New York Homeowner Assistance Fund Policy Manual

The New York State Homeowner Assistance Fund (“NYS HAF”) mitigates financial hardships associated with the coronavirus pandemic by preventing homeowner mortgage delinquencies, defaults, foreclosures, and displacements of homeowners experiencing financial hardship. NYS HAF is a federally-funded Homeowner Assistance Fund program established under section 3206 of the American Rescue Plan Act of 2021 (the “Act”). Pursuant to the Act, the U.S. Treasury allocates and distributes Homeowner Assistance Fund dollars to states, tribes, and territories and establishes program guidance.

This New York State Homeowner Assistance Fund Policy Manual (“Manual”) establishes policies for NYS HAF. The policies contained within this Manual may be supplemented or modified to address changes to rules, guidance, or the evolving needs of NYS homeowners impacted by the coronavirus pandemic. In addition to this Manual, the parties engaged in executing NYS HAF have developed Practice and Protocol documents (“P&P”) that are necessary to implement NYS HAF requirements.

Revision History

December 2, 2022

Forward Payment Program and Reverse Mortgages

On September 30, 2022, the NYS HAF Maximum Assistance Amount cap increased to $95,000 for mortgage applicants, including applicants with a reverse mortgage, who receive financial assistance for mortgage reinstatement, principal reduction and/or mortgage forward payments. 

November 14, 2022

Expanding Arrears Satisfaction Pathway for 2022 Property Taxes

As of October 21, 2022, delinquent property taxes is defined as any tax bill that was issued in 2021-2022 or earlier. Taxes levied for the 2022-2023 tax year are not eligible for a HAF award. 


Halting NYC Forward Payment Program for Property Taxes
 

As of the date of this update (10/27/2022), NYS HAF is no longer offering forward payment assistance for NYC property taxes. All NYS HAF applicants requesting assistance with property taxes will have their taxes verified through the 2022 tax year. 

$200k Arrears Cap Policy

Since the inception of the program and pursuant to Federal Treasury Guidance, homeowners with arrears in excess of $200,000 are ineligible for NYS HAF.

October 5, 2022

NYS HAF Award Cap Increases to $95,000

As of September 30, 2022, the NYS HAF Maximum Assistance Amount is $95,000 for mortgage applicants who receive financial assistance for mortgage reinstatement, principal reduction and/or mortgage forward payments. For these applicants, the maximum contribution of HAF funds to address all mortgage and non-mortgage arrears is $95,000.

For applicants who receive financial assistance for non-mortgage arrears only, the NYS HAF Maximum Assistance Amount remains at $50,000.

September 13, 2022

Changes to Eligible Expenses: Water/sewer charges are no longer eligible for Forward Payments Assistance

Forward Payment Assistance is available for either mortgage or non-mortgage housing costs. Applicants can only receive Non-Mortgage Forward Payments OR Mortgage Forward Payments, whichever is the greater of the two.

For Non-Mortgage Forward Payments, homeowners are eligible for up to 6 months (within the program award cap of $50k) of payments on eligible housing costs, which include taxes, condo/co-op fees, and HOA dues. As of August 31, 2022, water/sewer costs are no longer eligible for Non-Mortgage Forward Payments. Homeowners are eligible for Non-Mortgage Forward Payments if their monthly housing costs exceed 50% of gross monthly household income.

For Mortgage Forward Payments, homeowners are eligible for 6 months of payments (within the program award cap of $50k) if they are severely cost-burdened (monthly housing expenses are greater than 50% of gross monthly household income) AND:

  • They are current on their mortgage payments, OR

  • They have been brought current under NYS HAF Mortgage Reinstatement/Principal Reduction program, provided that there are enough funds within the cap to cover at least 3 future payments.

April 28, 2022

  • Clarification of delinquency rules for assistance with non-mortgage housing debt

  • Non-Mortgage Forward Payments: addition of >50% DTI as reason for eligibility

  • Expansion of eligibility for mortgage reinstatement and revision of mortgage assistance waterfall

Prioritization and Targeting

Prioritization for Households below Median Income, Socially Disadvantaged, and Vulnerable Populations

Pursuant to U.S. Treasury guidance, NYS HAF must prioritize assistance based on a household’s area median income (AMI). Initially NYS HAF will be available exclusively to priority applicants whose household income is equal to or less than the greater of the area median income for the county in which the household resides, or the area median income for the United States, as determined by the Secretary of Housing and Urban Development (HUD). AMI tables are available on HUD’s website at https://www.huduser.gov/portal/datasets/haf-il.html. Contingent on the availability of funds, NYS HAF may expand eligibility to higher income households but in no event will HAF funds be made available to applicants with household incomes exceeding one hundred fifty percent (150%) AMI.

