 percent or more. NYCHA will not conduct an interim recertification for increases in the last three months of a certification period. NYCHA may not consider any increase in earned income of the family when estimating or calculating whether the family’s adjusted income has increased unless the family has previously received an interim recertification for a decrease in the family’s income during the year following the completion of their annual recertification.

          NYCHA must process an immediate interim recertification of income in cases where the lump sum addition to assets would lead to imputed income which is unearned income, and would increase the family’s annual adjusted income by 10 percent or more (unless the addition takes place in the last three months of the family’s income certification period (effective date of HOTMA provisions: December 1, 2024).

          The effective date of the rent change depends on whether the resident reported the Interim Recertification request in a timely manner (within 30 calendar days of the change occurring), and whether the rent will increase or decrease.

          If the resident reported the change within 30 calendar days :

          • • If a resident's rent increases after an Interim Recertification, the new rent will go into effect on the first of the month commencing at least one calendar month from when the interim was approved.
            • If a resident’s rent decreases after an Interim Recertification, the new rent will go into effect on the first day of the first month after the date of the actual change leading to the interim recertification of family income (effective date of HOTMA provisions: December 1, 2024).

            If the resident did not report the change within 30 calendar days :

            • • If a resident’s rent increases after an Interim Recertification , the new rent will go into effect on the first of the month commencing at least one calendar month from when the interim recertification was approved.
              • If a resident’s rent decreases after an Interim Recertification, the new rent will go into effect on the first day of the first month after the date of the actual change leading to the interim recertification of family income (effective date of HOTMA provisions: December 1, 2024)

              NYCHA must process an interim review within 30 calendar days from the date the change is reported by the resident. While an interim is pending, NYCHA may not serve a rent demand, commence a non-payment proceeding, or bring new chronic rent delinquency charges against the tenant. If the interim is approved, NYCHA must wait until 14 days after issuance of the ensuing lease addendum and rent notice to proceed. Any new interim request based on the same change in household income as a prior closed request will not preclude NYCHA from commencing a non-payment proceeding or serving a chronic rent delinquency charge while the new interim is pending. If there are existing non-payment proceedings in Landlord and Tenant Court or administrative chronic rent delinquency charges against a tenant and the tenant submits an interim recertification request for the time period covered in the proceeding or charges, the court or administrative proceeding must be adjourned until the interim is processed.

              Rent Hardship

              A household may qualify for a rent reduction based on rent hardship if all the following conditions are met:

              • • There is a five percent reduction to gross income;
                • Current rent is more than 30 percent of the gross income; and
                • Reduction in income has lasted at least two months.

                Over-Income Residents

                Residents whose annual income exceeds the over-income limit (defined below) for 24 consecutive months may remain in the unit if they sign a non-public housing over-income lease and pay the alternative non-public housing rent (alternative rent). After signing the new lease, the resident will no longer be considered a participant of the public housing program and will be considered a Non-Public Housing Over Income (NPHOI) resident. The alternative rent is the greater of the applicable Fair Market Rent (FMR) for each unit size established by HUD; or the amount of monthly subsidy provided for the unit (i.e., the amount of funding NYCHA receives from HUD per public housing unit each year).

                NYCHA calculates the over-income limits each year based on HUD’s income limits for program eligibility. For each unit size, NYCHA multiplies HUD’s income limit for a very low-income family by a factor of 2.4. Refer to NYCHA’s website for details on the over-income and general income limits.

                1. 1. 1. Determining Over-Income Status and 24-Month Clock

                      NYCHA determines a resident’s household annual income and compares it to the over-income limits at each Annual Recertification and Interim Recertification:

                      • • • An Annual Recertification is the scheduled process of determining a resident’s continued eligibility for public housing and calculating the resident’s rent-based income and family composition. NYCHA must complete an Annual Recertification for each resident at least once every twelve (12) months.
                          • An Interim Recertification is the process of determining a resident’s continued eligibility for public housing and calculating the resident’s rent based on changes in the resident’s income, household composition, disability, senior citizenship status, or student status that occur between Annual Recertification periods. Residents must report any income and household composition changes to NYCHA as outlined in this Chapter, Section(f), Interim Recertifications.

