S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   206

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Housing, Construction  and
  Community Development

AN  ACT  to  amend  the  private housing finance law, in relation to the
  definition of "probable aggregate income"

  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 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 income of the chief wage earner of the family, plus all

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD03111-01-9

S. 206                              2

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  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, AND EXCLUDING THEREFROM THE COST OF TUITION,
BOOKS,  ROOM AND BOARD, IF ANY, NOT EXCEEDING THE SUM OF FIFTEEN HUNDRED
DOLLARS FOR EACH DEPENDENT CHILD WHO IS OR HAS BEEN A FULL TIME  STUDENT
DURING  FIVE  MONTHS  OF  THE CALENDAR YEAR AT ANY INSTITUTION OF HIGHER
EDUCATION, RECOGNIZED AND APPROVED BY THE REGENTS OF THE  UNIVERSITY  OF
THE  STATE  OF  NEW  YORK OR BY A SIMILAR BODY OF ANY OTHER STATE, WHICH
PROVIDES A COURSE OF STUDY LEADING TO THE GRANTING OF  A  POST-SECONDARY
DEGREE  OR DIPLOMA OR AT ANY BUSINESS, TRADE, TECHNICAL OR OTHER OCCUPA-
TIONAL SCHOOL APPROVED AS SUCH BY THE REGENTS OF THE UNIVERSITY  OF  THE
STATE  OF  NEW YORK OR ACCREDITED BY A NATIONALLY RECOGNIZED ACCREDITING
AGENCY OR ASSOCIATION ACCEPTED AS SUCH BY THE REGENTS OF  THE  STATE  OF
NEW  YORK,  AND 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  accommo-
dations  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. 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  income  of
the  chief wage earner of the family 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, AND EXCLUDING THEREFROM THE COST OF TUITION,
BOOKS,  ROOM AND BOARD, IF ANY, NOT EXCEEDING THE SUM OF FIFTEEN HUNDRED
DOLLARS FOR EACH DEPENDENT CHILD WHO IS OR HAS BEEN A FULL TIME  STUDENT
DURING  FIVE  MONTHS  OF  THE CALENDAR YEAR AT ANY INSTITUTION OF HIGHER
EDUCATION, RECOGNIZED AND APPROVED BY THE REGENTS OF THE  UNIVERSITY  OF
THE  STATE  OF  NEW  YORK OR BY A SIMILAR BODY OF ANY OTHER STATE, WHICH
PROVIDES A COURSE OF STUDY LEADING TO THE GRANTING OF  A  POST-SECONDARY
DEGREE  OR DIPLOMA OR AT ANY BUSINESS, TRADE, TECHNICAL OR OTHER OCCUPA-
TIONAL SCHOOL APPROVED AS SUCH BY THE REGENTS OF THE UNIVERSITY  OF  THE
STATE  OF  NEW YORK OR ACCREDITED BY A NATIONALLY RECOGNIZED ACCREDITING
AGENCY OR ASSOCIATION ACCEPTED AS SUCH BY THE REGENTS OF  THE  STATE  OF
NEW  YORK, 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 admission or continued occupancy, or for establishing the rental  of
such family, or for all such purposes.

S. 206                              3

  S  3. Paragraph a of subdivision 3 of section 401 of the private hous-
ing finance law, as amended by chapter  44  of  the  laws  of  1976,  is
amended to read as follows:
  a. The term "persons or families of low income" shall mean "persons of
low  income"  or  "families  of low income" as defined in section two of
this chapter, whose probable aggregate annual income during  the  period
of  occupancy  does not exceed six times the rental (including the value
or cost to them of heat, light, water  and  cooking  fuel)  of  dwelling
units  occupied  by such persons or families in existing multiple dwell-
ings aided by a loan pursuant to this article, except that in  the  case
of  persons  or families with three or more dependents, such ratio shall
not exceed seven to one, and except further that the income  limitations
prescribed  by  this  paragraph  shall  be  subject to the provisions of
subdivision two of section four hundred three of this article.
  In calculating annual income,  social  security  payments  and  income
received from private pension funds by any person sixty-two years of age
or  more  shall be excluded up to a total maximum amount of seventy-five
dollars per month, AND PROVIDED THAT SUCH ANNUAL INCOME SHALL BE FURTHER
REDUCED BY EXCLUDING THEREFROM THE COST  OF  TUITION,  BOOKS,  ROOM  AND
BOARD, IF ANY, NOT EXCEEDING THE SUM OF FIFTEEN HUNDRED DOLLARS FOR EACH
DEPENDENT  CHILD  WHO  IS  OR  HAS  BEEN A FULL TIME STUDENT DURING FIVE
MONTHS OF THE CALENDAR YEAR AT  ANY  INSTITUTION  OF  HIGHER  EDUCATION,
RECOGNIZED AND APPROVED BY THE REGENTS OF THE UNIVERSITY OF THE STATE OF
NEW  YORK  OR  BY  A  SIMILAR  BODY OF ANY OTHER STATE, WHICH PROVIDES A
COURSE OF STUDY LEADING TO THE GRANTING OF A  POST-SECONDARY  DEGREE  OR
DIPLOMA  OR  AT  ANY  BUSINESS,  TRADE,  TECHNICAL OR OTHER OCCUPATIONAL
SCHOOL APPROVED AS SUCH BY THE REGENTS OF THE UNIVERSITY OF THE STATE OF
NEW YORK OR ACCREDITED BY A NATIONALLY RECOGNIZED ACCREDITING AGENCY  OR
ASSOCIATION  ACCEPTED  AS  SUCH BY THE REGENTS OF THE STATE OF NEW YORK.
The term "probable aggregate annual income" means the annual  income  of
the  chief  wage  earner  of  the family, 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 agency.  The agency 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 commencement of occupancy or continued occupancy, or for  establish-
ing rental of such family, or for all such purposes.
  S  4.  This  act  shall  take  effect  on  the first of September next
succeeding the date on which it shall have become a law.