Forty percent (40%) of NYS HAF funds will be prioritized for “Socially Disadvantaged Individuals and Vulnerable Populations” with household incomes at or below 100% AMI. “Socially Disadvantaged and Vulnerable Populations” include:
  • racial and ethnic minorities who have been subject to housing discrimination
  • applicants with limited English proficiency
  • senior citizens (defined as 62 years of age or older)
  • individuals with disabilities
  • those who lack adequate access to web-based technology

Additionally, an individual not included in the above groups but whose ability to purchase or own a home has been impaired due to diminished access to credit on reasonable terms as compared to others in comparable economic circumstances, based on disparities in homeownership rates in the HAF participant’s jurisdiction as documented by the U.S. Census, may request to be considered a Socially Disadvantaged Individual for purposes of NYS HAF. The individual must show such an impairment stemming from circumstances beyond their control by submitting a Social Disadvantage Attestation Form provided by the program. NYS HAF will review each Social Disadvantage Attestation Form submitted by an applicant and determine whether the applicant meets the definition of a Socially Disadvantaged Individual

Application Period

NYS HAF is not accepting new applications as of February 19, 2022. Homeowners may register for the NYS HAF waiting list. Registering for placement on the waiting list does not guarantee eligibility for funding or that a full application will be requested.

NYS HAF accepted applications beginning January 3, 2022 through February 18, 2022 (the "Initial Application Period"). Applications will be processed on a first-come, first-served basis. Application submission does not guarantee an applicant will receive financial assistance.

Once an applicant has successfully submitted an application during this Initial Application Period, the program will “commit” funds in anticipation of the application being deemed eligible for award.

General Eligibility Criteria

Overview

NYS HAF offers assistance under three program pathways:

  • The Mortgage Reinstatement/Principal Reduction Program (MR/PR)
  • The Non-Mortgage Arrears Satisfaction Program (AS)
  • The Forward Payment Program (FP)
Applicants are considered for all pathways for which they may be eligible based on information provided to NYS HAF.

Some eligibility criteria are applicable under all program pathways. These general eligibility criteria are set forth in the General Eligibility Criteria section.

In addition, each program pathway has additional applicable eligibility criteria. These pathway-specific eligibility criteria are set forth in the Mortgage Reinstatement/Principal Reduction (MR/PR) Eligibility Criteria, Arrears Satisfaction (AS) Eligibility Criteria, and Forward Payment (FP) Eligibility Criteria sections.

Identity

NYS HAF will verify the identity of applicants.
How applicants may meet this requirement: The NYS HAF application form requests applicant permission to validate identity through an automatic look up using a third-party service called Experian Precise ID. Applicants are thereafter asked to consent and answer identifying questions, and to verify the results of the third-party service. If identity information is verified through this method, no documents are requested to verify identity.
If an applicant does not grant permission, cannot answer the identity questions, or identity otherwise cannot be validated by Experian Precise ID, NYS HAF requests a copy of one of the following to verify identity:
  • Passport
  • Social Security Card
  • Military ID
  • Naturalization Certificate
  • Lawful Permanent Residency Card
  • Other Government Issued Photo ID

Eligible Property

NYS HAF provides assistance only for eligible properties within New York State. Eligible properties include:
  • Single-family properties
  • Condominium units/town homes
  • 2- to 4-unit properties where the homeowner is living in one of the units as their primary residence
  • Manufactured homes
  • Cooperative units; and
  • Mixed-use properties with no more than 4 units
Properties that are vacant or abandoned, second homes, or non-owner-occupied investment property are ineligible for NYS HAF, pursuant to U.S. Treasury guidance.

How applicants may meet this requirement: With the applicant’s consent, NYS HAF attempts to establish that the applicant meets this requirement by conducting a third-party electronic records search without requiring the applicant to submit supporting documentation. Applicants are thereafter asked to attest that the results of the third-party search are correct.

If the third-party electronic records search is unsuccessful, or if NYS HAF determines that supporting documentation is necessary, applicants may satisfy this requirement by providing a copy of a proprietary lease, deed, city or county tax record with property type clarification, or other alternative supporting documentation.

Qualified Financial Hardship

Eligible applicants must have experienced a Qualified Financial Hardship after January 21, 2020 (including a hardship that began before January 21, 2020, but continued after that date), as required by U.S. Treasury guidance. A Qualified Financial Hardship is a material reduction in income or material increase in living expenses associated with the Coronavirus pandemic that has created or increased the risk of mortgage delinquency, mortgage default, foreclosure, loss of utilities or home energy services, or displacement for a homeowner. “Reduction of income” means a temporary or permanent loss of income after January 21, 2020. “Increase in living expenses” means an increase in out-of-pocket household expenses, such as medical expenses, inadequate medical insurance, increase in household size, increase in childcare costs, or other costs associated with the Coronavirus pandemic after January 21, 2020.

NYS HAF may assist an eligible homeowner with arrears that accrued on or before January 21, 2020, provided the homeowner has experienced a Qualified Financial Hardship after January 21, 2020.

