N.Y. Comp. Codes R. & Regs. tit. 9 § 1700.2

Current through Register Vol. 46, No. 43, October 23, 2024

Section 1700.2 - Definitions

(a) As used in these rules and regulations:

(1) Admission rent or basic rent shall mean the rent charged for a particular type of apartment without regard to surcharges. Such admission or basic rent shall be the rent on which maximum income limits for admission for that apartment are based.

(2) Annual income or income (as used for the computation of probable aggregate income) shall mean the Federal adjusted gross income of all household members as reported in their last New York State income tax return, less such personal exemptions and deductions for medical expenses as are actually taken by the taxpayers, plus all other income of household members who did not file an income tax return. However, the term annual income shall not include Federal old age, survivors, disability insurance benefits, or payments made to household members for the care of foster children by governmental agencies.

(3) Commissioner shall mean the State Commissioner of Housing and Community Renewal.

(4) Disabled person for the purposes of Subpart 1727-8 of this Title shall mean a person who has an impairment which results from anatomical, physiological, or psychological conditions, other than addiction to alcohol, gambling, or any controlled substance, which is demonstrable by medically acceptable clinical and laboratory diagnostic techniques, and which are expected to be permanent and which substantially limit one or more of such person's major life activities. It shall otherwise be given that definition used in the Federal, State or local fair housing, anti-discrimination or other law which may be applicable.

(5) Division shall mean the New York State Division of Housing and Community Renewal.

(6) Dwelling unit shall mean a room or rooms, with or without cooking facilities, arranged for occupancy as a self-contained unit. Dwelling unit may also be referred to as an apartment.

(7) Family member shall mean a spouse, son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, or sister, grandfather, grandmother, grandson, granddaughter, daughter-in-law, son-in-law, mother-in-law or father-in-law of the tenant. Family member may also mean any other person residing with the tenant or cooperator in the dwelling unit as a primary or principal residence, who can prove emotional and financial commitment and interdependence between such person and the tenant or cooperator. Although no single factor shall be solely determinative, evidence which is to be considered in determining whether such emotional and financial commitment and interdependence existed shall be the income affidavit filed by the tenant for the dwelling unit and other evidence which may include, without limitation, the following factors:

(i) longevity of the relationship;

(ii) sharing of or relying upon each other for payment of household or family expenses, and/or other common necessities of life;

(iii) intermingling of finances as evidenced by, among other things, joint ownership of bank accounts, personal and real property, credit cards, loan obligations, sharing a household budget for purposes of receiving government benefits, etc.;

(iv) engaging in family-type activities by jointly attending family functions, holidays and celebrations, social and recreational activities, etc.;

(v) formalizing of legal obligations, intentions, and responsibilities to each other by such means as executing wills naming each other as executor and/or beneficiary, granting each other a power of attorney and/or conferring upon each other authority to make health care decisions each for the other, entering into a personal relationship contract, making a domestic partnership declaration, or serving as a representative payee for purposes of public benefits, etc.;

(vi) holding themselves out as family members to other family members, friends, members of the community or religious institutions, or society in general, through their works or actions;

(vii) regularly performing family functions, such as caring for each other or each other's extended family members, and/or relying upon each other for daily family services; and

(viii) engaging in any other pattern of behavior, agreement, or other action which evidences the intention of creating a long-term, emotionally committed relationship. In no event would evidence of a sexual relationship between such persons be required or considered.

(8) Household shall mean all persons living in the apartment.

(9) Housing company shall mean:

(i) a limited profit housing company duly incorporated pursuant to the provisions of article 2 of the Private Housing Finance Law, or a company incorporated pursuant to the Not-for-Profit Corporation Law and article 2 of the Private Housing Finance Law for the purpose of providing housing and auxiliary facilities for staff members, employees or students of a college, university or hospital and their immediate families or for senior citizens and disabled persons of low income, pursuant to article 2 of the Private Housing Finance Law; or

(ii) a limited dividend housing company duly incorporated pursuant to the provisions of article 4 of the Private Housing Finance Law.

(10) Mutual company (cooperative) shall mean:

(i) a limited profit housing company in which at least 80 percent of the dwelling units are occupied by households who are entitled to such occupancy by reason of ownership of shares in such company or, if it was not a mutual company prior to July 1, 1995, a limited profit housing company in which at least 50 percent of the dwelling units are occupied by such households; or

(ii) a limited dividend housing company which is operated exclusively for the benefit of such households.

(11) Municipality and municipal corporation shall mean a city, town or village.

(12) Municipally-aided project shall mean a limited profit housing company project aided by a municipal mortgage loan or tax exemption or both and not aided by any State mortgage loan or loan by the New York State Housing Finance Agency.

(13) Primary residence shall mean the dwelling unit in which the person actually resides, maintains a permanent and continuous physical presence and otherwise fulfills the requirements identified in section 1727-8.2(a)(2) of this Title.

(14) Senior citizen shall mean a person who is 62 years of age or older.

(15) State shall mean the State of New York.

(16) State-aided project shall mean any limited profit housing company project authorized pursuant to article 2 of the Private Housing Finance Law other than a municipally-aided project, and shall be deemed to include a project aided by a loan from the New York State Housing Finance Agency.

(17) State Housing Finance Agency shall mean the New York State Housing Finance Agency, a corporate governmental agency created pursuant to article 3 of the Private Housing Finance Law.

(18) Supervising agency shall mean the comptroller in a municipality having a comptroller; in a municipality having no comptroller, the chief fiscal officer of such municipality, except that in the City of New York it shall be the Department of Housing Preservation and Development.

(19) Surcharge rent shall mean the rent graduations established above admission rent based on income.

(20) Tenant or cooperator shall mean any person or persons named on a lease as lessee or lessees or who is or are a party or parties to a rental agreement and obligated to pay rent or carrying charges for the use or occupancy of a dwelling unit.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 1700.2