                          The 24-month clock will start after NYCHA determines through an Annual Recertification or Interim Recertification that a resident’s household annual income exceeds the over-income limit. During the 24 consecutive month grace period, the resident will continue to pay the appropriate public housing rent. If NYCHA becomes aware of a decrease in income that results in the resident’s household annual income falling below the over-income limit, the resident is no longer considered over-income and the 24-month clock stops; this may also result in a new public housing rent depending on the total household annual income and family composition. A new 24-month clock starts if the resident’s household annual income later increases above the over-income limit.

                          NYCHA will provide written notice to the resident when they have exceeded the over-income limit no later than 30 days after NYCHA’s initial determination of over-income status. This notice will explain: a) the resident has exceeded the over-income limit during the Annual Reexamination or an Interim Reexamination process; and b) if their household annual income remains over the limit for 24 consecutive months, they will be required to sign a non-public housing over income lease and pay the alternative rent. Residents have the right to file a rent grievance. Refer to Chapter 12(d), Grievances for Residents, for more information.

                          NYCHA reexamines the resident’s household annual income and will provide written notice to the resident when they have exceeded the over-income limit for 12 consecutive months after the initial over-income determination. NYCHA must send written notice no later than 30 days after NYCHA has reexamined income and determined continued over-income status. The notice will explain: a) the resident has exceeded the over-income limit for 12 consecutive months; b) if their household annual income remains over the limit for the next 12 consecutive months, they will be required to sign a non-public housing over income lease and pay the alternative rent; and c) the estimated alternative rent. Residents will also be informed that they have the right to file a rent grievance. Refer to Chapter 12(d), Grievances for Residents, for more information.

                          NYCHA reexamines the resident’s household annual income and will provide written notice to the resident when they have exceeded the over-income limit for 24 consecutive months after the initial over-income determination. NYCHA must send written notice no later than 30 days after NYCHA has reexamined income and determined continued over-income status. The notice will explain: a) the resident has exceeded the over-income limit for 24 consecutive months; b) if the resident wishes to remain, the resident will be required to sign the non-public housing over income lease and pay the alternative rent; c) the effective date of the alternative rent (i.e., no more than 60 days after the date of this 24-month notification); and the estimated alternative rent. Residents will also be informed that they have the right to file a rent grievance. Refer to Chapter 12(d), Grievances for Residents, for more information.

                          NYCHA will initiate eviction proceedings if resident fails to sign the NPHOI lease.

                          A long with the final 24-month notification, NYCHA will offer the resident a new non-public housing over-income (NPHOI) lease that includes the alternative rent The resident must sign the lease within 60 days after the date of the 24-month notification. Under the new lease, the resident is considered an NPHOI resident and no longer a public housing resident.

                          If a resident declines to sign a new lease with the alternative rent, NYCHA will proceed to initiate a holdover proceeding in civil court. The resident will continue to be a public housing program participant with their public housing rent in the period before eviction. NYCHA is required to evict the household no later than six months after the date of the 24-month notification.

                          Once a NPHOI resident has signed the NPHOI lease, NPHOI residents are required to adhere to the terms of that lease. NPHOI residents may not participate in programs that are only for public housing residents such as participation in a resident council or Section 3 opportunities. NYCHA does not complete Annual Recertifications/Interim Recertifications or apply utility allowances for NPHOI residents.

                          NPHOI residents will be required to complete a household composition survey annually and their rent will be set using HUD’s fair market rent calculations.

                          NYCHA will issue a new NPHOI lease each year for NPHOI residents which will inform them of their new rent. The NPHOI resident will need to accept the lease renewal by signing the new lease.

                          NPHOI residents will still be able to:

                          • • • Access NYCHA’s Customer Contact Center (CCC) and the MyNYCHA App to submit work order requests for their apartment.
                              • Submit a transfer request. Requests can be made via NYCHA Self-Service Portal or in person with property management staff. Refer to Chapter 10, Transfers, for more information.
                              • NPHOI residents also have the right to file a grievance based on the following:
                                • apartment remaining family member rights,
                                • denial of reasonable accommodation,
                                • or denial of a request to add a member to the household.