How applicants may meet this requirement: Applicants may attest to a Qualifying Financial Hardship using the NYS HAF application form.

Primary Residence

Eligible applicants must currently occupy the property as their primary residence, as required by U.S. Treasury guidance. A primary residence is a permanent and primary home that the homeowner intends to return to and/or remain in after being away (for example, on vacation, business assignments, educational leave, or military assignment) and where they spend at least 184 days or more during a calendar year.

How applicants may meet this requirement: Applicants may meet this requirement by attesting to primary residence using the NYS HAF application form.

If there is a significant discrepancy between attestation and other supplied documentation, NYS HAF may require supporting documentation that would resolve the discrepancy, including but not limited to one of the following, showing name of applicant and address: mortgage statement; utility bill; phone bill; cable bill; pay stub dated within 3 months of application; 2022 income tax return; or a current driver license or government-issued ID card or voter card.

Ownership

Eligible applicants must be a natural person or trustee of a living trust that holds title to the property, pursuant to U.S. Treasury guidance. Heirs, equitable owners, and successors-in-interest, as that term is defined in section 1024.31 of Title 12 of the Code of Federal Regulations meet this requirement.

How applicants may meet this requirement: With applicant consent, NYS HAF attempts to establish that the applicant meets this requirement by conducting a third-party electronic records search in a system called Melissa. Applicants will be asked to attest that the results of the third-party search are correct.

If the third-party electronic records search is unsuccessful, or if NYS HAF determines that supporting documentation is necessary, applicants may be asked to provide one of the following: deed, title policy, co-op lease, land contract, heirship documentation or will, homeowner’s insurance policy for structure, HOA or co-op statement.

Alternative documentation may be considered on a case-by-case basis only in instances where an applicant is unable to provide clear proof of ownership, such as for heirs, equitable owners, and successors-in-interest.

Household Income

Applicant household income must fall below the thresholds in Section 2 of this Manual.

Pursuant to U.S. Treasury guidance, NYS HAF considers annual income to mean the following:
  • For income that is established by federal tax returns, the program will use adjusted gross income as defined for purposes of reporting on Internal Revenue Service (IRS) Form 1040 series;
  • For income that is established by other supporting documentation, the program will use HUD’s definition of “annual income” in 24 CFR 5.609;
  • NYS will use a reasonable fact-specific proxy to validate income (“Income Proxy”) in conjunction with an attestation of household income signed by the applicant that relies on income data provided to NYS HAF by the New York State Department of Labor (DOL).
“Annual income” does not include:
  • Income from employment of children (including foster children under the age of 18 years)
  • Payments received for care for foster children or foster adults
  • Lump-sum payments, such as inheritances, insurance payments, capital gains and settlement for personal or property losses
  • Money homeowner or someone in the household received to pay for, or to be reimbursed for medical expenses
  • If homeowner has a live-in aide, income a live-in aide receives
  • Special pay to a family member serving in the Armed Forces who is exposed to hostile fire
  • Any nonrecurring, sporadic income (like a financial gift)
  • Adoption assistance payments in excess of $480 per adopted child
  • Property tax refunds/rebates
  • Financial assistance to students in the household
How applicants may meet this requirement:How applicants may meet this requirement: The NYS HAF application form requests applicants attest to their gross annual household income and family size. If the applicant consents, NYS HAF attempts to expedite income validation by using the Income Proxy method. If the applicant does not consent to providing the information necessary for the Income Proxy, or if the program determines the DOL data to be unreliable, the applicant is thereafter asked to provide supporting documentation. As of September 2022, the program analyzes income eligibility with respect to 2021 income.

Pursuant to U.S. Treasury guidance, if an applicant’s household has been verified as a low-income family as defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)) in connection with another local, state, or federal government assistance program, NYS HAF will accept a determination letter from the government agency that verified the applicant’s household income or status as a low-income family, provided that the determination for such program was made on or after January 1, 2020. Acceptable programs include:
  • Supplemental Nutrition Assistance Program (SNAP)
  • Temporary Assistance (Family Assistance/Safety Net Assistance)
  • Home Energy Assistance Program (HEAP)
  • Section 8
  • Special Supplemental Nutrition Program for Women, Infants, and Children (WIC)
If neither the Income Proxy nor the income-based household benefits options establishes household income, then applicants will be asked to supply income documents for all adult members over the age of 18 who reside in the household.

A household member’s income may be established by providing 2022 tax returns, with no additional documentation required. If tax returns are not provided, then the following documents may establish income as applicable:

IF YOU OR ADULT HOUSEHOLD MEMBERS... THEN PROVIDE...
Do not have Tax Returns but receive wages from employment W2, OR one most recent paycheck or paystub, OR letter from employer stating pay and hours for all adult members of the household to who this applies. In addition, documentation for all other types of household income from the list below that apply must be provided.
Have self-employment income / gig worker income not reflected in a 2022 tax return IRS 1099 form for adult members of the household to whom this applies. In addition, documentation for all other types of household income from the list below that apply must be provided.
Receive Pension/Retirement income Pension or annuity benefits statement to all adult members of the household to whom this applies
Receive Social Security Income, Worker’s Compensation, Unemployment Benefits statement or award letter to adult members of the household to whom this applies
Receive Rental Income Written lease or rent receipts for each rental unit.

