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

                                  1823

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sen. ESPAILLAT -- 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 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-

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

                                                           LBD01190-01-3

S. 1823                             2

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  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.