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FHEPS Major & Minor Rules for Eligibility to Stay in the Community �A Training for Housing Court AnswersMay 15, 2026 2pm-4 pm �via Zoom�\

Presented by: 

 Lincoln Alkind & Susan C. Bahn

Copyrighted: May 2026 The Legal Aid Society (the permission of The Legal Aid Society must be obtained before copying or using this material). Only HRA approved legal providers may submit FHEPS applications to HRA.

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�������Family Homelessness�& �Eviction Prevention�Supplement (FHEPS)�PS. The “H” is silent. HRA says it wrong.

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FHEPS Training Objectives�1. Concentrate on the 7 Major Eligibility Rules�2. Study the 2022-6 Changes to FHEPS concerning rent levels, bedrooms, utilities, rent reasonableness and reasonable accommodations �3. Review the 2023 & 2024 Policy Bulletins about HRA taking over FHEPS processing at the centers and moves at homebases. (We expect in Fiscal Year 2027 the Benefits Access Centers will start issuing FHEPS shopping letters and process FHEPS to move applications.)�4. Review the Minor Rules for FHEPS

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CA Eligibility Review

FHEPS is a rent subsidy program linked to the Cash Assistance (CA) recipients in the household.

If everyone in the household receives CA then FHEPS will cover the full rent up to an amount set every year. (In 2026 the amount did not go up).

If there are other people in the home with income such as SSI, they must pay a share of the rent. Such persons are NOT subsidized.

Persons without immigration status are usually not counted as having a share or toward the bedroom count.

FHEPS to stay can be used to pay arrears if the applicant intends to stay in their current apartment. Most arrears are not recoupable.

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FHEPS A

An Entitlement-mostly State funded

FHEPS B

Limited to 1,000 New HH/yr-City funded

FHEPS A To Stay

FHEPS A To Move

FHEPS B To Stay

FHEPS B To Move

May be processed by authorized legal service providers, or HRA BAC Centers.

Only Homebase can process a move application in community. *

Only Homebase can process after approval from Family Justice Center/HRA.

Processed by Homebase.

Pays Arrears & Future Rent

Pays Arrears & Future Rent

Future Rent Only

Future Rent Only

Applicants must be moving from shelter, because current apartment is not viable, or for a health and safety reason or can’t get a lease to stay.

Applicants need only meet basic eligibility rules outline in this presentation.

Applicants must have a safety plan. Send to Family Justice Center. Only 25 approved per year.

Applicants must either be in shelter due to DV/IPV or need to move due to DV/IPV.

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Sources of Law & Info

  • Court of Appeals Case: Jiggetts v. Grinker 75 NY2d 411 (1990)

  • Social Services Law 350(1)(a) & 131-bb (100% of FMR starting 2022)
  • 18 NYCRR Section 352.3(2)
  • 03 ADM-07 NYS OTDA

  • Clarifications from FEPS/FHEPS Plans each year.
  • FHEPS Plan in the 2017 Tejada Settlement & 2024 Tolliver Settlement
  • NYC HRA FHEPS Policy Directives via FOIL
  • NYC HRA website: FHEPS Documents@nyc.gov

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CA Budget DOES NOT INCLUDE FHEPS

The Cash Assistance budget for the family does not include the FHEPS Supplement.

If the mother in a family of 3 obtains Social Security Disability above the standard of need for 3 of $789, the case closes and FHEPS is lost.

If the family receives more than $789 plus the child support pass through of $200, the case closes and FHEPS is lost

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SEVEN MAJOR RULES REVIEW

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SEVEN MAJOR RULES

Factors: immigration status, “roommates,” budget rules and rules on bedrooms, utility deductions and rent reasonableness.

Must use resources to pay rent arrears.

Normally the applicant must owe no more than $9,000. Until 12/31/26 can be $20,000. More possible.

Almost everyone has a share to pay.

Family has at least 1 year lease/agreement to stay or apartment is rent regulated.

