Assembly Bill A3274

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3274
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Housing
 
 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:
   C.  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 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 commissioner with respect to state projects.
   § 2. Paragraph (a) of subdivision 2 of section 31 of the private hous-
 ing finance law, as amended by section 1 of subpart  G  of  part  XX  of
 chapter 55 of the laws of 2020, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02261-01-1

 A. 3274                             2
 
 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
 726 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 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 726 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 limitation 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 NET income [of the chief wage earner  of  the
 family]  AFTER  FEDERAL, STATE AND MUNICIPAL 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.
   § 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

 A. 3274                             3
 
 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.
   § 4.  This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.