Case-specific waivers: Pursuant to U.S. Treasury guidance, NYS HAF may provide case-specific waivers or exceptions to the above requirements as reasonably necessary to accommodate extenuating circumstances, such as disabilities, practical challenges related to the pandemic, or a lack of technological access by homeowners.

Homeowners with zero income are eligible for Forward Payments.

Maximum Amount of Assistance from NYS HAF

NYS HAF awards are sized to the amount needed to resolve the mortgage and/or non-mortgage arrears, but may not exceed the NYS HAF Maximum Assistance Amount. As of September 30, 2022, the NYS HAF Maximum Assistance Amount is as follows: For applicants who receive NYS HAF financial assistance for mortgage reinstatement, principal reduction and/or mortgage forward payments, including applicants with a reverse mortgage, the NYS HAF Maximum Assistance Amount is $95,000. For these applicants, the total for all mortgage and non-mortgage arrears must not exceed $95,000. For applicants who receive NYS HAF financial assistance for non-mortgage housing costs only, the NYS HAF Maximum Assistance Amount remains at $50,000.

Mortgage Reinstatement/Principal Reduction (MR/PR) Eligibility Criteria

Pathway Summary

Due to beneficial federal agency guidance issued in response to the Coronavirus pandemic, many mortgage servicers must provide most homeowners impacted by the pandemic with COVID-19 loss mitigation designed to help them avoid the loss of their home. COVID-19 loss mitigation often includes payment deferrals, partial claims, and loan modifications that reduce monthly payments in accordance with federally established rules and processes.

In accordance with guidance from the U.S. Treasury, it is the policy of NYS HAF to provide financial assistance awards to homeowners that supplement, and do not replace, COVID-19 loss mitigation options available through mortgage servicers.

The MR/PR intervention aids eligible applicants in two ways:
  1. Services: NYS HAF will provide hands-on case management assistance, as well as referrals to housing counselors and legal service providers (the NYS “HOPP” network) to assist applicants in accessing home retention options through their loan servicer and avoiding foreclosure.
  2. Financial Assistance: Eligible applicants who do not have an adequate home retention option available from their loan servicer, may be eligible for a partial or full reinstatement of owed principal, interest, taxes, insurance, and homeowner association fees (PITIA) payments and/or a principal reduction.

Eligible Delinquent Housing Obligations

MR/PR pays for the following eligible delinquent housing obligations:
  • Mortgage payment arrears including escrowed property charges, and escrow shortages
  • Delinquent property charges causing a reverse mortgage default, advanced by a reverse mortgage servicer, or included in a reverse mortgage repayment plan
  • Arrears under a second mortgage such as a Home Equity Line of Credit or Home Equity Loan.
  • Arrears accrued under a land contract or rent-to-own contract
  • Fees, penalties and/or interest incurred on the above
In situations where a homeowner is eligible to receive MR/PR assistance for one or more of the above delinquent housing obligations, MR/PR may also pay for the non-escrowed delinquent property taxes (may also include water and sewage arrears), condominium association fees, HOA, or cooperative maintenance fees, but not non-escrowed insurance unrelated to a reverse mortgage default and other non-escrowed obligations that do not pose an imminent foreclosure risk.

How applicants may meet this requirement: Applicants may provide a mortgage statement showing delinquency. With permission from the applicant, NYS HAF will contact the applicant’s mortgage servicer in order to obtain current information about delinquent mortgage amounts.
Homeowners with arrears in excess of $200,000 are ineligible for NYS HAF.

Mortgage Delinquency

Pursuant to U.S. Treasury guidance, applicants must be delinquent (30 days or more past due) by at least one payment. This definition includes payments missed during a forbearance period.

Exception: A homeowner who had a COVID-related mortgage delinquency after January 20, 2020 and accepted a loss mitigation option to resolve their COVID-related mortgage delinquency that is not affordable because monthly mortgage costs exceed 50% of gross monthly household income may be considered for assistance even if not currently delinquent on their mortgage.

How applicants may meet this requirement: The NYS HAF application form requests applicants provide a mortgage statement showing default status.

Mortgage Delinquency to Be Fully Resolved

The underlying mortgage issues are to be resolved in their entirety without exceeding the NYS HAF Maximum Assistance Amount, with no remaining delinquent amounts after NYS HAF assists, pursuant to U.S. Treasury guidance.

How applicants may meet this requirement: NYS HAF verifies that delinquent amounts will be resolved in their entirety with no remaining delinquent amounts before making a final award to an eligible applicant.

