- How does the Section 8 recertification process work?
The recertification (a.k.a. annual income review) process begins with the mailing of the “Affidavit of Income” to the Section 8 participants. The affidavit of income is mailed each year to active participants at least five months in advance of their lease end date. Each participant is required to list his or her family composition, total household income, and citizenship on the affidavit of income. Information from the affidavit of income will be reviewed and verified by NYCHA staff. This information will be used to determine the participant’s rent portion to the landlord for the proceeding 12 month period. The affidavit of income can be mailed or hand delivered to the housing assistant, but it must be received before the deadline date listed on top of the affidavit.
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- How is the participant’s portion of the rent calculated?
Rent is set according to the income information received on the affidavit of income. The participant’s adjusted gross income is used in the rent calculation process to determine the participant’s portion of the rent to the landlord. Participants must pay at least 30% of their adjusted gross income towards the total rent for the apartment. In some cases, they may pay more than 30% of their adjusted gross income if the contract rent for the apartment exceeds the voucher payment standard (the maximum limit for subsidy payments). At the completion of each recertification, Section 8 participants receive a voucher change notice, which officially informs the participant of the effective date of their new share of the rent to the landlord.
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- What documents are required for Section 8 participants, including those receiving public assistance, during the recertification process?
Section 8 participants, including those participants receiving public assistance, are required to complete and sign the affidavit of income for recertification. Proof of total household income must be attached to the affidavit. The proof may include pay stubs and W-2s. In most cases, NYCHA can confirm public assistance benefits for participants electronically with the Human Resources Administration.
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- What happens if a Section 8 participant fails to submit income documentation for recertification?
If a Section 8 participant does not provide the necessary documentation for recertification by the established deadline date, subsidy on behalf of the participant shall be terminated. However, please keep in mind that Section 8 participants are given every opportunity to provide the required income documentation to avoid termination of subsidy. As stated earlier, income affidavits are mailed to participants five months in advance to ensure timely submission of income documentation. In addition, termination notices are also sent to participants warning them of the consequences for those who fail to provide the required documentation. Section 8 participants have the right to a fair hearing to contest termination action. All hearing requests must be made in writing and addressed to the supervisor at the appropriate Leased Housing borough office. During the hearing process, the participant’s subsidy remains in effect until the hearing officer makes a determination in writing.
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- Can a former Section 8 participant request restoration of subsidy after being terminated from the Section 8 program?
NYCHA does have a Section 8 restoration policy that is limited to specific termination cases such as: excess income tenants who lose income within one year of termination of subsidy, long-term suspension cases where landlords have completed repairs of the original inspection violations and termination cases were processed in error by NYCHA staff. In such cases, the former Section 8 participant may request restoration of subsidy by writing a detailed letter and by attaching supporting documentation addressed to the appropriate Section 8 borough office management manager. The manager will review the facts and make his/her decision in writing. However, before a participant’s subsidy can be approved for restoration prospectively, full compliance with NYCHA’s rules and regulations must be met.
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- How long does it take to recalculate a participant’s share of the rent when there is a reduction in total household gross income?
Section 8 participants are required to report reductions in household income and family composition to their Housing Assistant. In instances where the reduction of income was due to the loss of employment, an interim rent change shall be processed after a 13-week waiting period (26 weeks for non-fixed income). At the expiration of the 13-week waiting period, if the tenant’s income status has not changed, an interim rent change shall be processed to reduce the participant’s portion of the rent to the landlord. Participants must provide documentation showing that they are no longer employed at the time of the interim change.
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- Can Section 8 participants add persons to their household?
Section 8 participants may request permission to add additional members to their household. However, except for births and court awarded custody/guardianship, no person may join a Section 8 participant’s household unless the head of household requests his/her inclusion in writing and written permission is granted by NYCHA. NYCHA shall deny permission on the grounds of non-desirability for any person(s) age 16 or older, who fails a criminal background check or is listed as a Sex Offender. If a grant of permission creates an overcrowded condition, NYCHA shall offer the family a transfer voucher for a larger apartment upon expiration of the current lease.
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- What is NYCHA’s policy on Section 8 tenant transfers?
The Section 8 transfer process begins with the signing of the “Tenant Request for Transfer” form by the Section 8 tenant of record. The tenant must first be found eligible to receive a transfer voucher. Transfer requests are reviewed and prioritized as “emergency” or “non-emergency” by the Section 8 supervisor. For non-emergency transfer cases, upon approval, the tenant’s name is placed on the non-emergency waiting list at the Leased Housing borough office in which they reside. Due to the heavy volume of transfer requests received daily at the various Section 8 borough offices, the waiting time for non-emergency transfers can be considerable. However, tenants that require immediate assistance are issued emergency Section 8 transfer vouchers in an expeditious manner.
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- I put in for a Section 8 transfer voucher, why must I wait a year to receive it?
NYCHA has reduced the waiting period for non emergency transfers considerably over the past couple of years. As a result, non-emergency transfers now generally take approximately 3 months. However, emergency transfers vouchers are usually issued within 3-6 weeks.
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- Can a Section 8 applicant or existing tenant rent an apartment outside New York City?
Yes. Section 8 applicants or existing tenants can rent apartments outside New York City. This process is called “Portability.” Since the Section 8 Housing Choice Voucher program is a federally funded program, voucher holders may request portability vouchers to use or transfer their Section 8 subsidy to any county or state that accepts a housing choice voucher. However, Section 8 voucher holders must be in good standing with NYCHA and determined eligible to receive a portability transfer voucher.
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- Where are NYCHA’s Section 8 Leased Housing Borough Offices located?
Brooklyn: 350 Livingston Street, 3rd Floor, Brooklyn, NY 11217
Bronx: 1 Fordham Plaza, 3rd Floor, Bronx, NY 10458
Manhattan: 55 West 125th Street, 8th Floor, New York, NY 10027
Queens: 59-17 Junction Boulevard, 2nd Floor, Corona, NY 11368
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- What is a Section 8 transfer emergency?
Emergency priority is given to Victims of Domestic Violence, Intimidated Victims or Witnesses in a crime, Child Sexual Victims and families facing eviction or with life-threatening health issues. Emergency priority is also given to families living in apartments where the landlord hasn’t corrected serious Housing Quality Standards violations in a timely manner.
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- Will NYCHA defend me in instances of rent or building violations?
NYCHA will suspend payment to a landlord who fails to maintain the apartment as required until the violations are removed. However, NYCHA cannot fine a landlord who has building violations. Either the NYC Department of Housing Preservation and Development or the courts can do that. It is the resident’s responsibility to report the violation to Landlord and Tenant Court or report violations to the Code Enforcement Unit of the City Department of Housing Preservation and Development. NYCHA makes sure that Section 8 participants receive an approved lease from the landlord. After that, either the landlord or the participant must bring their dispute to the courts.
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- Does Section 8 help landlords evict tenants?
Landlords can evict Section 8 tenants. However, they must first notify the Section 8 Eviction Review Unit at (212)-306-8500. The Section 8 Eviction Review Unit will then determine if the landlord has a valid reason (e.g. non-payment of the tenant’s rent portion) to proceed with eviction proceedings.
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