FIRST – COME FIRST – SERVED PROGRAM GUIDELINES

TOWN OF BROOKHAVEN HOME ARP RENTAL ASSISTANCE PROGRAM

PROGRAM SUMMARY:

The Town of Brookhaven (the “Town”) Rental Assistance Program (the “Program”) is intended to provide rental assistance to foster housing stability to “Qualifying Populations.” The Long Island Housing Partnership (“LIHP”) has been retained to administer the Program. The funds are provided through the U.S. Department of Housing and Urban Development (“HUD”), pursuant to the American Rescue Plan. There are limited funds available. Therefore, the program will be first-come first-served until the funds are exhausted.

APPLICATION ARE BEING ACCEPTED AS OF OCTOBER 1, 2025 UNTIL CLOSED AS PER TOWN REQUIREMENTS

If you have any questions regarding any of the Program Guidelines, or need language or other assistance, including translation and/or oral interpretation services, please email LIHP at info@lihp.org before applying. Si tiene alguna pregunta con respecto a cualquiera de las Pautas del Programa, o necesita asistencia lingüística o de otro tipo, incluidos servicios de traducción y/o interpretación oral, por favor envíe un correo electrónico a LIHP a info@lihp.org antes de presentar la solicitud.

The Program Guidelines and criteria are based upon current requirements and guidance issued by HUD and approved by the Town. Applicants are advised that the Program Guidelines are subject to change, at any time and from time to time, without prior notice, based upon needs, requirements, interpretations, and regulations, as the same may be determined by HUD and/or the Town. Any request for a reasonable accommodation will be reviewed by the Town in accordance with its policies and procedures. LIHP and/or the Town may request additional or different documentation as may be acceptable to the Town/LIHP in their sole discretion. Awards are subject to funding availability whether or not a notice of award was provided.

Rental assistance will be available as follows:

Supportive services in the form of Rental Arrears and Late Fees (6-month maximum; accrued arrears payable in 1 lump sum payment)

1. Arrears can only be paid in connection with the unit applicant resides in at the time of application.
2. Applicants must not be more than 6 months in arrears at the time of application.
3. Applicants cannot be more than 6 months in arrears at the time the applicant’s ranking number is reached for review.

An applicant must be a member of one of the following Qualifying Populations (QP):

QP2:   At-Risk of Homelessness as defined at 24 CFR 91.5

QP4:    At Greatest Risk of Housing Instability

Applicants must be a member of a Qualifying Population (as defined below). LIHP will verify such status

• Applicant must currently reside in a rental unit in the Town of Brookhaven (including Villages)
• Applicant must have household income at or under the required Area Median Income (“AMI”) for Nassau/Suffolk County as established by HUD and adjusted for household size, at the time assistance is received. Please see the chart below under INCOME LIMITS.
• Applicants must be in arrears in their rent.
• Applicants must be a US citizen or Qualified Alien, as defined at 8 USC 1641

The following applicants are ineligible to receive assistance under the Program:

• Employees or agents of LIHP, the landlord, or the landlord’s property management company
• Applicants who are related to the landlord or any principal of the landlord or property management company by blood or marriage
• Employees or agents of the Town
• Applicants more than 6-months in arrears.

RENT CAP/MAXIMUM SUBSIDY:

Rent for the unit cannot exceed the monthly amount set forth below based on the 2025 HUD Fair Market Rent Standard by unit type. The amount of the monthly assistance that may be paid is 108% of the Fair Market Rent Standard by unit type. No household contribution is required.

If unit rent exceeds the amounts set forth above, the applicant will be removed from the waitlist and the file closed. The maximum rents are subject to change without notice as per Town requirements. Any such change will be applicable for applications for which a final determination has not been issued and shall not apply to any applications for which a final determination of eligibility has been issued (unless the Town determines otherwise).

 Income includes all gross household income – earned income/wages, overtime, unemployment, bonuses, pensions, social security, 401K distributions, tips, interest on bank accounts, etc. Income cannot exceed the maximum annual income for your household size. The limits above are based on the 2025 HUD “uncapped” income limits and will be automatically adjusted upon issuance of updated HUD income limits. Income limits are subject to adjustment for rounding and annual reassessment. The foregoing is subject to change as per HUD and the Town without notice.  Income is determined at the time of assistance and will be projected forward 12-months.

Household income of HOME-ARP rental unit tenants must be determined following the requirements at 24 CFR 5.609 (Section 8/HCV income calculation) unless the household is assisted by a state or federal project based rental subsidy or receiving federal tenant-based rental assistance. When a unit is assisted by a state or federal project-based rental subsidy or a household is receiving a federal tenant-based subsidy (e.g., Housing Choice Voucher), then the income determination of the public housing agency or Section 8 project owner will be accepted.

