S T A T E   O F   N E W   Y O R K
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                                  4153

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2009
                               ___________

Introduced by M. of A. CYMBROWITZ, COLTON -- Multi-Sponsored by -- M. of
  A.  PHEFFER,  ROBINSON  --  read once and referred to the Committee on
  Housing

AN ACT to  amend  the  private  housing  finance  law,  in  relation  to
  selection of tenants by limited-profit housing companies

  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 chapter 260 of the laws of  1996,  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)  ONE
HUNDRED TWENTY PERCENT OF the median income for such persons or families
for  the  metropolitan statistical area in which the project is located,
or if a project is located outside a metropolitan statistical area,  ONE
HUNDRED TWENTY PERCENT OF the median income for such persons or families
for  the county in which the project is located, as most recently deter-
mined 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) [seven]
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 [eight] NINE to one. The
"probable aggregate annual income" in  the  case  of  dwelling  accommo-
dations  means the annual income of the chief wage earner of the family,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07510-01-9
              

A. 4153                             2

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.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.