LBD05900-01-9
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HUNDRED THOUSAND SENIORS HAVE WAITED FOR SEVEN YEARS OR MORE ON AN
AFFORDABLE HOUSING WAITLIST.
THE LEGISLATURE FURTHER FINDS THAT CITYWIDE, ALMOST TWO-THIRDS OF ALL
SENIOR RENTER HOUSEHOLDS ARE AMONG THE LOWEST INCOME HOUSEHOLDS IN THE
CITY, EARNING LESS THAN FIFTY PERCENT OF AREA MEDIAN INCOME. ACCORDING-
LY, THE LEGISLATURE FINDS THAT LEGISLATION SHOULD BE ENACTED TO CREATE
THE ELDER RENTAL ASSISTANCE PROGRAM, WHICH WILL PROVIDE MONTHLY FINAN-
CIAL ASSISTANCE TO RENT-BURDENED SENIORS SO THEY CAN LIVE IN DIGNITY IN
THEIR OWN HOMES. THIS PROGRAM WILL BE FINANCED THROUGH A MARGINAL TAX ON
REAL ESTATE TRANSACTIONS OVER TWO MILLION DOLLARS.
§ 931. DEFINITIONS. AS USED IN THIS ARTICLE:
1. "ELDERLY FAMILY" SHALL MEAN A FAMILY, AS DEFINED IN 24 C.F.R §
5.403, WHOSE HEAD (INCLUDING CO-HEAD), SPOUSE, OR SOLE MEMBER IS A
PERSON WHO IS AT LEAST SIXTY-TWO YEARS OF AGE. IT MAY INCLUDE TWO OR
MORE PERSONS WHO ARE AT LEAST SIXTY-TWO YEARS OF AGE LIVING TOGETHER, OR
ONE OR MORE PERSONS WHO ARE AT LEAST SIXTY-TWO YEARS OF AGE LIVING WITH
ONE OR MORE LIVE-IN AIDES, AS DEFINED IN 24 C.F.R § 5.403, AND SHALL
INCORPORATE ANY AMENDMENTS MADE TO THIS DEFINITION IN 24 C.F.R § 5.403.
2. "LOW INCOME FAMILIES" SHALL MEAN THOSE FAMILIES WHOSE INCOMES DO
NOT EXCEED EIGHTY PER CENTUM OF THE MEDIAN INCOME FOR THE NEW YORK
METROPOLITAN STATISTICAL AREA, AS DETERMINED BY THE SECRETARY OF THE
FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WITH ADJUSTMENTS FOR
SMALLER AND LARGER FAMILIES.
§ 932. ELDER RENTAL ASSISTANCE PROGRAM. 1. SUBJECT TO THE AVAILABILITY
OF FUNDS GENERATED BY THE TAXES DESCRIBED IN SUBDIVISION G OF SECTION
11-2102 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, THE HOUSING
ASSISTANCE CORPORATION, ESTABLISHED BY SECTION SIX HUNDRED FIFTY-FOUR-B
OF THIS CHAPTER, SHALL PROVIDE RENTAL ASSISTANCE TO OR ON BEHALF OF
LOW-INCOME FAMILIES WHOSE MEMBERS CONSTITUTE AN ELDERLY FAMILY, WHO ARE
RESIDENTS OF THE CITY OF NEW YORK, AND WHO PAY MORE THAN THIRTY PERCENT
OF THEIR MONTHLY ADJUSTED INCOME AS RENT AS CALCULATED PURSUANT TO 42
U.S.C § 1437A(A)(1)(A). THE AMOUNT OF RENTAL ASSISTANCE PROVIDED TO OR
ON BEHALF OF EACH SUCH FAMILY PURSUANT TO THIS SUBDIVISION SHALL BE AN
AMOUNT UP TO THE DIFFERENCE BETWEEN (I) A RENT ESTABLISHED BY THE
DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT ON AN ANNUAL BASIS
NOT TO EXCEED THE MAXIMUM MONTHLY RENT PRESCRIBED IN 42 U.S.C.
§1437F(C)(1), OR SUCH LOWER RENT AS MAY BE REQUIRED BY APPLICABLE LAW,
OR AS ORDERED PURSUANT TO SECTION FOUR HUNDRED SIXTY-SEVEN-B OR FOUR
HUNDRED SIXTY-SEVEN-C OF THE REAL PROPERTY TAX LAW, IF APPLICABLE AND
(II) THIRTY PERCENT OF EACH SUCH FAMILY'S MONTHLY ADJUSTED INCOME AS
CALCULATED PURSUANT TO 42 U.S.C. §1437A(A)(1)(A).
2. TO THE EXTENT A PERSON OR ENTITY RECEIVES ANY SUCH RENTAL ASSIST-
ANCE ON BEHALF OF A PARTICULAR ELDERLY FAMILY, SUCH PERSON OR ENTITY
SHALL CREDIT SUCH ASSISTANCE AGAINST THE RENT OF SUCH FAMILY ON A MONTH-
LY BASIS.
