Assembly Bill A10043

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10043
 
                           I N  A S S E M B L Y
 
                               March 8, 2018
                                ___________
 
 Introduced  by  M.  of  A.  DE LA ROSA  -- read once and referred to the
   Committee on Aging
 
 AN ACT to amend the administrative code of the  city  of  New  York,  in
   relation  to eligibility requirements for rent increase exemptions for
   persons with disabilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Subdivision d of section 26-601 of the administrative code
 of the city of New York, as amended by local law number 39 of  the  city
 of New York for the year 2014, is amended to read as follows:
   d.  "Eligible  head of the household" means (1) a person or his or her
 spouse who is sixty-two years of age or older, or (2) A PERSON,  HIS  OR
 HER SPOUSE OR HIS OR HER CHILD who qualifies as a person with a disabil-
 ity  pursuant  to  section 26-617 of this chapter and is entitled to the
 possession or to the use and occupancy of  a  dwelling  unit,  provided,
 however, that with respect to a dwelling which was subject to a mortgage
 insured  or  initially  insured  by  the  federal government pursuant to
 section two hundred thirteen of the national housing  act,  as  amended,
 "eligible  head  of the household" shall be limited to that person [or],
 his or her spouse OR HIS OR HER CHILD  IF  SUCH  CHILD  QUALIFIES  AS  A
 PERSON WITH A DISABILITY PURSUANT TO SECTION 26-617 OF THIS CHAPTER, who
 was  entitled  to  possession  or the use and occupancy of such dwelling
 unit at the time of termination of such mortgage, and whose income  when
 combined  with  the  income  of all other members of the household whose
 head of household is sixty-two years of age or  older  does  not  exceed
 twenty-five  thousand  dollars  beginning July first, two thousand five,
 twenty-six thousand dollars beginning  July  first,  two  thousand  six,
 twenty-seven  thousand dollars beginning July first, two thousand seven,
 twenty-eight thousand dollars beginning July first, two thousand  eight,
 twenty-nine  thousand  dollars  beginning July first, two thousand nine,
 and fifty thousand dollars beginning July first, two  thousand  fourteen
 for  the taxable period, or whose income for the current income tax year
 when combined with the income of all members of the  household  residing
 in  the  housing  accommodation  whose head of the household is a person
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD11251-01-7

 A. 10043                            2
 
 with a disability does not exceed fifty thousand dollars beginning  July
 first, two thousand fourteen.
   § 2. Subdivision d of section 26-601 of the administrative code of the
 city  of  New York, as separately amended by local law numbers 75 and 76
 of the city of New York for  the  year  2005,  is  amended  to  read  as
 follows:
   d.  "Eligible  head of the household" means (1) a person or his or her
 spouse who is sixty-two years of age or older, or (2) A PERSON,  HIS  OR
 HER SPOUSE OR HIS OR HER CHILD who qualifies as a person with a disabil-
 ity  pursuant  to  section 26-617 of this chapter and is entitled to the
 possession or to the use and occupancy of  a  dwelling  unit,  provided,
 however, that with respect to a dwelling which was subject to a mortgage
 insured  or  initially  insured  by  the  federal government pursuant to
 section two hundred thirteen of the national housing  act,  as  amended,
 "eligible  head  of the household" shall be limited to that person [or],
 his or her spouse OR HIS OR HER CHILD  IF  SUCH  CHILD  QUALIFIES  AS  A
 PERSON WITH A DISABILITY PURSUANT TO SECTION 26-617 OF THIS CHAPTER, who
 was  entitled  to  possession  or the use and occupancy of such dwelling
 unit at the time of termination of such mortgage, and whose income  when
 combined  with  the  income  of all other members of the household whose
 head of household is sixty-two years of age or  older  does  not  exceed
 twenty-five  thousand  dollars  beginning July first, two thousand five,
 twenty-six thousand dollars beginning  July  first,  two  thousand  six,
 twenty-seven  thousand dollars beginning July first, two thousand seven,
 twenty-eight thousand dollars beginning July first, two thousand  eight,
 and  twenty-nine  thousand  dollars  beginning  July first, two thousand
 nine, for the taxable period, or whose income for the current income tax
 year when combined with the income  of  all  members  of  the  household
 residing  in  the housing accommodation whose head of the household is a
 person with a disability does not exceed the maximum income above  which
 such head of the household would not be eligible to receive cash supple-
 mental security income benefits under federal law during such tax year.
   §  3. This act shall take effect immediately, provided that the amend-
 ments to subdivision d of section 26-601 of the administrative  code  of
 the city of New York made by section one of this act shall be subject to
 the  expiration  and reversion of such subdivision pursuant to section 5
 of local law number 19 of the city of New York for  the  year  2014,  as
 amended  when  upon  such date the provisions of section two of this act
 shall take effect.