Family facing homelessness or is homeless.

Household includes CA ("cash assistance") and minor.

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Rule 1: CA Case with Minor in the Home

  • There must be at least one person in the home in receipt of cash assistance (CA) who is:
  • Pregnant and has immigration status*, or
  • A parent, guardian or caretaker relative of a minor child, or
  • A minor child under the age of 18 years old or under 19 and attending high school or its full time equivalent.

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Rule 1: continued

The cash assistance case must be fully open for all family members who are required by law to be on the budget and there can be no sanctions at the time of application. All roommates with immigration status must have income and pay a share of back and future rent.

This includes there can be no child support sanctions which have a 25% reduction on the CA case. They restarted 6/22. Work sanctions cause a pro rata reduction on the CA case and the subsidy. New Work sanctions have been on pause since before the pandemic but are starting soon. SNAP ABAWD sanctions start in June (very long sanctions.)

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Pregnancy

  • When can pregnancy be verified?
  • When does a fetus become a child in NYS?

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Pregnancy tip

  • A pregnancy must be verified by a blood test in any month and the medical provider must provide an estimated due date (EDD) in a letter.

  • In NYS a fetus becomes a child at birth.

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Review: When is there a case of 1 in a family case?

When there is a NEIS parent and citizen child?

When there is a pregnant person?

Parent in receipt of SSI with minor child in receipt of Cash Assistance.

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Answers

Yes, when there is a NEIS parent and minor citizen child. Also when there is a citizen parent and a child without status.

Yes, when there is pregnant person but they must have immigration status and verify their pregnancy

Yes, when there is a parent in receipt of SSI with a citizen child in receipt of Cash Assistance or the opposite.

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Additional Question on CA

  • If a person in the home is supposed to be on CA and they are not, or the CA case is in AP or SI status will HRA process the FHEPS application?

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Answer

  • No! The case must be in active status with each person not sanctioned and have a fully active line on the Housing Court Report (HCR). If the case is not perfectly budgeted to reflect current income or sanctions are not lifted, and all stale shelter allowances issued by the Benefits Access Center (BAC) the application will be rejected and one must work with the Director or Regionals or Fair Hearings/Advocate Inquiry to fix everything.

  • Why? Because the State says so.

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Rule 2: Eviction or Exception

The family must be facing homelessness or be homeless AND meet one of the sub-rules:

(a) Reside in a NYC residence that is subject to an eviction proceeding; or

(b) A foreclosure action has been commenced with respect to the tenant’s apartment/building in NYC; or

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Rule 2 continued

(c) The family is required to leave their NYC residence for health and/or safety reason as determined by a City agency such as DA referral or ACS referral; or

(d) Within the last 12 months have been evicted or left a residence in NYC that was the subject of an eviction proceeding; or

(e) Reside in NYC DHS or HRA shelter and w/in last 12 months prior to entering shelter have been evicted or left residence that had eviction case. Families who are homeless or in danger of homelessness due to DV get FHEPS B.

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Rule 2 temporary exception

 OTDA has agreed to temporarily waive the FHEPS A eligibility requirement that an applicant/participant must have a Housing Court proceeding. This eligibility requirement will be waived until at least December 31, 2026. Instead, applicant need to:

a.     Reside within the City of New York,

b.     Be the subject of a written rent demand threatening litigation in a non-payment case (HRA is not processing holdovers w/o lawsuit)

c.     Submit a statement why the household is behind in the rent along with a FHEPS utility form.

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Rule 3: Lease or Guarantee

  • The family must have a 1-year lease to stay from the time of approval if the apartment is not rent regulated.  If the applicant is not the Tenant of Record (TOR) each of the conditions must be met:
  • (a) The TOR /roommate must have income at/below 200% of the Federal Poverty Level, and
  • (b) The TOR /roommate must have a lease or residency rights for at least 12 months at the time, and   

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Rule 3 continued (1 year lease or rent regulated)

(c) The applicant must submit proof of residency in the apartment, and

(d) The applicant must be named as a co-tenant on the lease, court stipulation or in a written agreement with the TOR giving residency rights for at least 12 months at the time of approval, and

(e) Arrears' period must match co-tenancy.

