When NYCHA Sells or Leases Property to a Private Party

U.S. Department of Housing and Urban Development (HUD)

NYCHA needs the approval of HUD under Section 18 of the U.S. Housing Act of 1937 for any lease of its property. Read more about what HUD looks for in a Section 18 application filed by a housing authority, and how residents can get involved in HUD's review. Review the Section 18 Application NYCHA submits to HUD.

The NYCHA Board first has to approve the submission; see Review by the NYCHA Board and Testify at a NYCHA Board Meeting

HUD also has oversight over NYCHA's Annual Plan; NYCHA is supposed to disclose any plan to to lease property in a plan that the public can comment on before NYCHA submits it to HUD. Understand and Comment on NYCHA's Annual Plan.

Organizing Notes

If you feel that NYCHA has not meaningfully consulted with you in developing its leasing plans, it’s important to create a record of that for HUD to see. If you are opposed to the plan or want it to be changed:

  • Put your criticisms of NYCHA’s plans and its process of engaging with residents in writing. That way, NYCHA will not be able to mischaracterize how you feel about the plans and the way NYCHA is consulting–or not consulting–with residents.

  • Be very specific. For example, point out issues that were raised at earlier meetings that were not followed up on. Refer to commitments NYCHA representatives may have made but later backed away from in their conversations with residents.

  • Emphasize that plan will only be in the “best interest” of residents if NYCHA meets residents’ demands about what the lease arrangement should look like and how it should proceed.

  • If you are completely opposed to the project, you might want to describe how the land NYCHA is planning to give away is not “incidental” to you, but necessary. For example, if NYCHA is planning to lease a community center or similar property, you might document how you will be impacted by the closure of the programming and events in the space. Whenever you submit a written comment to NYCHA, include this sentence: “NYCHA is legally obligated to evaluate this comment and forward all comments to HUD under 24 CFR § 970.9(a).”

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