Proposed Amendment of CityFHEPS Rules Concerning Certain Regulated Units

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Comment By: 
Tuesday, April 21, 2020


Notice of Extension of Emergency Rule


 Notice is further given, pursuant to New York City Charter Section 1043(i)(2), that the emergency rule issued on January 30, 2020 authorizing additional CityFHEPS rental assistance payments in connection with certain regulated units is hereby extended an additional sixty (60) days, to May 29, 2020.  The additional sixty (60) days are needed for HRA to adopt a final rule concerning these payments after completing the public comment process set forth in New York City Charter Section 1043(e). 


Statement of Basis and Purpose of Proposed Rule


In order to implement the Mayor’s priority of preventing homelessness and moving households into stable housing, the Commissioner of the New York City Department of Social Services / Human Resources Administration (DSS/HRA) issued an emergency rule January 30, 2020 concerning the CityFHEPS rental assistance program.  Specifically, the emergency rule authorizes DSS/HRA, to make additional payments, over and above the regular CityFHEPS rental assistance amounts, to landlords of units that are subject to the New York City Department of Housing Preservation & Development ("HPD") / New York City Housing Development Corporation (“HDC”) Marketing Handbook pursuant to a regulatory agreement or similar instrument for which HPD and/or HDC is requiring or approving that such units be filled by homeless individuals or families  instead of or subsequent to a lottery, where such payments are needed to make up the difference between the CityFHEPS maximum rent and the regulatory rent.  The emergency rule was prompted by the availability of more than 150 rent-regulated units, many under the State’s 421-a Affordability Option C program. The additional payments authorized under the emergency rule have already enabled individuals to exit shelter and move into these units.


HRA now proposes making the provisions of the emergency rule permanent so that these payments can continue.


Additionally, HRA also proposes revising section 10-09(a) concerning midyear recalculations of the CityFHEPS rental assistance amount.  That provision currently provides that the agency will recalculate the CityFHEPS rental assistance amount, at the household’s request, only where the household’s income has decreased prior to renewal.  However, there are instances, including when a smaller household who was previously on cash assistance receives disability benefits, where a household may potentially benefit from a midyear recalculation when their income has increased midyear.  Therefore, HRA proposes amending the provision to provide that, upon request, the agency will recalculate the CityFHEPS rental assistance payment prior to renewal whenever there is a change in income that would decrease the household’s client contribution.


HRA’s authority for this rule may be found in sections 34, 56, 61, 62, 77, and 131 of the New York Social Services Law and sections 603 and 1043 of the New York City Charter. 


Public Hearing

There will be no public hearing. For information on how to comment on this rule, please see the attached.


929 221-7220