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Rule 4: Almost Everyone Pays a Share of Rent

have a verified income.

Not Eligi

Everyone in the residence who is eligible for CA must receive CA or have a verified income.

Not Eligible due to Immigration Status (NEIS) person without income has no share and is invisible to the head count.

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Guess the Public Policy ?

Why are roommates, including children with income, required to pay shares?

  1. It saves the State money.
  2. There is a judgment about whether tenants have a responsibility.

Why don’t NEIS Persons Have to Pay a Share When they have no Income

1. The State understands that NEIS roommates without income can’t pay a share. Since 1996 most federal subsidies require the household to cover the NEIS share.

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Roommate Form-147 Q Form

  • You must use the roommate form for EACH roommate who has a share and is 18 or older.

  • Remember a relative is a roommate who is not in receipt of CA and has a share such as a minor child in receipt of SSI, foster care or an adoption subsidy. This person does NOT get a subsidy.

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Rule 5: Arrears Limit

Normally the applicant must owe no more than $9000. (Stale and missing checks will not count toward limit.) Temporarily until 12/31/2026 this amount is $20,000. More can be issued for extenuating circumstances with a written cover e-mail and documents.

State allowed HRA to pay $1000-$5000 pre-pandemic; every additional $5000 takes higher approval with extenuating circumstances since March 2020; HRA funds cannot be added to a new application for a sanction (charities can cover sanctioned arrears or rent can be abated). *

Advocate can submit application at $20,000 to toll the arrears (put on hold) and fix within 6 mo. But must update and re-sign all docs.

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Rule 5: How to Deal with High Arrears?

HRA would pay pre-pandemic $9000-$12,000 for exceptional circumstances—get documentation.  Think low rent, long term tenancy, etc.

Until 12/31/26, the arrears limit has been raised to $20,000. More can be issued for extenuating circumstances.*

Maybe you can get $1000 or more from client and $1000 or more from a few charities.

In some cases you can get above $20,000 approved for highly exceptional circumstances.  Think cancer, terminal illness, etc.

Waive/Sever arrears in housing court.

Put application in at $20,000 even if case not settled.  You have 6m to resubmit.  BRAIN STORM!!!!

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Rule 5: Exceptional Circumstances

Documentation is the key-can’t just say person receives SSI (document they have cancer or are in a wheel chair.)

Moving a disabled person from the apartment would create a substantial hardship bc family lives near treating source, apartment is on first floor, child progressing in Special Ed (get IEP), etc.

Family has long standing ties to the community that would create hardship-ie. neighbors babysit, language ties, daycare close, etc.

Very large households of five or more individuals, pregnant woman, or two or more children under 4.

Contributions from community show a community buy-in (charities).

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Rule 6: FHEPS is a Last Resort

The applicant family must have no other resources to pay the back rent.  All roommates except SSI recipients must also pay their share of the arrears.  If they do not have the arrears they must apply for a “one shot”.

The family must use their $10,000 resource maximum if they have funds in the bank, SSI money of parents/adults or any tax return funds. There must be no other way to pay the arrears or ongoing rent.

January 31 to May is HRA tax season. HRA wants to know what happened with the tax return and whether ERAP was obtained was paid during pandemic if arrears include pandemic years. Often listed on a breakdown.

The applicant family must have no other resources to pay the back rent.  All roommates except SSI recipients must also pay their share of the arrears.  If they do not have the arrears they must apply for a “one shot”.

The family must use their $10,000 resource maximum if they have funds in the bank, SSI money of parents/adults or any tax return funds. There must be no other way to pay the arrears or ongoing rent.