If assistance greater than the NYS HAF Maximum Assistance Amount is needed to resolve the delinquency, the homeowner may leverage MR/PR assistance with other available funds, including personal financial resources or outside financial assistance. NYS HAF verifies that these other funds are available before making a final MR/PR award.

The NYS HAF program will offer full payoff of mortgages in very limited circumstances, including but not limited to situations in which: there are no other options to obtain relief on the mortgage, the borrower is a senior or disabled, or the borrower is very low income. If you believe your debt should have been considered for payoff, you may file an appeal. Please visit the FAQ section of our website to learn more about the appeal process.

Loss Mitigation

Pursuant to U.S. Treasury’s guidance, the program will supplement, and not replace, loss mitigation available to the applicant from their mortgage servicer. NYS HAF provides case management assistance to homeowners to assist them with contacting their mortgage servicer and accessing home retention options that the homeowner may be eligible for.

Loss Mitigation Review to Occur Before Final NYS HAF Award
Applicants must have been reviewed for available home retention options by their mortgage servicer prior to NYS HAF making a final award determination under the MR/PR pathway.

How applicants may meet this requirement: If the applicant has consented, NYS HAF contacts the applicant’s mortgage servicer using the Common Data File (CDF) where applicable or other secure means of servicer communication. NYS HAF requests that the mortgage servicer disclose whether the homeowner was evaluated for loss mitigation options, who the loan investor is, and which loss mitigation options the homeowner was reviewed for, among other information.

Mortgage Reinstatement and Principal Reduction Funding Eligibility Waterfall
NYS HAF will determine eligibility for an MR/PR award according to the steps below. The award determination may depend on the homeowner’s mortgage-debt-to-income (“DTI”), defined by NYS HAF as the monthly payment of PITIA (principal, interest, taxes, insurance, association dues) divided by the applicant’s gross monthly household income reported to the program.

Step 1: Resolution of missed payments. If the homeowner is not current on the mortgage, the program will seek a loss mitigation solution from the mortgage servicer to address the missed payments where the solution does not increase ongoing monthly payments compared to the homeowner’s current contractually due monthly PITIA, and does not require the homeowner to make an immediate lump sum payment of arrears.

If such a loss mitigation solution is available, then:

  • If resulting DTI is less than or equal to 50%, no MR/PR funding will be provided.
  • If resulting DTI is greater than 50%, the homeowner will be evaluated for Principal Reduction (Step 2).

  • If such a loss mitigation solution is NOT available, NYS HAF will provide reinstatement assistance of up to $95,000.

    If the amount necessary to reinstate the mortgage exceeds $95,000, the homeowner may provide proof of the available of “gap” funds to reinstate the difference above what NYS HAF may fund. If “gap” funds are available, NYS HAF will award $95,000 in reinstatement assistance. If “gap” funds are not available, the homeowner will be ineligible for mortgage assistance funding from NYS HAF.

    Step 2: Principal Reduction. If the result of Step 1 leaves the homeowner with DTI less than or equal to 50%, NYS HAF will not provide Principal Reduction assistance.

    If the result of Step 1 leaves the homeowner with a DTI greater than 50%, and the maximum award of $95,000 has not been met, then the program may offer Principal Reduction assistance (including a principal reduction loan modification or a loan recast in cooperation with the applicant’s mortgage servicer) if and only if an award will result in a DTI less than or equal to 50%. The Principal Reduction assistance amount will be calculated to target a DTI result of 35%, without causing the maximum award amount to be exceeded.

    Payments-in-lieu-of-Principal-Reduction: In the event the homeowner qualifies for a Principal Reduction award, but the applicant’s mortgage servicer is unable to apply the Principal Reduction award due to a restriction, the program will provide the homeowner with up to six monthly mortgage payments Payments-in-lieu-of-Principal Reduction, up to the program’s maximum award amount.

    The homeowner will be required to attest to the ongoing ability to pay in order to receive an MR/PR award.

    Conforming Loan Limit

    Eligible applicants' original mortgage or home loan must have had an unpaid principal balance (UPB) at the time of origination no greater than the conforming loan limits in effect at time of origination, as required by U.S. Treasury guidance.

    The table here provides information for reference on the conforming loan limits throughout New York state dating back to 1980. The table is ordered by year and location for one to four unit households.

    How applicants may meet this requirement: If the applicant consents, NYS HAF attempts to establish that the applicant meets this requirement by conducting a third-party electronic records search without requiring the applicant to submit supporting documentation. Applicants are asked to attest that the results of the third-party search are correct.

    If the third-party electronic records search is unsuccessful, or if NYS HAF determines that supporting documentation is necessary, applicants may be asked to provide a mortgage statement or other documentation from mortgage servicer or lender showing UPB at time of origination. With consent from the applicant, NYS HAF may request this information directly from the applicant’s mortgage servicer.

