SPECIAL POPULATIONS

Some specific groups will face special circumstances when looking for permanent housing. This section addresses housing information specific to the following populations:

Undocumented or Partially Documented Families
Households with a Criminal Background
SSI Recipients
Households Facing Rental Arrears and/or Eviction
Working Households

Undocumented or Partially Documented Families

• Undocumented individuals are not eligible to receive any housing subsidy.
• Individuals without work authorization are not eligible for the Work Advantage Program, DV Advantage Program or Short-Term Advantage Program (HIFI).
• Heads of Household without sufficient immigration status to qualify for PA are not eligible for Fixed Income Advantage even if they have citizen children on SSI/SSD.
• Victims of domestic violence who are the spouses and children of citizens and lawful permanent residents can self-petition for permanent status under the Violence Against Women Act (VAWA) without the assistance of their abuser.
• VAWA petitioners are considered “qualified aliens” and eligible to receive Public Assistance benefits and Housing Stability Plus (and Fixed Income Advantage if their child or children is on SSI/SSD).
• Families with at least one documented family member are eligible to apply for NYCHA Public and Section 8 Housing. Undocumented family members will be responsible for paying for their portion of the subsidy. If NYCHA determines that this rent burden is too much for the family, they will be found ineligible.
• NYCHA does not consider VAWA petitioners eligible for Public or Section 8 Housing until they receive permanent status.

Click here for an example of how to calculate housing subsidy levels for families with undocumented members.

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Criminal Background

• Eligibility for any of the Advantage NY programs is not affected by criminal background.  Those with Fixed Income Advantage (FIX) and Children Advantage (CA) should be aware that a criminal background could prevent their Section 8 application from being approved and they therefore may not receive housing assistance beyond the one year provided to them under FIX and CA.
• NYCHA conducts a criminal background check on every Section 8 and Public Housing applicant who is 16 years of age or older.
• Criminal background ineligibility rules are stricter for applicants moving into NYCHA Public Housing than for Section 8.
• Ineligibility for Section 8 and Public Housing extends for a maximum of 6 years after serving a sentence and any probation time.
• If a family member or a batterer with a criminal conviction leads to the ineligibility of an applicant, the household should provide documentation – an order of protection, a lease for another apartment, a utility bill – that the individual is not living or going to be living with family.
• Applicants that wish to appeal Section 8 or Public Housing denials based on criminal background can request a NYCHA informal discussion or hearing.

Click here for information about criminal conviction restrictions for Section 8 and Public Housing and the corresponding time frame for ineligibility.  For an advocate’s guide to working with clients with criminal records click here.

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SSI Recipients

• Households receiving income from SSI are eligible to apply for Public Housing under one of NYCHA's working priorities.
• SSI Recipients pay 30% of their income towards, Public Housing or Section 8 apartment rents.

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Rental Arrears and/or Eviction

Households with rental arrears or facing eviction may be eligible for additional rent subsidies and/or for money from certain grant sources.

In order to receive help paying for rental arrears, the tenant facing eviction will need to establish that he or she is able to pay rent and maintain the apartment in the future.
Resources for eviction prevention include:

• “One-Shot-Deals” – Emergency Grants from Public Assistance: To apply for an emergency grant, the tenant needs to bring documentation and explanation of the arrears and will need to provide proof of the ability to pay rent for the apartment in the future. This paperwork should be brought to the tenant’s nearest job center (public assistance office). For info about the nearest job center, click here.
• HomeBase: The HomeBase program is run by the Department of Homeless Services (DHS) to help clients facing eviction and/or homelessness in specific community districts in New York City. HomeBase helps clients apply for emergency grants and obtain funds to pay arrears and future rent. For a list of HomeBase districts click here.
• United Way/Emergency Food and Shelter National Board Program: The United Way receives funds from the Emergency Food and Shelter National Board program to help tenant’s pay rental arrears. There are limited funds available for this program so assistance is not guaranteed.
• Citywide Taskforce on Housing Court: The Citywide Taskforce on Housing Court is located in the housing court of each borough. This organization also has information on eviction prevention.
• Jiggetts/Family Eviction Prevention Supplement (FEPS): Those facing eviction and receiving public assistance may qualify to receive rental assistance through this program. FEPS applications can be filed through Legal Aid’s borough offices and specific community-based organizations in each borough.

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Working Households

• Working families can apply for NYCHA Public Housing under one of NYCHA’s working priorities.
• Section 8 does not have a working priority, although many landlords prefer ‘working’ Section 8 vouchers or families that have a member that receives income from employment.
• Affordable housing developments may be a good option for working households since many of these units require documentation of income and employment.
• The Rental Assistance Program, run by the Coalition for the Homeless, provides a two-year rent supplement to working families.

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