January 31 to May is HRA tax season. HRA wants to know what happened with the tax return and whether ERAP was obtained was paid during pandemic. Often listed on a breakdown.

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Warning on Savings/Resources

  • Determine at intake if there are savings, a commission or a tax return coming to your client.  HRA can trace anything by computer these days and clients are not always aware the government tracks their accounts and gives them permission to do so.

  • If a client spends a tax return on essential items such as utility bills, child support orders or rent that is ok with HRA. Keep receipts.

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Rule 7: What is the Maximum Rent Allowed?

Several factors go into figuring the maximum rent for the lease that can be charged:

    • How many in the family receive CA?
    • Who else is in the home & do they count for max rent?
    • Is the family staying and paying?
    • Moving from old apartment to new one OR moving from shelter?
    • Was old rent: preferential, regulated or not regulated?

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Rule 7: Maximum Rent Permitted (continued)

  • Was the client receiving a rent subsidy before?  
  •     (Most old FEPS, LINC III and CityFEPS cases converted to new FHEPS December B, 2017)
  • Ideally you want the client to be able to stay for more than one year in the apartment.  FHEPS subsidies should be are increased every year in January* based on NYCHA Section 8 standard (between 90% and 110% of HUD FMR). Unfortunately FHEPS stayed the same in 2026 and CityFHEPS went down! 

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FHEPS Levels as of 10/2019- 2/15/2022

Family Size

Shelter Allowance

Shelter + Subsidy= FHEPS Maximum

Shelter + Subsidy=

Enhanced Maximum

1

$277

$277 + $771 =$1048

$277 + $988 =$1265

2

$283

$283 + $813 =$1096

$283 + $1040=$1323

3

$400

$400 + $911 =$1311

$400 + $1180=$1580

4

$450

$450 + $861=$1311

$450 + $1130 =$1580

5

$501

$501 + $1192=$1693

$501 + $1539=$2040

6

$524

$524 + $1169=$1693

$524 + $1516=$2040

7

$546*

$546 + $1353=$1899

$546 + $1745=$2291

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FHEPS CHANGES in 2022

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FHEPS Rents Rise to 100% of Fair Market Rents

  • Governor signs amendment to the Social Services Law at the end of 2021, adding Section 131-bb which says that FHEPS levels must be set at 100% of the Fair Market Rents for New York City each year.
  • Meanwhile CityFHEPS and HASA rents are set at NYCHA Section 8 levels which can be as high as 110% of the Fair Market Rents.
  • Because of the discrepancy between 100% and the NYCHA Section 8 level, OTDA has been evaluating each year whether to follow the CityFHEPS and HASA levels, causing a lag until mid-February to increase the FHEPS levels.

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Rent Subject to Payment Standards effective 7/1/2025

NUMBER�OF

BEDROOMS

ALL

WITHOUT�COOKING�GAS�& ELECTRICITY

WITHOUT�COOKING�GAS ONLY

WITHOUT�ELECTRIC�ONLY

NO UTILITIES

UTILITIES

INCLUDED (Subtract these too based on fuel source)

INCLUDED (highest amount paid)

0

$2,646

$2,526

$2,620

$2,550

Heat/Hot Water?

1

$2,762

$2,624

$2,733

$2,653

Heat/Hot Water?

2

$3,058

$2,881

$3,025

$2,914

Heat/Hot Water?

3

$3,811

$3,596

$3,774

$3,633

Heat/Hot Water?

4

$4,111

$3,857

$4,070

$3,898

Heat/Hot Water?

5 or more

$4,728

$4,435

$4,683

$4,515

Heat/Hot Water?

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2022 Changes: A. Bedrooms

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FHEPS Levels Now Based on Number of Bedrooms

  • There is no rule like NYCHA about who can share a bedroom based on age or gender.
  • It is assumed a minimum of two people can share a bedroom. There is no maximum. (But a large amount is not healthy).
  • It is assumed people can sleep in the living room.
  • Persons without immigration status and documented income are counted as zero to the bedroom count.
  • An extra bedroom can be obtained for a countable person if HRA finds the disabled person is eligible for a Reasonable Accommodation.

