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Can my lease be terminated for unrealistic income in public housing?

Can my lease be terminated for unrealistic income in public housing?

Full question:

I live in a public housing development in NYC. I work per diem which they are aware of. They are now threatning to terminate my lease due to unrealistic income. Is this legal?

Category: Landlord Tenant
Subcategory: Lease Termination
Date: 04/07/2025
State: New York

Answer:

In New York City public housing, tenants must complete an annual income recertification. This process starts with the mailing of the "Affidavit of Income" to Section 8 participants. You need to provide details about your household composition, total income, and citizenship on this affidavit. NYCHA staff will review and verify this information to determine your rent portion for the next twelve months.

Your rent is calculated based on your adjusted gross income, which must be at least thirty percent of your income. If your income cannot be verified or if you fail to provide the required information, your rent subsidy may be terminated.

If you receive a termination notice, you have the right to request a fair hearing. This request must be in writing and sent to the supervisor at your local Leased Housing borough office. Your subsidy will remain in effect during the hearing process until a written decision is made.

Since the Housing Authority staff may interpret income reliability differently, it’s advisable to discuss your situation with them and, if necessary, request a hearing.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the Section 8 law in NY?

Section 8 in New York provides rental assistance to low-income families, allowing them to afford housing in the private market. The program subsidizes a portion of the rent based on household income and family size. Participants must comply with income verification and recertification requirements annually. The New York City Housing Authority (NYCHA) administers this program, ensuring that landlords meet specific standards and that tenants maintain eligibility.

What are the rules for Section 8 in NY?

In New York, Section 8 rules require tenants to report their income and household changes annually. Rent is based on 30% of the tenant's adjusted gross income. Landlords must accept Section 8 vouchers and cannot discriminate against tenants based on their participation in the program. Tenants must also adhere to lease agreements and maintain the property in good condition.

What is the income limit for Section 8 in NYS?

Income limits for Section 8 in New York State vary by county and family size. Generally, the limits are set at 50% of the area's median income, with some programs targeting those at 30% of the median. To qualify, your income must fall below these thresholds, and you will need to provide documentation during the annual recertification process.

What is the habitability law in NYC?

In New York City, the habitability law requires landlords to maintain rental properties in a safe and livable condition. This includes ensuring that essential services like heat, water, and electricity are provided. Tenants have the right to report violations to the city’s Department of Housing Preservation and Development (HPD) and can seek repairs through legal action if necessary.

Can landlords refuse Section 8 in NY?

In New York, landlords cannot refuse to rent to tenants based solely on their participation in the Section 8 program. This is prohibited under New York City’s Human Rights Law. However, landlords can refuse Section 8 tenants for legitimate reasons, such as poor credit history or insufficient income to cover the rent, as long as these reasons are not discriminatory.

What is the lease termination law in NYC?

In New York City, lease termination laws require landlords to provide written notice to tenants before terminating a lease. The notice period depends on the lease type and the reason for termination. For nonpayment of rent, a 14-day notice is typically required. Tenants have the right to contest lease terminations and may seek legal recourse if they believe the termination is unjust.