Assembly Bill A3728

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

                                  3728

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Housing

AN  ACT  to  amend  the  private housing finance law, in relation to the
  aggregate annual income of low income persons or families eligible for
  accommodations in a company project

  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) 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
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] 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  fami-
lies  with three or more dependents, such ratio shall not exceed [eight]
NINE to one. The "probable aggregate  annual  income"  in  the  case  of
dwelling accommodations means the annual income of the chief wage earner
of the family, plus all other income of other members of the family over

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05287-01-5
              

A. 3728                             2

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
determined by the company as approved by the commissioner or the  super-
vising  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 fami-
ly 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  occu-
pant,  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  deter-
mining the income attributable to such occupant.
  S 2. This act shall take effect immediately.