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Question

Carrie has no immigration status or income. Her children Henry and Peter receive CA for two.

What size apartment can they rent with a FHEPS shopping letter?

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Answer

Ideally a one bedroom because there are two countable people.

Carrie can sleep in the livingroom. They can also rent a larger apartment but the rent less utility deductions can be no more than a one bedroom apartment less utilities.

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FHEPS Changes in 2022: �B. Utility Deductions

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Utility Deductions

Under the payment standards, if the landlord pays for heat, hot water, lights and a gas stove in an unregulated apartment the landlord can charge“all utilities included” level.

Deductions are made from that level if the tenant has to pay for heat, hot water, lights and a gas stove or an electric stove.

Deductions for heat and hot water are listed on the second page of the payment standards form that is published each year. HRA-146z(E)

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Question

Katya has no immigration status and no income. She and her two citizen children are shopping for a one bedroom. They find an unregulated apartment where the tenant must pay for cooking gas and electric.

A. What is the most rent the landlord can charge to be approved for FHEPS?

B. What is deducted from the maximum payment standard?

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Answer

The maximum rent the landlord can charge for a 1 bedroom without cooking gas and electric is $2762, effective 7/1/2025.

The utility deduction is $2762--$29 (cooking gas)-$109 (electricity)=$2624

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Rent Subject to “Rent Reasonableness”

  • Similar to Section 8, all rents must pass a “rent reasonableness test,” meaning the rent charged may not exceed other rents that are charged for comparable units in the neighborhood.

  • City DSS has contracted with the same vendor as NYCHA to check for rent reasonableness. The vendor has a computer program of tens of thousands of comparable apartments and an algorithm to match comparable apartments. HRA is currently retraining staff how to use the algorithm. Advocates are concerned about when going to court, how to settle a rent increase in an unregulated apartment. Rent reasonableness is most often used for stay cases and not moves.

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FHEPS Changes 2022: C. Rent Reasonableness

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When Shopping for New Apartment

When approved by CityDSS via HomeBase for looking for a new apartment the tenant is given a “shopping letter” based on household countable members and bedroom size.

If the household is approved for a two bedroom (for 3-4 countable people) and finds a three bedroom within the two bedroom cost that is ok.

The household cannot pay the difference for the cost of a larger apartment above their approved bedroom size.

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2022 Changes: D. Reasonable Accomodations

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Few Tips on Rent Reasonableness

If there are more countable people than the maximum size apartment, the rent will likely pass rent reasonableness: 6 countable people in a 2 bedroom.

If the apartment is in a high rent zip code --such as most long gentrified neighborhoods-- the maximum rent is likely to pass.

Zip codes that were not as gentrified such as Far Rockaway and East New York are more likely to have rent reasonableness deductions.

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Reasonable Accomodation for Disability

  • Similar to CityFHEPS, families with a member with disability such that a person needs their own room may seek a reasonable accommodation for an additional room (at the next higher cost). The household must have a strong doctor’s letter documenting the disability to the need for a separate room (such as need for hospital bed and medical equipment, need for quiet and privacy for developmental or mental health, etc.)
  • Contact Office Constituent Affairs

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FHEPS Changes 2023

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HRA Publishes PB Explaining 2020 TakeOver

Processing of FHEPS applications following the termination of contracts 1/2020 with 6 large social services providers.

Moves for FHEPS are moved to homebases.

High arrears cases were supposed to go to homebases to negotiate the arrears down but not to process. THIS HAS STOPPED!

Centers are supposed to process pro se FHEPS applications via HDU.

But the centers were not trained on this until 4/25.

Restorations and modifications are supposed to be done at application and recertification or upon request at the centers. The centers have been doing this sometimes.

