Common use of SIZE OF DWELLING Clause in Contracts

SIZE OF DWELLING. If the Tenant is in an under-occupied unit pursuant to the New York City Housing Authority’s (“NYCHA”) Section 8 program occupancy standards at the time of conversion, and does not have a reasonable accommodation or grievance, the Tenant must move to the 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 under-occupied unit 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. If the Tenant does not vacate the under-occupied unit for the appropriate-sized unit, NYCHA shall terminate the monthly housing assistance payment for the under-occupied unit.

SIZE OF DWELLING. If the Tenant is in an under-occupied unit pursuant to the New York City Housing Authority’s (“NYCHA”) Section 8 program occupancy standards at the time of conversion, and does not have a reasonable accommodation or grievance, the Tenant must move to the appropriate-sized unit. If a unit is not available in the Development, the tenant 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 under-occupied unit 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. If the Tenant does not vacate the under-occupied unit for the appropriate-sized unit, NYCHA shall terminate the monthly housing assistance payment for the under-occupied unit.