S T A T E O F N E W Y O R K
________________________________________________________________________
3109
2019-2020 Regular Sessions
I N A S S E M B L Y
January 28, 2019
___________
Introduced by M. of A. BARNWELL -- Multi-Sponsored by -- M. of A.
ARROYO, AUBRY, BARRON, BICHOTTE, COLTON, COOK, DE LA ROSA, DILAN,
HYNDMAN, JAFFEE, JOYNER, M. G. MILLER, MOSLEY, PICHARDO, QUART, RICH-
ARDSON, RIVERA, RODRIGUEZ, SEAWRIGHT, SIMOTAS, TAYLOR, VANEL, WEPRIN,
WRIGHT -- read once and referred to the Committee on Housing
AN ACT to amend the real property tax law, in relation to requiring
affordable housing projects to calculate and only use the area median
income for the specific zip code that the project is located in for
determining affordability
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 421-a of the real property tax law
is amended by adding a new paragraph e to read as follows:
E. "AREA MEDIAN INCOME (AMI)." WHENEVER CALCULATING THE AFFORDABILITY
OF A PROJECT, AMI SHALL BE BASED SOLELY ON THE SPECIFIC ZIP CODE WHERE
THE PROJECT SHALL BE LOCATED.
§ 2. All affordable housing projects, including, but not limited to,
421-a projects, shall only use the area median income (AMI) for the
specific zip code that the project is located in for determining afford-
ability. However, for any affordable housing project in the five coun-
ties that make up New York City, including, but not limited to a 421-a
project, that is being located in a zip code where the AMI for that
specific zip code is higher than the New York City Region AMI, as
defined by HUD, the AMI for the affordability project, including, but
not limited to a 421-a project, will be the AMI that HUD has determined
to be the New York City Region AMI.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02209-01-9