It is NYCHA’s policy that all apartments must be occupied pursuant to a dwelling lease agreement that complies with HUD regulations (24 CFR Part 966). This chapter describes leasing activities and NYCHA's policies pertaining to lease execution, security deposits, and other charges.
Once an apartment offer has been accepted, NYCHA reviews and discusses NYCHA Form 040.507, NYCHA Resident Lease Agreement, with the prospective resident.
All lessees (head of household and co-head of household, as applicable) must sign two leases when accepting an apartment and paying the rental fees. One copy is given to the head of household and co-head of household as applicable. NYCHA keeps the other copy in the resident file.
Each new resident and transferee must pay in advance of move-in the following charges:
The Human Resources Administration (HRA) may pay the security deposit for residents receiving their assistance. Refer to Chapter 10(k), Security Deposit at Transfer, for more information.
During the rental interview (refer to Chapter 5(f), Rental Interview, for more information) NYCHA will meet with the new resident to:
In certain developments where utilities are individually metered (i.e., utilities tracked by apartment), residents pay the utility company directly for their own utility usage. NYCHA grants public housing residents in individually metered developments a monthly utility allowance based on the estimated usage. For more information on monthly utility allowance amounts, please visit the pay rent webpage.
The utility allowance is deducted from the resident’s monthly rent. If the deduction causes the monthly rent amount to be a negative amount (i.e., the utility allowance amount is greater than the rent), a utility reimbursement payment is issued to the resident.
Residents responsible for making their own utility payments must follow the regulations of the specific utility company, including regulations related to payment of deposits. Failure to maintain utility services during tenancy is a lease violation and may lead to eviction.
Most NYCHA buildings are master metered (i.e., utilities tracked by building), not individually metered. Residents in master metered buildings do not pay utility bills and they do not receive a utility allowance.
Payment Method
Frequency of Payment
Online ePayment on NYCHA’s website
Due on the first day of the month. NYCHA residents can use this option to make timed payments at their convenience (e.g., one-time payment, weekly, bi-weekly, etc.).
Online payment through a bank’s website or bill payer
NYCHA’s Pay-By-Phone payment system
Due on the first day of the month. NYCHA residents can use these options to pay more than once per month.
In-person payment at an authorized bank or credit union
Mailed payment to Lockbox Provider
New York City Office of Payroll Administration Payroll Rent Deduction Program payment
Twice a month, based on payroll dates. This is considered an automatic rent payment.
HRA for Public Assistance rent payment
Twice a month, based on HRA check dates. This is considered an automatic rent payment.
Authorized Third-Party Payers
Once a month, by the end of the month.
Non-Payment of Rent
Non-payment of rent is grounds for eviction. Failure to pay rent on the date fixed for payment, as defined in the resident's lease can result in NYCHA pursuing a p roceeding in Landlord & Tenant court to seek eviction for non-payment of rent.
NYCHA residents in individually metered and master metered buildings who have their own appliances such as air conditioners or standalone freezers, must complete NYCHA Form 150.110, Appliance Agreement and return the completed form to property management staff.
Residents in master-metered buildings are also required to pay a monthly recurring utility fee for any extra use of electricity and/or water for the following appliances:
Gas or electric clothes dryers are prohibited.
Non-payment of appliance fees is a violation of the Appliance Agreement and of the lease.
Miscellaneous charges are fees for additional services (not legal fees) that are charged to the resident’s account, when applicable. These charges include:
No one is permitted to reside in a NYCHA apartment during the course of a tenancy unless they are:
NYCHA’s Public Housing residents are required to report all changes in their household composition, including adding or removing household members. The following NYCHA policies and procedures describe the conditions and timing to report and request household changes and the required documentation needed to accompany requests.
NYCHA will conduct interim recertifications to account for any changes in household composition that occur between annual recertification examination periods. Refer to Chapter 8(f), Interim Recertifications, and Chapter 3(f), Eligibility Determination, for more information.
(1) Addition of Household Member(s)
All additions to the household must be reported and/or requested by completing and submitting the appropriate NYCHA form online via NYCHA’s Self-Service Portal https://selfserve.nycha.info/ or by requesting a paper version at their property management office for completion and submission.
All proposed additions to the household, including permanent, conditional, or temporary additions, will be screened for eligibility as defined in Chapter 3(f), Eligibility Determination and Chapter 7(h)(ii), Enterprise Income Verification System (EIV).
A person who receives permanent permission is added to the lease as an authorized household member and may have remaining family member rights based on the Remaining Family Member Grievance criteria covered in Section K of this Chapter. The individual’s income is included in the household’s annual income and the household is eligible for all applicable deductions attributed to the individual for rent calculation purposes.
All permanent additions to households residing in a senior building must meet senior building requirements, or once the addition is approved, the household must submit a transfer request form to be moved to an appropriate development to meet the updated household composition if the individual(s) added to the household does not meet senior building requirements.
All permanent requests to add a minor household member must be supported with documentation that the added minor household member will reside with the requesting household at least 51% of the time if the minor currently resides in NYCHA housing or other affordable housing programs.
With the exceptions of birth, adoption, court-awarded custody or legal guardianship, marriage, or domestic partnership addition requests, NYCHA will only consider requests from tenants (lessees) or co-tenants (co-lessees) who, at the time of application, are: (1) in good standing; (2) current in annual recertifications; and (3) not owing rent arrears. NYCHA will not approve requests for permanent household additions if the addition would result in an overcrowded situation based on NYCHA’s occupancy standards as outlined in Chapter 5(c), Occupancy Standards. Exceptions may be granted on a case-by-case basis pursuant to NYCHA’s Reasonable Accommodation policy (refer to Chapter 2(d), Reasonable Accommodations for additional information) if the family can demonstrate that there are medical needs, including reasonable accommodations, which should be considered by NYCHA.