• Rental unit must be located in the Town of Brookhaven (including Villages)
• The unit must have a valid rental permit or operational authority issued by the Town or applicable municipality. The Town will verify.
• The unit must meet Lead Based Paint (“LBP”) inspection criteria as required by the Town and HUD, if applicable. The Town will assess as applicable.
• The unit must comply with all housing quality standards (“HQS”) required by HUD and/or set forth at 24 CFR 982.401. For units that are HOME or HOME ARP assisted, the Town may rely upon a current HQS inspection issued by a HUD certified HQS inspector. The Town and/or its authorized agents will conduct the HQS inspections. The town, and/or their agents, must be provided access to the premises and unit for purposes of performing HQS inspections.
• Single room occupancy units are not eligible under the Program

• The Lease may be oral or written. If the Lease is written, a current fully executed copy must be provided. If the Lease is oral, the agreement and the rent owed must be documented by the owner's financial records, rent ledgers, or canceled checks [see 24 CFR 576.106 (g)]
• A Lease Addendum must be executed by tenant and landlord that includes all requirements that apply to tenants, the owner or the Lease under 24 CFR part 5, subpart L (Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking), as supplemented by 24 CFR 576.409, including the prohibited bases for eviction and restrictions on construing lease terms under 24 CFR 5.2005(b) and (c).

REQUIREMENTS FOR ASSISTANCE:

• The landlord is required to participate and to submit a Landlord Participation Agreement
• The landlord and tenant must execute a Rental Assistance Agreement with the Town to participate in the Program. The Rental Assistance Agreement will set forth the terms under which the assistance will be provided and will contain other required provisions including a requirement that the landlord provide LIHP and the Town with a copy of any notice to the tenant to vacate or to evict.
• Landlord and tenant must execute the Lease Addendum
• Landlord must also provide the following documents:
• W-9 Form
• Current Rent Ledger (if applicable)

Payment will be made directly from the Town and only to the owner of record as verified by the Town.

• A one-time lump-sum payment of up to 6-months of rental arrears may be paid, including any late fees on the arrears.
• Final funding of award under the Program is subject to approval of the Town.
• There can be no duplication of benefits. Please see the section entitled “DUPLICATION OF BENEFITS.”
• Funds cannot be used to replace the public portion of any rental housing voucher/subsidy. Therefore, funding may only be used to cover the tenant’s portion of rent. LIHP may rely upon the Participation/Portion Letter, the rent ledger and/or other certifications of the issuing public entity or other party to establish the tenant portion and/or income eligibility. [see 24 CFR 576.106 (c)]

QP2:    AT-RISK OF HOMELESSNESS

As defined in 24 CFR 91.5, at risk of homelessness means:

(1)  An individual or family who:

QP4:    At Greatest Risk of Housing Instability

As defined as household who meets either paragraph (i) or (ii) below:

(i)  has annual income that is less than or equal to 30% of the area median income, as determined by HUD and is experiencing severe cost burden (i.e., is paying more than 50% of monthly household income toward housing costs);

(ii)  has annual income that is less than or equal to 50% of the area median income, as determined by HUD, AND meets the condition from paragraph (iii) of the “At Risk of Homelessness” definition established at 24 CFR 91.5

1)               Written certification by the applicant that the household income is at or below 30% or 50% AMI, together with supporting documentation.

2)               Supporting documents shall include but are not limited to:

• Signed copies of two (2) most recent Federal Tax Return w/W2 or 1099 or Official Verification of Non-filing from the IRS website
• Four (4) current consecutive paystubs; must include YTD gross income
• Self-employed applicants must provide a notarized letter from a CPA or attorney indicating the amount expected to be received for the next twelve months or a notarized year-to-date profit and loss statement
• Two (2) current months consecutive statements for ALL bank/Invest accounts
• Unemployment Printout
• Documentation of social security, public benefits, child support, pensions, disability, retirement funds, income from rental property and documentation from any other income source
• Fulltime Student Verification; copy of class schedule showing 12 or more credits, or letter from the registrar’s office.

 ZERO INCOME. If a household has no income, then the written certification by the household of zero income may be accepted.

