S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6949
 
                             I N  S E N A T E
 
                              January 6, 2020
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the private housing finance law, in relation to  persons
   and  families  in  company  projects  who are required to pay a rental
   surcharge
 
   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 a chapter of the laws of 2019, amend-
 ing  the  private  housing  finance law relating to the aggregate annual
 income of low income persons or families eligible for accommodations  in
 a  company  project, as proposed in legislative bills numbers S.4133 and
 A.5350, 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)
 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 families with three
 or  more dependents, such ratio shall not exceed nine to one. PERSONS OR
 FAMILIES WITH TWO OR LESS DEPENDENTS ELIGIBLE FOR ADMISSION OR CONTINUED
 OCCUPANCY PURSUANT TO SUBPARAGRAPH (II) OF THIS  PARAGRAPH  OR  SUBPARA-
 GRAPH (II) OF THIS PARAGRAPH PRIOR TO THE EFFECTIVE DATE OF A CHAPTER OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
 S                                                          LBD09545-02-9

 S. 6949                             2
 
 THE LAWS OF TWO THOUSAND NINETEEN THAT AMENDED SUBPARAGRAPH (II) OF THIS
 PARAGRAPH,  SHALL  PAY  A  RENTAL  SURCHARGE COMPUTED ON THE BASIS OF AN
 INCOME LIMITATION OF SEVEN TIMES THE RENTAL AND FAMILIES WITH  THREE  OR
 MORE  DEPENDENTS  ELIGIBLE FOR ADMISSION OR CONTINUED OCCUPANCY PURSUANT
 TO SUBPARAGRAPH (II) OF THIS PARAGRAPH  OR  SUBPARAGRAPH  (II)  OF  THIS
 PARAGRAPH  PRIOR  TO  THE EFFECTIVE DATE OF A CHAPTER OF THE LAWS OF TWO
 THOUSAND NINETEEN THAT AMENDED  SUBPARAGRAPH  (II)  OF  THIS  PARAGRAPH,
 SHALL  PAY A RENTAL SURCHARGE COMPUTED ON THE BASIS OF AN INCOME LIMITA-
 TION OF EIGHT TIMES THE COST OF THE RENTAL, INCLUDING IN  EACH  INSTANCE
 THE  VALUE  OR COST TO THE PERSONS OR FAMILIES OF HEAT, LIGHT, WATER AND
 COOKING FUEL, OF THE DWELLINGS FURNISHED TO SUCH PERSONS OR FAMILIES.
   The "probable aggregate annual income" in the case of dwelling  accom-
 modations  means the annual income of the chief wage earner of the fami-
 ly, 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 deter-
 mined 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 supervising 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 regulations 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.
   § 2. This act shall take effect on the  same  date  and  in  the  same
 manner  as  a  chapter of the laws of 2019, amending the private housing
 finance law relating to  the  aggregate  annual  income  of  low  income
 persons or families eligible for accommodations in a company project, as
 proposed in legislative bills numbers S.4133 and A.5350, takes effect.