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June 2024 Change: HRA will no longer refer high arrears to HB!�

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2024 FHEPS CHANGES

If client given a utility form to get signed then likely HRA is working on a FHEPS application

HRA stops referrals to HomeBases for High Arrears.

HomeBases should only be referred FHEPS moves. Soon BACS will do.

FHEPS Applications are likely processed if Utility form is requested.

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FHEPS MOVES: INCENTIVES VARY

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Different Move Incentives for FHEPS

Moves From Shelter by HRA

Moves in the Community by HomeBase via HRA

First month in full and 3 months of the subsidy at lease signing

First month in full and 3 months of subsidy at lease signing

Signing bonus may be eliminated soon.

None

Unit hold incentive equal to one month’s rent if apartment held for 1 or more months due to City delays. Adams tried to remove in 2025. Unclear what Mandami will do.

None

Broker’s fee up to 15% of yearly rent

½ a month broker’s fee and broker may not charge difference and tenant may not pay difference if obtain HRA ½ month.

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Can the Rent be a Penny over FHEPS Max?

  • In year one of having the subsidy in an unregulated apartment or a preferential rent, the rent may not be a penny over the Maximum Rent permitted for that family based on household composition and income.
  • (If rent regulated legal rent increases mid year over the FHEPS maximum, the tenant must pay the difference or wait until the next year when the rent increases. But in 2026 there were no increases. (CityFHEPS had decreases.)

  • In year two we believe rent can go above the FHEPS maximum but the tenant must pay the difference so long as the cash assistance case does not close or decrease or fall off the budget.

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MINOR RULES

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Minor Rule 1: “Roomates”�Must Pay a Share

Roommates who are not part of the mandatory filing unit, must pay a share that is 30% of their gross income or their pro rata share of the rent which ever is LOWER.

We train more on this in FHEPS Applications

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Minor Rule 2: Processing FHEPS Applications in the Pandemic

  • Most Legal Services Providers are trained by Legal Aid and approved by HRA to submit applications to the FCDU unit by e-mail.
  • Between 1992-2019 the State had contracted with 5 or more community based organizations to submit Jiggetts, FEPS and FHEPS applications.  
  • Those contracts ended on 12/31/19. 
  • Homeless Diversion Units (HDU) started processing pro se FHEPS applications on 1/20 and then the pandemic hit. HomeBase started processing move applications. 
  • ACCESS HRA has no way to notify HRA that a family is eligible for FHEPS. The center is supposed to evaluate all families who will receive ongoing CA with a minor that they may be eligible for FHEPS. Centers were only being trained on this in April, 2025. Upload a letter I am eligible for FHEPS B/C….

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Processing FHEPS at Centers Remains Questionable

  • The Legal Aid Society sued HRA in 2023 in a lawsuit called Tolliver because

(A)applicants and recipients could not get FHEPS rent modified if the rent increased or their was a household composition change

(B) FHEPS was being taken off the budget at recertification without notice.

(c) Applicants and recipients could not obtain FHEPS at the BACs or on ACCESS HRA.

Things are slowly improving with training and time but……

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Minor Rule 3: Yearly FHEPS Increases Now in January (but really in February) but none in 2026

  • FHEPS started December B, 2017 before it was FEPS setting rents at 85% of FMR but without adequate increases each year.

  • Effective 2022 the State law passed setting FHEPS at 100% of FMR. Then the State and City agreed to increase the FHEPS amounts the same as NYCHA Section 8 amounts. These are the same for CityFHEPS and HASA that start January 1 every year.

  • However the State has not been increasing the FHEPS levels until about mid February instead of the beginning of January so far. (No increases for 2026)

  • The Benefits Access Centers (BACs) are supposed to increase the FHEPS at recertification if there is a lease signed by the landlord and the tenant when it is time for the CA recertification. This can also be requested when the lease increases.

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Minor Rule 4: Rent Increases for Unregulated Apartments

  • A written lease is required to obtain a lease increase and now the new rules of bedrooms, utility deductions and rent reasonableness apply.

