New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle S - Division of Housing and Community Renewal
Chapter III - Low Rent Housing
Subchapter C - Management Manual For Housing Authorities
Part 1627 - Occupancy
Subpart 1627-2 - Determination Of Eligibility For Admission Or Continued Occupancy Based On Income
Section 1627-2.6 - Determination of income

(i) Overtime which occurs on a regular basis, as evidenced by past experience or notation on employer's report of earnings, will be included in projecting anticipated income by multiplying weekly overtime earnings by 52.

(ii) Overtime which occurs irregularly or seasonally will not be included in projecting anticipated income unless prior annual income indicates that such overtime exceeds $200 per year in which case the amount in excess of $200 per year will be included in anticipated income.

(iii) In reviewing prior annual income, care should be taken to note overtime as it may not be separately stated. The reported gross earnings less computed straight time earnings will give tenants overtime earnings during stated period.

(iv) Income from secondary employment will be considered and treated as regular or irregular overtime depending on whether such secondary employment is regular or irregular. Sporadic secondary employment, i.e. of short duration and not likely to be repeated, will not be included in projecting anticipated income.

(i) Under interim rent adjustment policy, expected pay raises and increments will not be included in anticipated income until effective date of such raise or increment. However, if raise or increment is granted retroactively, effective date will be first day of pay period reflecting retroactive pay increase.

(ii) Under noninterim rent adjustment policy, expected pay raises and increments will not be included in anticipated income. These pay raises and increments will be projected only at time of annual reexamination following date on which such increase was received and no retroactive charge will be levied against tenant.

(i) The determination as to whether income is in fixed or nonfixed category must be made with regard to particular job of employee. Following, are examples of occupations generally associated with nonfixed income:

(ii) Projection of nonfixed income should be based on an average week's earnings multiplied by 52 the number of work weeks in year. This number is usually 52 but it can be less as in the case of vacation without pay, yearly close down for model changeover, etc. The period on which weekly average is based should be at least of 12 weeks duration, if possible. Under the interim made at end of succeeding calendar quarters. Earnings during such quarters rent adjustment policy, reexamination of such nonfixed earnings should be shall be added to previous earnings and a new weekly average obtained based on this extended period. Notice of ineligibility for excess income will not be sent to a tenant whose total income reflects earnings from nonfixed employment until four full quarters in nonfixed employment have been completed and over-income status thereby sustained. Under noninterim rent adjustment policy, at time of annual reexamination, anticipated income shall be based on either average weekly earnings from nonfixed employment multiplied by 52 or total income from all sources during previous 12-month period, whichever sum more closely reflects tenant's probable income during coming 12 months.

(i) Taxicab drivers--45 percent of commissions.

(ii) Taxicab owners--20 percent of bookings.

(iii) Barbers--20 percent of salary.

(iv) Manicurists, beauty parlor workers--25 percent of salary.

(v) Waiters--from not less than three dollars in tips per working day in less expensive restaurants, to not less than $12 in tips per working day in finest grade restaurants and night clubs. For all waiters, earnings, including tips, should equal a minimum of $12 a day.

(vi) Busboys--from two dollars to four dollars in tips per working day.

(vii) Bellhops, pullman porters, baggage porters--not less than four dollars in tips per working day.

(viii) Doormen--from not less than one dollar in tips per working day for apartment houses to two dollars in tips per working day in hotels and clubs.

(i) Rents for households all of whose members are covered by the monetary welfare assistance (whether full or supplemental) shall be determined in accordance with a schedule of fixed rents based upon the size, by number of bedrooms, of the dwelling unit occupied, but not in excess of the following schedule except when a modified schedule is approved by the New York State Department of Social Services and the division for a specific housing authority:

Apartment size Monthly rent

(by number of bedrooms) (dollars)

0 65

1 77

2 90

3 101

4 107

5 110

(ii) Rent for a non-welfare family having welfare recipients in the household. The rent for a non-welfare family having welfare recipients in the household will be their normal rent plus a proportion of the fixed welfare rent applicable to the occupied apartment. The normal rent will be based on the income of the family of the tenant of record excluding any income or allowances of the welfare recipients. The proportion of the fixed welfare rent will be the ratio that the number of welfare recipients in the household bears to the total number of persons in the household.

(iii) Income reviews are optional where all of the members of the household are receiving monetary welfare assistance (whether full or supplemental). Close liaison should be maintained with the appropriate local social services agency furnishing assistance for exchange of information as to start or discontinuance of welfare assistance, income, household composition, nonpayment of rent, problems of tenancy and other matters. Income reviews are required where some of the members of the household are receiving monetary welfare assistance and others of them are not.

(iv) Other public assistance. Tenants receiving Federal supplemental security income are to be charged rent as provided below:

(i) General. Income from own business or self-employment will be projected on basis of income and expense statement properly prepared from books of accounts adequately maintained. However, income from own business or self-employment will automatically be considered as in excess of maximum admission or continued occupancy limits if any one of following conditions exist:

(ii) Basis for projecting income. Projection of income must be based on examination of applicant's or tenant's books of accounts. Books of accounts must cover business or self-employment for a period of one year immediately preceding date of income projection. If applicant has been in business for less than one year or does not have properly prepared books of accounts for required period, application shall be deferred and reconsidered when necessary figures are available. If tenant initiates business or self-employment, his income shall be projected and rent established on basis of either his prior earnings or his estimated [earnings] in business, whichever is higher. Under noninterim rent adjustment policy, rent shall not be adjusted until time of annual reexamination or on occasion of one of the three sets of conditions listed under this policy. Under interim rent adjustment policy, however, a report of income and expense will be furnished quarterly by tenant until at least four full quarters have been reported. Tenants income will be projected on basis of these quarterly statements and interim rent changes will be based on these projections. However, no determination of ineligibility for continued occupancy will be made until four full quarters have been completed.

(iii) Determination of present income from self-employment. Net income from self-employment shall be determined by deducting only expenses which are directly connected with business and which are necessary for producing of income therefrom, except that depreciation and provisions for reserves are not allowable deductions. Any expenses which are jointly personal and business shall be apportioned on a pro rata basis. Incomes from self-employment require close scrutiny. Records and income tax returns should be reviewed in complete detail. Note that deductions for depreciation and reserves permitted on income tax returns are not deductible in determining net income for purposes of admission or continued occupancy. The Division of Housing, upon request, will offer assistance in any case where there is doubt as to income from self-employment.