SIZE OF DWELLING; RIGHT SIZING REQUIREMENT Sample Clauses

SIZE OF DWELLING; RIGHT SIZING REQUIREMENT. If at the time of conversion the Tenant is not in a unit appropriate for their family size pursuant to the New York City Housing Authority’s (“NYCHA”) Section 8 program occupancy standards, and does not have a reasonable accommodation or grievance granting permission to reside in that unit, the Tenant must move to an appropriate-sized unit. If a unit is not available in the Development, the Tenant may remain in their current unit until an appropriate- sized unit becomes available. When an appropriate-sized unit becomes available, the Tenant living in the unit not appropriately sized must either (1) move to the appropriate-sized unit within a reasonable period of time, as determined by NYCHA, but not upon less than thirty (30) days’ notice from the Owner and/or Managing Agent, or (2) request a transfer voucher to relocate outside of the Development. This requirement to right size applies whether the Tenant’s unit is on the PBV HAP Contract or the Owner is receiving a monthly housing assistance payment from NYCHA for the unit not appropriately sized. If the Owner is receiving a monthly housing assistance payment for the unit not appropriately sized, and the Tenant does not vacate this unit, NYCHA shall terminate the monthly housing assistance payment for the unit and the Tenant will cease to be a participant in NYCHA’s Section 8 Program and may be subject to eviction by the Owner and/or Managing Agent.
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