3)               Written certification by the applicant that there is insufficient financial resources or support networks; e.g., family, friends, faith-based or other social networks, immediately available to prevent them from moving to an emergency shelter or becoming homeless, together with supporting documentation which shall include, but is not limited to, the following:

Source documents (e.g., notice of termination from employment, unemployment compensation statement, bank statement, credit card bills, health-care bill showing arrears, utility bill showing arrears, documentation that household pays more than 30% of income toward housing expenses defined as base rent plus utilities (for purposes of establishing the utilities, LIHP shall rely upon assumed utilities as established by the Town for the applicable unit type), or documentation that the household has relied on, or will need to rely on, credit cards, payday lenders, loans, or savings going forward in order to pay rent, rather than through wages or other income).

If source documentation is not available to provide to LIHP, LIHP may rely upon Third-Party Verification.

Third-Party Verification: To the extent that source documents are unobtainable, a written statement by the relevant third party (e.g., former employer, public administrator, relative, community-based service provider, faith-based provider, social or human services provider)

4)               Written certification by the applicant that the household lives in housing that has characteristics associated with instability and an increased risk of homelessness, together with supporting documentation which shall include, but is not limited to, the following:

• Eviction notice or late rent notice for the period for which assistance is requested.

Federal law prohibits any duplication of benefits. A duplication of benefits occurs when a person or entity receives financial assistance from multiple sources for the same purpose and the total assistance is more than the total need. Applicants and landlords will be required to sign a certification regarding duplication of benefits. If additional funds are received and determined to be duplicative, the amount of the award, if eligible, may be reduced and the amount disbursed that is determined to be a duplication of benefits must be repaid. The obligation to pay any duplication of benefits is an on-going obligation. If awarded funds, the beneficiaries may be required to recertify, from time to time as requested by the Town, but in no event later than 12 months from award, as to whether additional funds have been received.

To assess duplication of benefits, and the unmet need, the Town is requiring the following process to be followed:

• Assess Need: Total need for assistance will be assessed (the “Total Need”).
• Determine Assistance: The amount of assistance that has or will be provided from all sources to pay the need will be reviewed.
• Calculate Unmet Need: Determine the amount of assistance already provided compared to the Total Need to determine the Unmet Need.
• Apply Program Cap, if applicable
• Document Analysis

FIRST-COME FIRST-SERVED APPLICATION PROCESS:

As funds are limited, Applications will be accepted on a first-come first-served basis. To be placed on the waitlist and ranked for eligibility for the Program, applicants must within the required timeframe. Applications are available as set forth below. Applicants who submit the Application within the time required will be “conditionally” placed on the waitlist in the order received. Submission of the Application does not guarantee eligibility for the Program.

Applications are available online at www.lihp.org/BrookhavenRentalAssistance.html. Only one Application is allowed per household.

 APPLICATIONS WILL ONLY ACCEPTED ONLINE BEGINNING 9:00 AM ON OCTOBER 1, 2025.

During each Step, LIHP and/or its program partners may request additional information and/or documentation to verify applicant eligibility. Applicant will be required to comply with such requests and any timeframes established to provide such information/documentation or applicant will be deemed ineligible, subject to a right to appeal (if applicable).

Each applicant must submit the following initial documentation:

1. Completed Application
2. Copy of a valid driver’s license or valid photo ID for the Applicant
3. Copy of Qualified Alien status, if not a U.S. citizen

 Step 2: Review of Income and Program Eligibility based on Qualifying Population

The applicant will be initially reviewed for income and preliminary program eligibility. The applicant will have seven (7)) calendar days from the date of the notice from LIHP to submit a certification and documentation. If eligible, applicant will proceed to Step 3. During each Step, LIHP may request additional information and/or documentation to verify applicant eligibility. Applicant will be required to comply with any timeframes established by LIHP to provide such information/documentation or applicant will be deemed ineligible, subject to a right to appeal. In such case, Applicant will be notified of ineligible status by email. If determined to be ineligible, LIHP will notify the applicant by email and the applicant will be deemed ineligible, subject to a right to appeal.

LIHP will contact the landlord stated in the Application who will be required to submit a Landlord Application and required documentation (e.g., W-9, ACH/EFT Form)

Landlord will then have seven (7)) calendar days from the date of the notice from LIHP to submit ALL such documentation to LIHP. The required Landlord documentation can ONLY be submitted to LIHP via a file-specific link that will be provided by LIHP during this Step. If ALL required documentation is not received by LIHP within the timeframe required, then applicant will be removed from the waitlist and the file closed. Applicant will be notified of removal from the waitlist by email.

LIHP will also coordinate with the Town to obtain verification by the Town or applicable municipality of a valid rental permit or authority to operate as a rental unit. The Town will provide such verification in writing to LIHP.

If Steps 1, 2 and 3 are completed and applicant is still eligible, the Town will perform an HQS/Lead Based Paint Inspection. If the unit fails inspection, landlord must complete the required repairs including lead-based paint clearance, at landlord’s sole expense, within thirty (30) days.