    Ability to Pay Ongoing Housing Costs

    Eligible applicants must have the ability to pay their ongoing housing costs after the MR/PR pathway. Applicants who do not have the ability to pay their ongoing housing costs may be eligible for the Forward Payment Program. If the applicant is determined to be eligible for Forward Payments (FP), they can then satisfy the ongoing ability requirement for MR/PR. See Section 6 of this Manual for more details.

    How applicants may meet this requirement: After the homeowner submits an application, NYS HAF will ask the homeowner to indicate that they have the ability to pay ongoing housing costs. At time of award, the applicant may meet this requirement via attestation.

    Arrears Satisfaction (AS) Eligibility Criteria

    Pathway Summary

    Homeowners who are delinquent on non-mortgage housing obligations which put them at risk of displacement of foreclosure, such as property taxes, insurances, water and sewer charges, homeowner association and/or maintenance fees, or chattel loans and/or retail installment contracts, may be eligible for the AS pathway.

    Eligible Delinquent Housing Obligations

    AS will pay for all eligible delinquent housing obligations necessary to bring an applicant current but not to exceed the NYS HAF Maximum Assistance Amount. Eligible delinquent housing obligations include:
    • Condominium association fees, HOA, and cooperative maintenance fees;
    • Delinquent property taxes (may also include water and sewage arrears) and other foreclosable municipal or county debts that form a lien on the property;
    • Chattel loans for manufactured homeowners
    For non-tax debts: Applicants must be delinquent (30 days or more past due) by at least one payment on an eligible housing obligation including payments that were part of a forbearance agreement or repayment plan. In order to be eligible, the debt must have come due prior to January 1, 2023 and remain unpaid. Water and sewer debts must be part of a collection lien by the foreclosing governmental unit. Fees, penalties, and costs that have accrued related to eligible delinquent amounts that are part of a collection lien are also eligible to be included in a NYS HAF award. The following exceptions apply:

    • If a homeowner has a pending foreclosure or court action on the debt that cannot be resolved unless all outstanding debt is paid, NYS HAF will pay the full amount necessary to stop the action.
    • If a homeowner only owes a 2021 government debt that has not been sent to collections yet, NYS HAF may pay for the 2021 debt.
    • Homeowners who are eligible for our Forward Payment plan may receive up to 6 months of 2022 housing costs. (See updates to our Forward Payment Program below).
    For tax debts: As of October 21, 2022, delinquent property taxes are those that came due prior to January 1, 2023, that remain unpaid.

    As of March 3, 2023, as a function of the Arrears Satisfaction (AS) pathway, NYS HAF will bring applicants with unpaid co-op, condo, and HOA arrears fully current up to the time of verification.

    How applicants may meet this requirement: NYS HAF contacts third party creditors to attempt to obtain verification of amounts due. Applicants may also show that they have an eligible delinquent housing obligation by providing documentation as shown below:

    IF YOU ARE… THEN PROVIDE…
    Delinquent on a MANUFACTURED HOME loan (ex: chattel loan or retail installment contract) or lot rent
    A letter from your lender showing your amount past due
    -OR-
    Copy of your rent-to-own or retail installment
    -OR-
    Lot rent statement showing past due amounts
    Note: Only past due amounts that meet the program’s delinquency requirements will be eligible.
    Copy of your rent-to-own or retail installment contract showing the amount you are past due.
    Delinquent on COOP, HOA, OR CONDO CHARGES A bill or statement from your co-op, condo association, HOA, or your management company, or third party representing the coop or condo showing your amount past due. Only past due amounts that meet the program’s delinquency requirements will be eligible.
    Delinquent on your PROPERTY TAXES (including sewer and water) Statement from your property tax collector showing the amount that is past due. Only past due amounts that meet the program’s delinquency requirements will be eligible.

    Ability to Pay Ongoing Housing Costs

    Eligible applicants must have the ability to pay their ongoing housing costs. Applicants who do not have the ability to pay their ongoing housing costs may be eligible for the Forward Payment Program. If the applicant is determined to be eligible for FP, they can then satisfy the ongoing ability requirement for AS.

    How applicants may meet this requirement: After the homeowner submits an application, NYS HAF will ask the homeowner to indicate that they have the ability to pay ongoing housing costs. At time of award, the applicant may meet this requirement via attestation.

    Delinquency to be Fully Resolved

    The eligible non-mortgage delinquency is to be resolved in its entirety without exceeding the NYS HAF Maximum Assistance Amount, with no remaining delinquent amount after NYS HAF assists, pursuant to U.S. Treasury guidance.

    How applicants may meet this requirement: NYS HAF verifies that the eligible delinquent amount will be resolved in its entirety with no remaining delinquent amount before making a final award to an eligible applicant. If assistance greater than the NYS HAF Maximum Assistance Amount is needed to resolve the delinquency, the homeowner may leverage AS assistance with other available funds, including personal financial resources or outside financial assistance. NYS HAF verifies that these other funds are available before making a final AS award.

