S T A T E O F N E W Y O R K
________________________________________________________________________
892
2009-2010 Regular Sessions
I N S E N A T E
January 21, 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 computa-
tion of the rental surcharge paid by tenants 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. Subdivision 3 of section 31 of the private housing finance
law, as amended by chapter 778 of the laws of 1971, is amended to read
as follows:
3. In the event that the income of a person or family in occupancy
should increase and exceed the maximum prescribed by law for admission
or for continued occupancy, based on the latest existing rent, by more
than twenty-five per centum, such person or family shall be subject to
removal from the dwelling, non-housekeeping, aged care accommodations or
non-housekeeping accommodations for handicapped persons provided, howev-
er, that such person or family may be permitted to remain in occupancy
until such income exceeds the maximum prescribed by law by more than
fifty per centum, if the company, with the approval of the commissioner
or the supervising agency, shall determine that removal would cause
hardship to such person or family. Any person or family in occupancy
whose income exceeds the maximum prescribed by law shall pay a rental
surcharge in accordance with a schedule of surcharges to be promulgated
by the company with the approval of the commissioner or the supervising
agency, as the case may be, provided, however, such rental surcharge
shall in no event exceed fifty per centum of the existing rent AND
PROVIDED FURTHER, HOWEVER, THE DEFINITION OF INCOME FOR THE PURPOSES OF
COMPUTING A RENTAL SURCHARGE FOR ANY PART OF NINETEEN HUNDRED
SEVENTY-FOUR AND THEREAFTER SHALL BE THE DEFINITION SET FORTH IN SUBDI-
VISION TWENTY-NINE OF SECTION TWO OF THIS CHAPTER.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06432-01-9
S. 892 2
S 2. Notwithstanding any other provision of law to the contrary, any
rental surcharge levied for any part of 1974 pursuant to subdivision 3
of section 31 of the private housing finance law shall be recomputed
based on the tenant's 1973 income and, for purposes of this recomputa-
tion, income shall be as defined by subdivision 29 of section 2 of the
private housing finance law. If the amount of the rental surcharge
previously levied exceeds the surcharge as recomputed, the difference
shall be reimbursed to the tenant.
S 3. This act shall take effect immediately.