Public Housing Tenants

Public housing is usually managed by a local Public Housing Authority (PHA). For example:

  • Albany: Albany Housing Authority (AHA)
  • Troy: Troy Housing Authority

Not all municipalities have PHAs. (e.g., Colonie has no PHA, despite being seven times the size of Watervliet, which does.)

Lease Basics & Income-Based Rent

When tenants enter public housing, they agree to detailed lease terms. Common terms include:

  • Rent is set at 30% of total household income.
  • Only individuals listed on the lease may reside in the unit.
  • New occupants must be approved and added to the lease, with full income disclosure.
  • Unauthorized occupants may result in termination of tenancy.
  • Tenants must report any income changes to the PHA immediately.
  • Failure to recertify income may result in:
    • Retroactive rent charges;
    • Lease termination.
  • Rent adjustments are based on the date of income change notice, not the date income is received.
  • If a tenant loses income, they should immediately request a “hardship rent” review (as low as $0–$50/month in some cases). Delayed notification will likely mean no retroactive adjustments.

Transfers

Tenants may request a transfer by writing to their building manager. If there have been household or family status changes, these must be reported.

  • Emergency Transfers: Only granted when there is an immediate threat to life, health, or safety that cannot be resolved within 24 hours.
  • Non-emergency transfers are handled on a needs-based system.

Lease Violations & Eviction Process

When a tenant is accused of violating their lease, the process generally follows these steps:

  1. Initial written notice of the violation.
  2. Follow-up notice if the issue continues.
  3. Tenant is given the right to request an informal hearing.
    • ⚠️ Important note: This request may need to be submitted in writing, and tenants may not always be notified of this right.
  4. If the tenant disagrees with the outcome of the informal hearing, they may request a formal hearing, also in writing.

Annual Recertification

  • Mandatory for all public housing tenants.
  • Typically, four reminder notices are sent, but tenants should not rely solely on these.
  • Failure to recertify may lead to:
    • Rent being raised to Fair Market Rent, or
    • Eviction proceedings.

Albany Housing Authority (AHA) Specifics

  • Rent is due by the 5th of each month.
  • If rent is paid after the 10th, a $25 late fee applies.
  • AHA court sessions for nonpayment are held once per month.

In Court:

  • Tenants who appear and pay the current month’s rent are typically offered a repayment agreement (6–12 months).
  • Tenants who appear but cannot pay may be given until the end of the month (usually 2 weeks) to catch up.
  • Before entering a repayment plan, tenants may be asked to sign a Confession of Judgment.

⚠️ Important Notes About Confessions of Judgment:

  • Once signed, it is very difficult to contest.
  • Tenants may still request a file review to verify the balance owed.
  • If a repayment agreement is broken, the entire amount becomes due immediately, and an eviction warrant is issued without a return to court.

Maintenance & Repair Charges

  • Maintenance fees are generally listed in the lease.
  • Charges may apply for every service (e.g., changing a lightbulb: $5).
  • If tenants believe a fee is unfair:
    1. First, raise the issue with the site manager.
    2. If unresolved, submit a written request for an informal hearing.
  • If the lease clearly outlines a charge, it is generally considered enforceable.