    Forward Payment (FP) Eligibility Criteria

    Pathway Summary

    Forward Payment Assistance is available for either mortgage or non-mortgage housing costs. Applicants can receive either Non-Mortgage Forward Payments OR Mortgage Forward Payments, whichever is the greater of the two.

    For Non-Mortgage Forward Payments, homeowners are eligible for up to 6 months if the total amount of assistance for all eligible housing costs does not exceed $50k, which include condo/co-op fees, and HOA dues. As of August 31, 2022, water/sewer costs are no longer eligible for Non-Mortgage Forward Payments. Homeowners are eligible for Non-Mortgage Forward Payments if their monthly housing costs exceed 50% of gross monthly household income.

    For Mortgage Forward Payments, homeowners are eligible for 6 months of payments if the total amount of assistance for all eligible housing costs does not exceed $95k, they are severely cost-burdened (monthly housing expenses are greater than 50% of gross monthly household income) AND:

    • They are current on their mortgage payments, OR
    • They have been brought current under NYS HAF Mortgage Reinstatement/Principal Reduction program, provided that there are enough funds within the cap to cover at least 3 future payments.
    If you are eligible for Mortgage Forward Payments, NYS HAF will include up to six (6) months of mortgage assistance in your NYS HAF award. If you do not receive communication that includes Mortgage Forward Payments, then NYS HAF has determined that you are ineligible for this assistance. Please visit the Appeals section of the website for information on how to appeal a NYS HAF determination.

    Eligible Uses

    FP pays for up to 6 months of eligible housing obligations. Eligible housing obligations include:
    • Mortgage payments (including principal, interest, taxes, insurance and association dues);
    • Non-escrowed condominium association fees, HOA fee, and cooperative maintenance fees;
    • Chattel loans, rent-to-own, or retail installment contracts for manufactured homeowners.
    FP award amounts are calculated to pay for ongoing eligible housing obligations that come due over a period of 6 months.

    If the total awarded funds to the homeowner exceed the NYS HAF Maximum Assistance Amount when a 6-month FP award is included, NYS HAF may make a partial FP award up to the amount that causes the NYS HAF Maximum Assistance Amount to be reached.

    How applicants may meet this requirement: Applicants may show they have eligible housing obligations to be paid for by FA by providing the following:

    IF YOU... THEN PROVIDE…
    Make payments on a MANUFACTURED HOME loan (ex: chattel loan or retail installment contract) or lot rent A letter from your chattel lender showing your monthly payment amount
    -OR-
    Copy of your rent-to-own or retail installment contract showing your monthly payment amount
    -OR-
    Lot rent statement showing past due amounts
    Pay COOP, HOA, or CONDO CHARGES A bill or statement from your co-op, condo association, HOA, or management company showing your monthly payment amount
    Pay your MORTGAGE Mortgage statements

    Unemployed or Severely Cost-Burdened

    For Forward Payments, eligible applicants must be severely cost-burdened.

    Severely Cost-Burdened (DTI): the applicant’s monthly housing costs (mortgage payment and/or non-escrowed taxes, condo/co-op/HOA dues) exceed 50% of their gross monthly household income.

    Current or Brought Current on Housing Obligations

    Applicants must be current on their housing obligations or be brought current by the AS and/or MR/PR pathways in order to receive FP assistance. NYS HAF verifies that all outstanding delinquent eligible housing obligations reported by the applicant will be brought current before providing FP assistance.

    Inability to Make Ongoing Payments

    Eligible applicants must be unable to afford to pay their ongoing housing costs.

    How applicants may meet this requirement: After the homeowner submits an application, NYS HAF will attempt to resolve outstanding arrears and help the homeowner achieve an affordable housing situation. If the homeowner still cannot afford to pay ongoing housing costs after HAF intervenes, they will be asked to sign an attestation confirming the inability to pay housing costs.

    Application Process

    Application Portal

    Homeowners may apply to NYS HAF through the program’s electronic application portal. Qualified applicants will be asked to register with full name, an email address, and a phone number. Applicants must create a password, which will allow the applicant to save their application and return to it as needed.

    Assistance with Applying

    NYS HAF provides a range of assistance to applicants to help them successfully apply for the program:
    • The program’s Call Center staff are available to guide homeowners through the application submittal process over the phone.
    • Homeowners who would benefit from counseling or legal services will be referred to the a member of the New York State Homeowner Protection Program (HOPP), a network of housing counseling and legal services organizations who can provide homeowners with assistance applying through the portal.
    • Applicants may apply with the assistance of a Communication Designee (CD)(click to download). CDs may include a counselor, lawyer, family member, or other point of contact authorized by the applicant. Applicants with language needs, disabilities, or limited technology access or proficiency may apply through a CD.
    • An application template and a “Application Guide” will be available on the NYS HAF website in multiple languages prior to the opening of the Initial Application Period.
    • In exceptional circumstances, applicants may provide supporting documentation in physical format where the applicant is unable to submit electronically. Applications must be created via the portal, using the above methods of assistance if needed.

