S T A T E   O F   N E W   Y O R K
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                                  2490

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 19, 2011
                               ___________

Introduced  by  M. of A. V. LOPEZ, BROOK-KRASNY, WRIGHT, SPANO, ROBINSON
  -- Multi-Sponsored by -- M. of A. GLICK, GOTTFRIED, MILLMAN, ROSENTHAL
  -- read once and referred to the Committee on Housing

AN ACT to amend the private housing finance  law,  in  relation  to  the
  aggregate annual income of low income persons or families eligible for
  accommodations in a company project

  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04996-01-1
              

A. 2490                             2

of the family, 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
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 on the sixtieth  day  after  it  shall
have become a law.