S T A T E O F N E W Y O R K
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4153
2009-2010 Regular Sessions
I N A S S E M B L Y
January 30, 2009
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Introduced by M. of A. CYMBROWITZ, COLTON -- Multi-Sponsored by -- M. of
A. PHEFFER, ROBINSON -- read once and referred to the Committee on
Housing
AN ACT to amend the private housing finance law, in relation to
selection of tenants by limited-profit housing companies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 2 of section 31 of the private
housing finance law, as amended by chapter 260 of the laws of 1996, is
amended to read as follows:
(a) The dwelling or non-housekeeping accommodations without board in a
company project shall be available for persons or families of low income
whose probable aggregate annual income at the time of admission and
during the period of occupancy does not exceed, the greater of (i) ONE
HUNDRED TWENTY PERCENT OF the median income for such persons or families
for the metropolitan statistical area in which the project is located,
or if a project is located outside a metropolitan statistical area, ONE
HUNDRED TWENTY PERCENT OF the median income for such persons or families
for the county in which the project is located, as most recently deter-
mined by the United States department of housing and urban development,
in which case any person or family becoming eligible for admission
pursuant to this subparagraph shall pay, from the time of admission, a
rental surcharge as provided for in subdivision three of this section,
computed on the basis of the income limitations applicable to such
persons or families in the absence of this subparagraph, or (ii) [seven]
EIGHT times the rental, including the value or cost to them of heat,
light, water and cooking fuel, of the dwellings that may be furnished to
such persons or families, except that in the case of families with three
or more dependents, such ratio shall not exceed [eight] NINE to one. The
"probable aggregate annual income" in the case of dwelling accommo-
dations means the annual income of the chief wage earner of the family,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07510-01-9
A. 4153 2
plus all other income of other members of the family over the age of
twenty-one years, plus a proportion of income of gainfully employed
members under the age of twenty-one years, the proportion to be deter-
mined by the company as approved by the commissioner or the supervising
agency, as the case may be, excluding therefrom a deduction of fifteen
thousand dollars from the income of secondary wage earners of the family
or a larger deduction if approved by the commissioner or the supervising
agency, as the case may be, except that the company, as approved by the
commissioner or the supervising agency, as the case may be, may exclude
a proportion of the income of other members of the family over the age
of twenty-one years for the purpose of determining eligibility for
admission or continued occupancy, or for establishing the rental of such
family, or for all such purposes; in the case of such non-housekeeping
accommodations it means the annual income of the occupant, provided that
the commissioner or supervising agency, as the case may be, may make
rules and regulations relative to the allocation of the income of a
family among the members thereof for the purpose of determining the
income attributable to such occupant.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.