3. THE RENTAL ASSISTANCE PROVIDED PURSUANT TO SUBDIVISION ONE OF THIS
SECTION SHALL CONTINUE UPON THE DEATH OR PERMANENT DEPARTURE OF A MEMBER
OF AN ELDERLY FAMILY WHO WAS AT LEAST SIXTY-TWO YEARS OF AGE, INCLUDING
THE HEAD OF SUCH FAMILY (INCLUDING CO-HEAD) OR HIS OR HER SPOUSE,
PROVIDED THAT SUCH ELDERLY FAMILY IS OTHERWISE ELIGIBLE FOR SUCH RENTAL
ASSISTANCE AND A MEMBER OF SUCH ELDERLY FAMILY WHO IS AT LEAST SIXTY-TWO
YEARS OF AGE HAS RESIDED IN THE DWELLING UNIT RECEIVING SUCH RENTAL
ASSISTANCE FOR AT LEAST ONE HUNDRED EIGHTY DAYS IMMEDIATELY PRECEDING
SUCH DEATH OR PERMANENT DEPARTURE.
4. THE RENTAL ASSISTANCE AUTHORIZED BY SUBDIVISION ONE OF THIS SECTION
MAY BE PROVIDED EITHER AS TENANT-BASED OR AS BUILDING-BASED ASSISTANCE.
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SUCH ASSISTANCE MAY BE USED IN CONJUNCTION WITH ANY GOVERNMENTAL PROGRAM
OR PROJECT TO DEVELOP OR PRESERVE HOUSING.
5. A PERSON WHO HAS OBTAINED A RENT INCREASE EXEMPTION ORDER GRANTED
PURSUANT TO SECTION FOUR HUNDRED SIXTY-SEVEN-B OR FOUR HUNDRED SIXTY-
SEVEN-C OF THE REAL PROPERTY TAX LAW MAY ALSO BE ELIGIBLE TO RECEIVE
RENTAL ASSISTANCE PURSUANT TO SUBDIVISION ONE OF THIS SECTION IF SUCH
PERSON IS A MEMBER OF AN ELDERLY FAMILY THAT IS OTHERWISE ELIGIBLE FOR
SUCH ASSISTANCE.
§ 933. GENERAL AND ADMINISTRATIVE PROVISIONS. 1. THE HOUSING ASSIST-
ANCE CORPORATION AND THE DEPARTMENT OF HOUSING PRESERVATION AND DEVELOP-
MENT SHALL HAVE THE AUTHORITY TO INCUR REASONABLE COSTS FOR ADMINIS-
TRATION OF THE PROGRAM AUTHORIZED BY SECTION NINE HUNDRED THIRTY-TWO OF
THIS ARTICLE PROVIDED THAT NO MORE THAN FIVE PERCENT OF THE TAXES
COLLECTED PURSUANT TO SUBDIVISION G OF SECTION 11-2102 OF THE ADMINIS-
TRATIVE CODE OF THE CITY OF NEW YORK SHALL BE USED FOR SUCH COSTS.
2. THE HOUSING ASSISTANCE CORPORATION AND THE DEPARTMENT OF HOUSING
PRESERVATION AND DEVELOPMENT SHALL HAVE THE AUTHORITY TO PROMULGATE SUCH
RULES AS ARE NECESSARY TO CARRY OUT THE PROVISIONS OF SECTION NINE
HUNDRED THIRTY-TWO OF THIS ARTICLE.
§ 3. Section 11-2102 of the administrative code of the city of New
York is amended by adding three new subdivisions g, h and i to read as
follows:
G. IN ADDITION TO THE TAXES IMPOSED BY SUBDIVISIONS A AND B OF THIS
SECTION, THERE IS HEREBY IMPOSED A TAX ON EACH DEED OR OTHER INSTRUMENT
OR TRANSACTION CONVEYING OR TRANSFERRING RESIDENTIAL REAL PROPERTY OR AN
ECONOMIC INTEREST THEREIN, AT THE TIME OF DELIVERY BY A GRANTOR TO A
GRANTEE, WHEN THE CONSIDERATION FOR SUCH PROPERTY AND ANY IMPROVEMENT
THEREON (WHETHER OR NOT IT IS INCLUDED IN THE SAME DEED) IS GREATER THAN
TWO MILLION DOLLARS, OR AT THE TIME OF THE TRANSFER OF SUCH ECONOMIC
INTEREST BY A GRANTOR TO A GRANTEE, WHERE THE CONSIDERATION FOR SUCH
ECONOMIC INTEREST IS GREATER THAN TWO MILLION DOLLARS. EXCEPT AS OTHER-
WISE PROVIDED IN THIS SECTION, ALL THE PROVISIONS OF THIS CHAPTER RELAT-
ING TO OR APPLICABLE TO THE ADMINISTRATION, COLLECTION AND DETERMINATION
OF THE TAX IMPOSED BY SUBDIVISIONS A AND B OF THIS SECTION SHALL APPLY
TO THE TAX IMPOSED BY THIS SUBDIVISION WITH SUCH MODIFICATIONS AS MAY BE
NECESSARY TO ADAPT SUCH LANGUAGE TO THE TAX SO IMPOSED. FOR PURPOSES OF
THIS SECTION, "RESIDENTIAL REAL PROPERTY" SHALL INCLUDE ANY PREMISES
THAT ARE OR MAY BE USED IN WHOLE OR IN PART AS A PERSONAL RESIDENCE, AND
SHALL INCLUDE A ONE, TWO OR THREE-FAMILY HOUSE, AN INDIVIDUAL RESIDEN-
TIAL CONDOMINIUM UNIT, OR AN INDIVIDUAL RESIDENTIAL COOPERATIVE APART-
MENT. SUCH TAX SHALL BE AT THE RATE OF TWO AND ONE-HALF PERCENT OF THE
CONSIDERATION IN EXCESS OF TWO MILLION DOLLARS.