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Minor Rule 5: Rent Regulated Leases do Not Have to be a Year Long

  • Rent regulated leases need not be a year long at the time of the FHEPS approval if they are within the FHEPS levels for bedrooms, utilities and rent reasonableness.

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Minor Rule 6: FHEPS Modifications& Reporting Changes Timely

  • Any change in the family income, composition or rent must be reported to the BAC center or on Access HRA in 10 calendar days. (This is a rule for all recipients). Recipients rarely know about this reporting rule.

  • Often reports of changes happen at recertification. The BAC can increase the FHEPS rent at CA recertification due to a lease renewal, increase a share of a roommate due to an increase of income or reduce a share due to an increase of income or close the CA case due to too much income. (Note the once in a lifetime work disregard might be available for 6 months.)

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Minor Rule 7: FHEPS Restoration

  • If the Cash Assistance case closes, FHEPS will stop.
  • When the CA is re-opened on a brand new CA application and it is less than 12 months since the closing, HRA should restore the FHEPS retroactively without a rent demand or a lawsuit if rent is owed. HRA is supposed to identify this without a request but the tenant/applicant should upload a letter requesting the FHEPS be restored with a rent breakdown, a lease and a utility form.

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FHEPS Restoration Rule 8: After a Year

AFTER One Year of FHEPS being off the budget, there must be a rent demand or a new lawsuit.

However because of the Legal Aid lawsuit, Tolliver, HRA is supposed to restore FHEPS back to the beginning of April, 2020 if a family situation fits the lawsuit. Speak to the FHEPS team about a Tolliver referral.

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Minor FHEPS Rule 9: Recoupments & Restorations

When restoring FHEPS (either within 1 year or many years)-- if seeking arrears during any month that FHEPS was on the budget—missing roommate shares are recoupable. There is 1 recoupment in a FHEPS lifetime when seeking a restoration or modification. When recouping a small amount get charity funds.

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Minor FHEPS Rule 9�Example

Marie had FHEPS for her family of 3 from 1/25 to 6/25. Her shelter allowance ($400) was budgeted due to work income and she did not pay her shelter share to the landlord. Her CA case (and therefore FHEPS) was closed from 7/25-9/25 due to increased income. She sought a FHEPS restoration in 10/25 when her CA opened She will be recouped for budgeted shelter share for 1/25-6/25 only because her shelter allowance was budgeted.

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Minor Rule 10: HomeBase Processes Moves

  • Only HomeBase can process a move for FHEPS or CityFHEPS in the community. Later this year the centers are supposed to process shopping letters and moves.

Moves in the community can be for:

  • health and safety,
  • holdover; or
  • household composition decrease;
  • Sign up for the apartment lottery on Housing Connect when shopping letter is issued.

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Minor Rule 10: Last Child Aging Out While Applying

  • HRA will approve FHEPS if there are:

  • at least 90 days left before the youngest child ages out
  • and if there are less than 90 days, but at least 30, HRA would find eligibility if there is a documented plan showing the family can afford the rent after FHEPS eligibility ends.

  • FHEPS will generally end on or about last child’s birthday (18/19). We have seen it kept on sometimes until next recertification and if lucky, longer. Help your client plan ahead.

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Minor Rule 11: FHEPS IS ONLY A RENT SUBSIDY

  • FHEPS is a subsidy to cover rent only. It does not cover late fees, parking fees, legal fees, marshal fees, etc.

  • FCDU will process marshal and legal fees in a out-of-possession case as an exception to HRA policy when the family is out-of-possession and the landlord has agreed to restore the family to possession.
  • There must be a breakdown of the extra fees attached to your e-mail request in a so-ordered stip or court order.