    Single Application Per Household

    NYS HAF only processes one application per household. Co-owners are not permitted to separately apply for NYS HAF.

    Application Phases Overview

    Phase No. Phase Phase Description
    1 Application Submission Application submitted online (or by phone through a NYS HAF Call Center proxy).
    2
  • Threshold Eligibility Determination
  • Verification of Threshold Eligibility Information Provided in the Application and Submission of Necessary Supplemental Information.
  • Identity
  • Qualified Financial Hardship
  • Household Size and Income
  • Primary Residence
  • Property Ownership
  • Eligible Property Type
  • Housing Payment Delinquency
  • 3 Secondary Eligibility Determination and Award Calculation MortgageMortgage Reinstatement/Principal Reduction Pathway:
  • Establishment of Delinquency Amounts
  • Conforming Loan Limit
  • Loss Mitigation Reviewed
  • Award Amount Determined
  • Ability to Pay Ongoing Housing Costs Confirmed

  • Non-Mortgage Arrears Satisfaction Pathway:
  • Establishment of Delinquency Amounts
  • Award Amount Determined
  • Ability to Pay Ongoing Housing Costs Confirmed

  • Forward Payment Pathway:
  • Unemployed benefits or exhaustion of unemployment benefits requirement satisfied, or severely cost-burdened threshold met
  • Award Amount Determined
  • Current or Brought Current on Housing Obligations
  • Inability to Pay Ongoing Housing Costs Confirmed
  • 4 Award Offer
  • Award Offer Issued if Eligible
  • 5 Recoverable Grant Promissory Note Execution
  • Execution of Recoverable Grant Promissory Note
  • 6 Award Issuance
  • Award disbursed by Program (ACH, wire, or printed check)
  • 7 Close Out
  • Confirmed Receipt of Payment
  • 8 Recoverable Grant Recorded and Serviced
  • Program files a UCC-1 security interest and facilitates repayments when applicable.
  • Reasonable Accommodation

    NYS HAF provides reasonable accommodation to applicants with disabilities and may make reasonable modifications to its policies, practices or procedures when necessary to avoid discrimination on the basis of disability and to ensure meaningful access to programs, benefits and facilities, except where the provision of an accommodation would fundamentally alter the nature of a NYS HAF service, program or activity. Applicants who assert that they have a disability may request a reasonable accommodation by contacting the NYS HAF Call Center at 1-844-77-NYHAF or by submitting a request to [email protected].

    Appeals

    Applicants receive communications indicating their Program eligibility and award amount, based on information available to NYS HAF. Any applicant with questions about their award or eligibility should contact the NYS HAF Call Center to discuss their eligibility for the program and award determination process.

    If the applicant disputes a NYS HAF eligibility determination or an award amount and wants a further review, applicants may submit a Request for Review by completing a Request for Review form and submitting it to [email protected]. Applicants must submit a Request for Review within 10 business days of the determination that is disputed, including a determination that an application is inactive due to unresponsiveness. The program reviews the Request for Review and provides the applicant with a response within 15 business days of receiving the Request for Review.

    If the applicant disagrees with the determination and wishes to appeal, the applicant must appeal within 10 business days of the determination on a Request for Review that is being disputed. The applicant must submit an Appeal form and any supporting documentation to [email protected]. The program reviews the Appeal and provides the applicant with a response within 15 business days. Appeal forms can be obtained by contacting the NYS HAF Call Center at 1-844-77-NYHAF.

    Withdrawals

    Applicants may voluntarily withdraw from the program by notifying the NYS HAF Call Center or their case manager. An applicant will also be considered unresponsive and their application made inactive due to lack of response if one of the following occurs:

    • NYS HAF has requested documentation or information from the applicant, attempted contact using three different methods of communication, sent a final communication requesting a response, and ten business days have elapsed since the first outreach attempt without a reply from the applicant;
    • A registration has been created, but has not resulted in a completed application within 30 days of submission, after three attempts at communicating.

    When an application is made inactive due to lack of response, the program will stop processing the application. If the applicant later becomes responsive, the program may reactivate the application and continue processing, if sufficient funding remains available.

    Fair Housing and Equal Opportunity

    Overview

    NYS HAF and the parties engaged in administering the program promote Fair Housing and Equal Opportunity and carry out their responsibilities pursuant to: Presidential Executive Order #11063 requiring equal opportunity in housing; New York State’s Human Rights Law; The Fair Housing Act of 1968 - Title VIII; and The Americans with Disabilities Act (ADA).

    No person shall, on the grounds of race, religion, color, national origin, sex, marital status, age, disability, military status, sexual orientation, gender identity or expression, lawful source of income or any other protected characteristic be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in this program.