C. Public Housing Public Housing

• Jurisdiction: New York

C. Public Housing

Government entities administered by the Housing Authorities (HAs) can make public housing available to low-income families and individuals based on age, disability, annual income, and a combined household income of less than 80% of the median income for the county or metropolitan area where the housing is located. To be eligible for public housing, at least one member of the proposed household must be a U.S. citizen or an eligible noncitizen. Eligible noncitizens include immigrants lawfully admitted for permanent residence,⁴⁶⁰ noncitizen residents in the United States prior to 1972,⁴⁶¹ legally recognized refugees,⁴⁶² persons granted asylum⁴⁶³ or immigration amnesty,⁴⁶⁴ and persons whose deportation has been stayed due to a threat to life or freedom.⁴⁶⁵ The same categories apply to other federally subsidized housing programs.

To become a tenant in a public housing project, an applicant must follow the procedure established by the HA. The restrictions on eligibility for an HA tenancy are strictly enforced, and such a tenancy cannot be created by waiver or estoppel.⁴⁶⁶ Absent compliance with HA tenancy prerequisites, a person's mere occupancy of a public housing apartment or tender of rent may establish, at most, a licensee relationship with the HA. ⁴⁶⁷

Federally assisted housing has its own set of rules, independent of those enacted by New York State. For example, there is a "one-strike" policy with regard to drug-related criminal activity in federally sponsored housing. ⁴⁶⁸

A program similar to public housing exists in the private sector, established by § 42 of the Internal Revenue Code, by which investors earn tax credits by providing low-income housing.⁴⁶⁹ To participate in the program, financially eligible tenants must submit annual statements of household composition and earnings to either the HA or the private landlord for purposes of setting the rent. Currently, rent is fixed at approximately one-third of a tenant's anticipated gross annual income, less certain deductions. Once a qualified tenant enters into occupancy of the premises, the HA or private landlord may not evict based on excessive income without showing that the family income would suffice to cover the cost of private, unsubsidized housing.

New York State also provides rent subsidies and funds low-rent housing in the form of limited-profit and limited-dividend housing companies organized under the PHFL. This low-rent housing is administered by municipal housing authorities or, in municipalities where there is no housing authority, by the municipality itself. In exchange for state aid, which generally takes the form of low-interest loans and property tax exemptions, housing companies agree to be governed by DHCR⁴⁷⁰ or in New York City, by DHPD.⁴⁷¹

The New York City Housing Authority (NYCHA) may terminate a tenancy on various grounds, including nondesirability, the reasons for which can range from nuisance...