Birth, Adoption, Court-Awarded Custody or Legal Guardianship, Marriage, or Domestic Partnership Addition Requests
Household changes related to birth, adoption, or court-awarded custody must be reported within 30 calendar days of the birth or decree by the head of household or co-head with the completion and submission of an annual or interim recertification and supporting documentation (e.g., birth certificate, evidence of adoption, or other legal custody).
If the requested change in household size results in the household being overcrowded, NYCHA will follow its transfer policy. The head of household or co-head must start a request by submitting NYCHA Form 040.050, Transfer – Tenant Request for Transfer, as outlined in Chapter 10, Transfers.
Other Permanent Household Addition Requests
Other permanent household members may include:
NYCHA must approve all requests before the individual moves into the apartment. This includes former authorized household members who had previously been removed. The head of household or co-head must complete and submit an annual or interim recertification for approval.
A person who receives conditional permission is added to the lease as an authorized household member but does not have remaining family member rights. The approval is granted for as long as the conditional need continues.
A Live-in Guardian is a person who has legal guardianship of a ward as defined below:
A Live-In Guardian will receive conditional permission to reside in the apartment until the ward reaches the age of 18. Conditional permission does not give a Live-in Guardian remaining family member rights to the apartment unless their relationship to the ward changes. For example, if the Live-In Guardian adopts the ward, they may be eligible for permanent permission to reside in the household.
NYCHA must approve all requests before the individual moves into the apartment. The proposed Live-in Guardian must complete and submit an annual or interim recertification for approval.
The Live-In Guardian’s income is included in the household’s annual income and the household is eligible for all applicable deductions attributed to the individual for rent calculation purposes.
A live-in aide is a person who lives with one or more elderly persons, near-elderly persons, or persons with a disability and whom NYCHA has determined:
NYCHA must approve all requests for a live-in aide before the individual moves into the apartment. The head of household or co-head must complete and submit an annual or interim recertification for approval.
The live-in aide can remain in the household while they provide care to the household member. Their income is not included in the household’s annual income, nor is the household eligible for any applicable deductions attributed to the live-in aide.
Foster children are members of the household who are under 18 years of age or a household member who is 18 years or older, a full-time student, and under the control and responsibility of someone other than their parents due to placement by a New York State or New York City agency.
A foster child is a member of the household who meets the definition of a foster child under State Law. In general, a foster child is placed with the family by an authorized placement agency or by judgment, decree, or other order of any court of competent jurisdiction.
A foster care adult is a member of the household who is 18 years of age or older and for whom the family provides necessary shelter, care, and protection. They are usually a person with a disability, unrelated to the resident family, and are unable to live alone.
A foster adult is a member of the household who is over 18 years of age or older and meets the definition of a foster adult under State Law. In general, a foster adult is unable to live independently due to a debilitating physical or mental condition and is placed with the family by an authorized placement agency or by judgment, decree, or other order of any court of competent jurisdiction.
Family members cannot be considered foster children or adults unless they are participating in an official New York State or New York City foster care program.
NYCHA must approve all requests before the individual moves into the apartment. The head of household or co-head must complete and submit an annual or interim recertification for approval.
The income of foster children and adults is not included in the household’s annual income and the household is not eligible for any applicable deductions attributed to the foster children or adults. Foster children/adults do not have remaining family member rights.
\NYCHA may grant temporary occupancy in certain circumstances. The income of an approved temporary occupant is not included in the household’s annual income and the household is not eligible for any applicable deductions attributed to the temporary occupant. Temporary occupants do not have remaining family member rights.
Residents who are former foster youth may add their unrelated former foster siblings to their household on a temporary basis for up to one year from the initial date of approval. The head of household or co-head may request an extension of time for the temporary occupant(s) before the original approved request expires.
If the addition of unrelated former foster siblings to the household would create an extremely overcrowded condition, NYCHA may still approve the addition if the resident has:
• Previously been under the care and custody of the New York City Administration for Children’s Services (ACS);
• Been placed in foster care by ACS; and
• Been referred by ACS to NYCHA as a public housing applicant under an independent living preference or verified by ACS as a former foster youth who was in the care and custody of ACS.
NYCHA must approve all requests before the individual moves into the apartment. The head of household or co-head must complete and submit the appropriate NYCHA form for approval.
The Family Re-Entry Program is designed to reunite individuals leaving prison and/or jail with their families who live in NYCHA public housing and to provide them with re-entry services.
Individuals are eligible to apply for the NYCHA Family Re-Entry Program if they meet the following criteria .
Individuals are ineligible if they fall into any of the following categories :
Applications may be deferred if the committee wishes to see more information about an applicant’s suitability for Family Re-Entry.
NYCHA residents can request that any other individuals be added on a temporary basis for up to one -year. If the temporary addition(s) would create an overcrowded condition, NYCHA may still approve the temporary addition. Please note that NYCHA will not approve a temporary addition if it creates an extremely overcrowded condition.
NYCHA must approve all requests before the individual moves into the apartment. The head of household or co-head must complete and submit the appropriate NYCHA form for approval.
When NYCHA is made aware by an authorized household member or their representative that they are no longer residing in a NYCHA apartment, and the head of household or co-head of household is refusing or delaying removal of household member, NYCHA will do the following: