S T A T E   O F   N E W   Y O R K
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                                  3118

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 9, 2011
                               ___________

Introduced by Sen. ESPAILLAT -- 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 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:
  The "probable aggregate annual income" means the annual NET income [of
the chief wage earner of the family] AFTER FEDERAL, STATE AND  MUNICIPAL
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 commission-
er with respect to state projects.
  S 2. Paragraph (a) of subdivision 2 of section 31 of the private hous-
ing 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)  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04382-01-1
              

S. 3118                             2

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)
seven 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 to one. The "prob-
able  aggregate  annual  income"  in the case of dwelling accommodations
means the annual NET income [of the chief wage  earner  of  the  family]
AFTER  FEDERAL,  STATE  AND MUNICIPAL 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 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.
  S 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
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.
  S 4.  This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.