(a) Except as otherwise provided in 68 RCNY § 10-15(h), the maximum monthly rent for an SRO or apartment towards which CityFHEPS rental assistance under this subchapter may be applied will be set by HRA in accordance with Section 982.503 of Title 24 of the Code of Federal Regulations, at the payment standard adopted by the New York City Housing Authority. For residences outside of New York City, the maximum monthly rent will be set by HRA at the applicable local housing authority standard. When calculating CityFHEPS rental assistance payment amounts, HRA will subtract from such maximum monthly rent a utility allowance set by HRA at the standard adopted by the New York City Housing Authority pursuant to Section 982.517 of Title 24 of the Code of Federal Regulations or, for residences outside of New York City, the utility allowance adopted by the applicable local housing authority. HRA will publish on its website the current CityFHEPS maximum monthly rents and utility allowance schedule.
(b) The maximum monthly rent for a room towards which CityFHEPS rental assistance under this subchapter may be applied during the first year of the rental agreement shall be determined by the Commissioner whenever an adjustment in the payment standard is adopted by the New York City Housing Authority pursuant to Section 982.503 of Title 24 of the Code of Federal Regulations. In making such a determination, the Commissioner shall consult with the Office of Management and Budget and consider the effects that the new payment standard adopted by the New York City Housing Authority may have on the local housing market. The current maximum monthly rent for a room shall be published on HRA's website. For room rentals, it is further provided that:
(1) Where the rental agreement is with a primary tenant who receives PA, the household's monthly rent cannot exceed the difference between the primary tenant's rent obligation to the landlord and the primary tenant's PA shelter allowance under Section 352.3 of Title 18 of the New York Codes, Rules and Regulations at the time of the effective date of the rental agreement.
(2) No separate room within a rent-stabilized or rent-controlled apartment may be rented directly from the landlord. If a room in a rent-stabilized apartment is rented from a primary tenant, the household's monthly rent cannot exceed the household's proportionate share of the rent under Section 2525.7(b) of Title 9 of the New York Codes, Rules and Regulations. If a room in a rent-controlled apartment is rented from a primary tenant, the household's rent cannot exceed the amount the primary tenant is being charged by the landlord.
(3) The rent for the room must include heat, hot water, electricity and, if the stove is not electric, cooking gas.
(Added City Record 9/28/2018, eff. 10/28/2018; amended City Record 2/7/2020, eff. 2/7/2020; amended City Record 10/28/2021, eff. 11/28/2021; amended City Record 2/6/2023, eff. 2/6/2023; amended City Record 10/6/2023, eff. 10/6/2023; amended City Record 2/5/2024, eff. 2/5/2024)