N.Y. Public Housing Law § 610: Leases and tenancy

* § 610. Leases and tenancy. Each housing assistance payment contract

entered into by a housing access voucher local administrator and the

owner of a dwelling unit shall provide:

1. that the lease between the tenant and the owner shall be for a term

of not less than one year, except that the housing access voucher local

administrator may approve a shorter term for an initial lease between

the tenant and the dwelling unit owner if the housing access voucher

local administrator determines that such shorter term would improve

housing opportunities for the tenant and if such shorter term is

considered to be a prevailing local market practice;

2. that the dwelling unit owner shall offer leases to tenants assisted

under this article that:

(a) are in a standard form used in the locality by the dwelling unit

owner; and

(b) contain terms and conditions that:

(i) are consistent with state and local law; and

(ii) apply generally to tenants in the property who are not assisted

under this article;

(c) shall provide that during the term of the lease, the owner shall

not terminate the tenancy except for serious or repeated violation of

the terms and conditions of the lease, for violation of applicable state

or local law, or for other good cause, including, but not limited to,

the non-payment of the tenant's portion of the rent owed, and in the

case of an owner who is an immediate successor in interest pursuant to

foreclosure during the term of the lease vacating the property prior to

sale shall not constitute other good cause, except that the owner may

terminate the tenancy effective on the date of transfer of the unit to

the owner if the owner:

(i) will occupy the unit as a primary residence; and

(ii) has provided the tenant a notice to vacate at least ninety days

before the effective date of such notice;

(d) shall provide that any termination of tenancy under this section

shall be preceded by the provision of written notice by the owner to the

tenant specifying the grounds for that action, and any relief shall be

consistent with applicable state and local law;

3. that any unit under an assistance contract originated under this

article shall only be occupied by the individual or family designated in

said contract and shall be the designated individual or family's primary

residence. Contracts shall not be transferable between units and shall

not be transferable between recipients. A family or individual may

transfer their voucher to a different unit under a new contract pursuant

to this article;

4. that an owner shall not charge more than a reasonable rent as

defined in section six hundred five of this article.

* NB Expires May 1, 2030