S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3247
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Housing
 
 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.
   § 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
 outside a metropolitan statistical area,  the  median  income  for  such

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

                                                            LBD00751-01-9

 A. 3247                             2
 
 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.
   § 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.
   § 4.  This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.