S T A T E O F N E W Y O R K
________________________________________________________________________
833
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. DINOWITZ, V. LOPEZ -- Multi-Sponsored by -- M. of
A. PHEFFER -- read once and referred to the Committee on Housing
AN ACT to amend the public housing law and the private housing finance
law, in relation to defining probable aggregate annual income
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The closing paragraph of subdivision 1 of section 156 of
the public housing law, as amended by chapter 893 of the laws of 1974,
is amended to read as follows:
The "probable aggregate annual income" means the annual NET income [of
the chief wage earner of the family] AFTER FEDERAL, STATE AND MUNICIPAL
INCOME TAXES ARE DEDUCTED FROM THE GROSS INCOME OF THE CHIEF WAGE EARNER
plus all other income of other members of the family over the age of
twenty-one years, plus a proportion of the income of members under the
age of twenty-one years to be determined by the authority solely for the
purpose of establishing rent to be paid except that the authority 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 rental of such
family, or for all such purposes, subject to approval by the commission-
er with respect to state projects.
S 2. Paragraph (a) of subdivision 2 of section 31 of the private hous-
ing 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02743-01-9
A. 833 2
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 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 to one. The "prob-
able aggregate annual income" in the case of dwelling accommodations
means the annual NET income [of the chief wage earner of the family]
AFTER FEDERAL, STATE AND MUNICIPAL INCOME TAXES ARE DEDUCTED FROM THE
GROSS INCOME OF THE CHIEF WAGE EARNER, plus all other income of other
members of the family over the age of twenty-one years, plus a propor-
tion 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 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 super-
vising 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 regu-
lations 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 3. Subdivision 5 of section 85-a of the private housing finance law,
as amended by chapter 182 of the laws of 1997, is amended to read as
follows:
5. The "probable aggregate annual income" means the annual NET income
[of the chief wage earner of the family] AFTER FEDERAL, STATE AND MUNIC-
IPAL INCOME TAXES ARE DEDUCTED FROM THE GROSS INCOME OF THE CHIEF WAGE
EARNER plus all other income of members of the family over the age of
twenty-one years, plus a proportion of the income of members under the
age of twenty-one years to be determined by the commissioner, 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, 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 admis-
sion or continued occupancy, or for establishing the rental of such
family, or for all such purposes.
S 4. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.