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Minor Rule 12: FHEPS & Rent Status

  • Can have FHEPS when:
  • Unregulated, Rent Stab or Mitchell Llama rental or any type of coop if mortgage and maintenance within guidelines.
  •  Section 236 HUD Preservation Program
  • Section 8 sticky voucher
  • SCRIE or DRIE
  • Cannot have FHEPS when:
  • Reside in NYCHA project apartment
  • Cannot add to ACS rent subsidy

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Minor Rule 13: Sanctions Reduce FHEPS Subsidy & CA

  • When a family’s shelter allowance is reduced due to a sanction, the FHEPS subsidy will also be decreased. The CA budget will be decreased. (HRA not permitted to cover a sanction share but a charity can or an abatement.)

(An application will not be processed if there is a sanction on the budget.)

  • Child support sanctions reduce the budget by 25%
  • Work sanctions reduce the budget pro rata. HRA sometimes takes first from the cash part of the budget then from the shelter allowance. Work sanctions have not resumed. SNAP sanctions are starting in June.

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Minor Rule 14: FHEPS Checks Issued by CRPU

  • When an application is approved, CRPU should process the FHEPS checks in 3-5 business days and the housing attorney should pick them up.
  • If you submit the application you can request to pick up the checks at East 16th Street.
  • FHEPS move checks are processed by HomeBase and currently are sent directly to the new landlord. (It is best to pick up).
  • If CRPU does not issue the amount on the FHEPS approval, contact CRPU right away. If CRPU does not put the checks on the budget or send them to the wrong landlord. Contact them right away. Later payments issued are for the center to fix.

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Minor Rule 15: FHEPS Checks

  • If there are problems with the FHEPS checks months later –where the checks were fine but stopped-such as after a recertification at the BAC, contact the Director first, and then the regional. Contact by e-mail.

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Minor Rule 16: Time Limits

  • There is a 5 year limit to the program except for good cause to last longer.

  • What does that mean????

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Minor Rule 17: Convert to CityFHEPS?

Households who were previously in DHS shelter system are eligible for CityFHEPS if no longer eligible for FHEPS. A lawsuit is needed to transition. Some other households may fit other CityFHEPS rules in the community. Most households will not be eligible for a rent subsidy at this time so talk to your client about their future plan for paying the rent if the children are aging out or your client is going back to work.

Can you get them SCRIE or DRIE now?

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Section 610 for the Private Housing Finance Law & FHEPS

A recent change in Section 610 of the Private Housing Finance Law (PHFL) allows owners of affordable housing to collect more than the legal rent if the property receive rental assistance such as FHEPS, CityFHEPS, HASA benefits or Section 8.

The landlord must adjust the regulatory agreement with the housing agency that is involved with the Section 610 financing such as HPD, HCR , HDC, NYS Housing Finance Agency. That agency will issue an

“approval letter” permitting the building or buildings to raise the rent on apartments with the subsidy (while the subsidy is in effect).

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More on Section 610 of PHFL

The landlord then must send the tenant a renewal lease explaining the changes in the law and execute a new lease with the tenant when the old lease expires.

The landlord must also fill out a utility form for FHEPS and CityFHEPS subsidized apartment.

The tenant can apply at their center or on Access HRA.

This has lead to much confusion with the landlords because they think they can get increases based on the number of bedrooms , not by the FHEPS rules which includes bedrooms/countable people/utilities.

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Benefits of Rent Subsidies

  • Move or stay in safe, habitable apartment.
  • Housing Lawyers are responsible for getting repairs done in court cases.
  • Keep families in the community or return them to the community.
  • Stabilize housing with rent subsidy so children can grow up in a home.
  • Stabilize family so members can concentrate on education and training and move out of poverty.

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Contacting The Legal Aid Society

On the first appearance in Housing Court, the Judges are assigning legal services attorneys to tenants. At this time there are not enough attorneys to give everyone free representation.

Many organizations give free advice to tenants over the phone.

For LAS Access to Benefits call 888-663-6880 10 am-3 pm (no housing case)

For LAS Housing Help call 311 during regular business hours and ask to speak to a tenant advocate about a case in housing court.

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Questions?