S T A T E   O F   N E W   Y O R K
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                                   4133
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2019
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09545-01-9

 S. 4133                             2
 
 of the family, 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
 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.
   § 2. This act shall take effect immediately.