Lawyers Manual - Unified Court System

Public Assistance and Housing 293
PHA to determine a community’s specific policies and procedures. Local
PHA plans are available at The Department of Urban Development, Public
Housing Plans, http://www.hud.gov/offices/pih/pha/approved/index.cfm,
(last visited June 19, 2006). See also Probono.net, Housing,
http://www.probono.net/ny/housing/index.cfm (last visited June 19, 2006).
110. In New York City, under the NYCHA Section 8 Housing Choice Voucher
program, a family’s public assistance shelter allowance cannot exceed 30%
of the standard of need for the family size. This is a reduction of shelter
allowances for many public assistance recipients. For example, a family of
three will receive a maximum shelter allowance (which supplements the
Section 8 payment) of $207; for a family of four, the allowance is $248.
The shelter allowance can never exceed $421 for a family without children
or $546 for a family with children, regardless of how many family
members are in the household. However, families receiving Section 8
through the Housing Preservation Department (HPD) or the Division of
Housing and Community Renewal (DHCR) will not be affected by the
30% rule. PD 05-10-SYS (Mar. 23, 2005). There are several other PHAs in
New York State that are subject to a similar restriction on the welfare
shelter allowance if a recipient participates in their Section 8 program. See
18 NYCRR § 352.3(d)(2)(ii)(b) and (c).
111. “Payment standards” are based on area “Fair Market Rents” published
annually by HUD and must be between 90% and 110% of fair market
rents. See 24 CFR § 982. 503. Fair Market Rents for each county in New
York are available at: http://www.huduser.org/datasets/fmr.html. (Under
“Final Data” click on “Schedule B – FMR tables.” New York State
counties are listed at 34-35. (last visited June 19, 2006).
112. Income eligibility levels are based on area median incomes. See The
Department of Housing and Urban Development, Eligibility Levels,
http://www.huduser.org/datasets/fmr.html (last visited June 2006).
113. For more information, and updated information about Regular Section 8
availability in New York City, see New Destiny Housing Corporation’s
HousingLink website,
http://www.newdestinyhousing.org/programs_HousingLink.shtml (last
visited June 19, 2006).
114. 24 CFR § 982.355.
115. 42 USC §§ 1437f(r)(5). Under VAWA III, PHAs and landlords are also
required to keep information related to victim status confidential.