S T A T E O F N E W Y O R K
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4947
2009-2010 Regular Sessions
I N A S S E M B L Y
February 10, 2009
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Introduced by M. of A. V. LOPEZ, LENTOL, MAYERSOHN -- read once and
referred to the Committee on Housing
AN ACT to amend the private housing finance law, in relation to the
eligibility of persons and families for occupancy of projects of
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) the
median income for such persons or families for the metropolitan statis-
tical area in which the project is located, or if a project is located
outside a metropolitan statistical area, the median income for such
persons or families for the county in which the project is located, as
most recently determined 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 fami-
lies with three or more dependents, such ratio shall not exceed [eight]
NINE to one. The "probable aggregate annual income" in the case of
dwelling accommodations means the annual income of the chief wage earner
of the family, plus all other income of other members of the family over
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08420-01-9
A. 4947 2
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
determined by the company as approved by the commissioner or the super-
vising 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 fami-
ly 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 occu-
pant, 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 deter-
mining the income attributable to such occupant.
S 2. This act shall take effect immediately.