S T A T E   O F   N E W   Y O R K
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                                  4971

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 9, 2011
                               ___________

Introduced  by M. of A. MAYERSOHN, V. LOPEZ -- read once and referred to
  the Committee on Housing

AN ACT to amend the private housing finance law, in relation to  persons
  and  families  eligible for dwellings in mutual and non-mutual housing
  company projects

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Paragraphs (c) and (d) of subdivision 1 of section 85-a of
the private housing finance law, as amended by chapter 301 of  the  laws
of 1983, are amended to read as follows:
  (c)  In  the event that the income of a person or family residing in a
project increases and the ratio to the rental of  the  dwelling  becomes
greater  than  prescribed  by  law for admission or in this subdivision,
whichever is greater, and the income is not more than fifty  per  centum
above  the  income  so prescribed for admission to the dwelling and such
increased income continues for a period of three  months  or  more,  the
housing  company  may permit such person or family to continue to remain
in occupancy provided the housing company is convinced that such  person
or family cannot secure other safe and sanitary dwelling accommodations,
or  by  reason  of other facts the removal of such person or family from
the project would occasion other undue hardship to such person or  fami-
ly.  However,  such  person  or  family  shall pay a rental surcharge in
accordance with a schedule of surcharges promulgated by the company with
the approval of the commissioner and in no event shall such  removal  be
effected  against  any  person or family which was in occupancy prior to
July first, [nineteen hundred eighty-three] TWO THOUSAND ELEVEN;
  (d) In the event that the ratio of the income of a person or family to
the rental of the dwelling becomes greater than that prescribed  by  law
for  admission or in this subdivision, whichever is greater, and is more
than fifty per centum above the income so prescribed  for  admission  to
the  dwelling  and such increased income continues for a period of three

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08582-01-1
              

A. 4971                             2

months, the housing company shall  require  such  person  or  family  to
remove  from  the  dwelling  and  may take such steps, including summary
proceedings, as are necessary to effect the removal  of  the  person  or
family.  A  three months' period shall be given such person or family to
find new accommodations. Pending removal from the dwelling, such  person
or  family  shall  pay  a rental surcharge in accordance with a schedule
promulgated by the company with the approval of the commissioner. In  no
event shall a removal otherwise authorized by this paragraph be effected
against any person or family which was in occupancy prior to July first,
[nineteen hundred eighty-three] TWO THOUSAND ELEVEN.
  S  2.  Paragraph  (d)  of subdivision 2 of section 85-a of the private
housing finance law, as amended by chapter 301 of the laws of  1983,  is
amended to read as follows:
  (d)  No  occupant  whose income increases shall be compelled to vacate
the project unless the ratio of his income to  rental  of  the  dwelling
becomes greater by fifty per centum or more than is prescribed by law at
the  time of admission or in this subdivision, whichever is greater, and
unless at the same time he shall be discharged from all liability on any
note, bond or other evidence of indebtedness relating thereto, and there
shall be repaid to such person by the housing company all sums  paid  to
such company for or on account of the purchase of stock or income deben-
tures  as  a  condition of such occupancy. The housing company may, with
the approval of the commissioner,  permit  such  occupant  whose  income
increases  and  the  ratio  of  income to rental of the dwelling becomes
greater by fifty per centum or more than is prescribed  by  law  at  the
time of admission or in this subdivision, whichever is greater, to occu-
py  the  dwelling  for  not  more  than  three  years from the time such
increase in income first accrues unless such occupancy is extended  with
the  approval of the commissioner. In no event shall a removal otherwise
authorized by this paragraph be effected against any  person  or  family
which  has  been  in  occupancy  prior  to July first, [nineteen hundred
eighty-three] TWO THOUSAND ELEVEN.  However, such occupant shall  pay  a
rental surcharge in accordance with a schedule of surcharges promulgated
by the company with the approval of the commissioner.
  S 3. This act shall take effect immediately.