Senate Bill S892

2009-2010 Legislative Session

Limits the definition of "income" in computing rental surcharges levied against tenants of a limited-profit housing company

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Sponsored By

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

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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

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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