If Step 4 is not successfully completed, LIHP will notify the applicant and landlord by email and the applicant will be removed from the waitlist and the file closed. Applicant will be notified of removal from the waitlist by email.

NOTE: Failure to comply with Step 4 within the stated timeframe is NOT appealable.

If Steps 1, 2, 3, and 4 are successfully completed (and any discrepancies are resolved), an assessment of unmet need, a duplication of benefits review, and a calculation of a conditional award will be made by LIHP for review and approval by the Town. Landlord may be requested by LIHP to provide a current rent ledger (if applicable) in order to establish a conditional award of arrears.

NOTE: Any discrepancies must be resolved prior to any determination of Conditional Award. See section below entitled “DISCREPANCIES.”

Upon successful completion of Step 5, LIHP will contact the landlord, applicant, and Town by email to advise of the conditional award amount and to request the execution and delivery of the following final documentation:

• Rental Assistance Agreement
• Lease Addendum

 The signed documentation must be returned to and received by LIHP within seven (7) calendar days from the date of the notice from LIHP. If required documentation is not received by LIHP within the timeframe required, the applicant will be deemed ineligible, subject to a right to appeal. Applicant and the landlord will be notified of ineligible status from the waitlist by email.

If Step 6 is successfully completed, the conditional award will convert to a final award. LIHP will provide the applicant and the landlord with the documentation (sent by email) confirming the award and a check will be mailed to the landlord by the Town.

Applicants are advised that if a discrepancy or question arises concerning status, the identity of the landlord, the amount of arrears, the rent, or other relevant information exists that cannot be reconciled by LIHP from the documentation provided, such discrepancy must be resolved to the satisfaction of LIHP and/or the Town within the time frame provided by LIHP. Any such discrepancy or question that is not so resolved within the time frame required will result in applicant ineligibility, subject to appeal, as applicable.

If there is no discrepancy, including in the amount of arrears if applicable, then the amount of the Program award will be based on the documentation submitted.

Applicants who are deemed ineligible may appeal the determination by submitting a request to LIHP. The appeal request must be in writing and must be received (together will all documentation) by LIHP within three (3) calendar days of the date of LIHP’s notice to applicant of the determination of ineligibility. The appeal must state the basis of the appeal and contain documentation to support the appeal. Please note that, if the applicant was deemed ineligible due to failure to submit required documentation within the required time frame, then, no appeal will be granted unless the applicant submits the remaining required documentation with the appeal letter/request within the timeframe required. The appeal will be promptly reviewed and the applicant advised of the final determination by email.

Notice to LIHP of an appeal request can ONLY be submitted via a file-specific link that will be provided by LIHP during this Step.

VIOLATION OF FEDERAL LAW:

THE INFORMATION PROVIDED BY HOUSEHOLDS MUST BE TRUE AND CORRECT. THE INFORMATION PROVIDED IS SUBJECT TO VERIFICATION BY THE TOWN AND/OR HUD. BY SUBMITTING AN APPLICATION AND SUPPORTING DOCUMENTS, THE APPLICANT ACKNOWLEDGES AND UNDERSTANDS THAT TITLE 18 OF THE UNITED STATES CODE SECTION 1001: (1) MAKES IT A VIOLATION OF FEDERAL LAW FOR A PERSON TO KNOWINGLY AND WILLFULLY (A) FALSIFY, CONCEAL, OR COVER-UP A MATERIAL FACT; (B) MAKE ANY MATERIALLY FALSE, FICTITIOUS, OR FRAUDULENT STATEMENT OR REPRESENTATION; OR (C) MAKE OR USE ANY FALSE WRITING OR DOCUMENT KNOWING IT CONTAINS A MATERIALLY FALSE, FICTITIOUS OR FRAUDULENT STATEMENT OR REPRESENTATION, TO ANY BRANCH OF THE UNITED STATES GOVERNMENT; AND (2) REQUIRES A FINE, IMPRISONMENT FOR NOT MORE THAN FIVE (5) YEARS, OR BOTH, WHICH MAY BE RULED A FELONY, FOR ANY VIOLATION OF SUCH SECTION.

FAIR HOUSING AND NON-DISCRIMINATION:

LIHP is committed to furthering and promoting fair housing, equal opportunity, and non- discrimination in compliance with all federal, state and local laws, including, but not limited to, the Fair Housing Act, as amended by the Housing for Older Americans Act, the Americans with Disabilities Act, the Civil Rights Act, and the New York State Human Rights Law. LIHP will have