Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to housing, construction and community development |
Jan 21, 2009 |
referred to housing, construction and community development |
Senate Bill S892
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S892 (ACTIVE) - Details
- Current Committee:
- Senate Housing, Construction And Community Development
- Law Section:
- Private Housing Finance Law
- Laws Affected:
- Amd ยง31, Priv Hous Fin L
- Versions Introduced in 2011-2012 Legislative Session:
-
S2083
2009-S892 (ACTIVE) - Summary
Redefines "income" for purposes of computing the rental surcharge levied against tenants of a limited-profit housing company (Mitchell-Lama) to mean the total income as reported in the New York state income tax return, less such personal exemptions and deductions for medical expenses as are actually taken by the taxpayer.
2009-S892 (ACTIVE) - Sponsor Memo
BILL NUMBER: S892 TITLE OF BILL : An act to amend the private housing finance law, in relation to computation of the rental surcharge paid by tenants of limited-profit housing companies SUMMARY : This bill would amend subdivision 3 of Section 31 of the Private Housing Finance Law by adding a provision to the "surcharge clause" stating that the definition of income used for computing the surcharge for 1974 and after be the definition of income in subdivision 29 of Section 2 of this chapter. It is further stated that for the 1974 surcharge for 1973 income, based on the new definition as intended by the law, be used. If the amount of the rental surcharge previously levied exceeds the surcharge as recomputed, the difference will be reimbursed to the tenant. JUSTIFICATION : The New York City Department of Housing Preservation and Development by arbitrary administrative decision in implementing L. 1974, Ch. 728 which changed the definition of income, charged residents of city supervised Mitchell-Lama higher surcharges than similarly-situated residents of City-supervised housing. The State Division of Housing and Community Renewal has refused to give administrative relief in
2009-S892 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 892 2009-2010 Regular Sessions I N S E N A T E January 21, 2009 ___________ Introduced by Sen. KRUGER -- 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 private housing finance law, in relation to computa- tion of the rental surcharge paid by tenants of limited-profit housing companies THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 31 of the private housing finance law, as amended by chapter 778 of the laws of 1971, is amended to read as follows: 3. In the event that the income of a person or family in occupancy should increase and exceed the maximum prescribed by law for admission or for continued occupancy, based on the latest existing rent, by more than twenty-five per centum, such person or family shall be subject to removal from the dwelling, non-housekeeping, aged care accommodations or non-housekeeping accommodations for handicapped persons provided, howev- er, that such person or family may be permitted to remain in occupancy until such income exceeds the maximum prescribed by law by more than fifty per centum, if the company, with the approval of the commissioner or the supervising agency, shall determine that removal would cause hardship to such person or family. Any person or family in occupancy whose income exceeds the maximum prescribed by law shall pay a rental surcharge in accordance with a schedule of surcharges to be promulgated by the company with the approval of the commissioner or the supervising agency, as the case may be, provided, however, such rental surcharge shall in no event exceed fifty per centum of the existing rent AND PROVIDED FURTHER, HOWEVER, THE DEFINITION OF INCOME FOR THE PURPOSES OF COMPUTING A RENTAL SURCHARGE FOR ANY PART OF NINETEEN HUNDRED SEVENTY-FOUR AND THEREAFTER SHALL BE THE DEFINITION SET FORTH IN SUBDI- VISION TWENTY-NINE OF SECTION TWO OF THIS CHAPTER. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06432-01-9
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