H. FOR PURPOSES OF THIS SECTION, THE DETERMINATION OF WHETHER A
CONVEYANCE OR TRANSFER SHALL BE SUBJECT TO THE TAXES IMPOSED BY SUBDIVI-
SIONS A, B AND G OF THIS SECTION, AND OF THE RATE OF SUCH TAXES, SHALL
BE MADE PRIOR TO THE APPLICATION OF SUBDIVISION F OF THIS SECTION AND
PARAGRAPH EIGHT OF SUBDIVISION B OF SECTION 11-2106 OF THIS CHAPTER,
PROVIDED, HOWEVER, THAT THE AMOUNT OF CONSIDERATION SUBJECT TO SUCH
TAXES SHALL BE DETERMINED AFTER THE APPLICATION OF SUBDIVISION F OF THIS
SECTION AND PARAGRAPH EIGHT OF SUBDIVISION B OF SECTION 11-2106 OF THIS
CHAPTER.
I. ANY TAX COLLECTED PURSUANT TO SUBDIVISION G OF THIS SECTION SHALL
BE USED EXCLUSIVELY FOR THE PROVISION OF RENTAL ASSISTANCE TO LOW-INCOME
FAMILIES WHOSE MEMBERS CONSTITUTE AN ELDERLY FAMILY, AS DESCRIBED IN
SUBDIVISION NINE OF SECTION SIX HUNDRED FIFTY-FOUR-B OF THE PRIVATE
HOUSING FINANCE LAW. FOR PURPOSES OF THIS SUBDIVISION, "LOW-INCOME FAMI-
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LIES" AND "ELDERLY FAMILY" SHALL HAVE THE SAME MEANING AS PROVIDED IN
SECTION NINE HUNDRED THIRTY-ONE OF THE PRIVATE HOUSING FINANCE LAW.
§ 4. Section 11-2104 of the administrative code of the city of New
York, as added by local law number 71 of the city of New York for the
year 1986, subdivision 4 as amended by local law number 59 of the city
of New York for the year 1989, subdivisions 5 and 6 as amended and
subdivision 7 as added by chapter 170 of the laws of 1994, is amended to
read as follows:
§ 11-2104 Payment. The tax imposed [hereunder] PURSUANT TO SUBDIVI-
SIONS A AND B OF SECTION 11-2102 OF THIS CHAPTER shall be paid by the
grantor to the commissioner of finance at the office of the register in
the county where the deed is or would be recorded within thirty days
after the delivery of the deed by the grantor to the grantee but before
the recording of such deed, or, in the case of a tax on the transfer of
an economic interest in real property, at such place as the commissioner
of finance shall designate, within thirty days after the transfer. The
grantee shall also be liable for the payment of such tax in the event
that the amount of tax due is not paid by the grantor or the grantor is
exempt from tax. THE TAX IMPOSED PURSUANT TO SUBDIVISION G OF SECTION
11-2102 OF THIS CHAPTER SHALL BE PAID BY THE GRANTEE TO THE COMMISSIONER
OF FINANCE AT THE OFFICE OF THE REGISTER IN THE COUNTY WHERE THE DEED IS
OR WOULD BE RECORDED WITHIN THIRTY DAYS AFTER THE DELIVERY OF THE DEED
BY THE GRANTOR TO THE GRANTEE BUT BEFORE THE RECORDING OF SUCH DEED, OR,
IN THE CASE OF A TAX ON THE TRANSFER OF AN ECONOMIC INTEREST IN REAL
PROPERTY, AT SUCH PLACE AS THE COMMISSIONER OF FINANCE SHALL DESIGNATE,
WITHIN THIRTY DAYS AFTER THE TRANSFER. THE GRANTOR SHALL ALSO BE LIABLE
FOR THE PAYMENT OF THE TAX IMPOSED PURSUANT TO SUBDIVISION G OF SECTION
11-2102 OF THIS CHAPTER IN THE EVENT THAT THE AMOUNT OF TAX DUE IS NOT
PAID BY THE GRANTEE OR THE GRANTEE IS EXEMPT FROM PAYMENT OF THE TAX.
All moneys received as such payments by the register during the preced-
ing month shall be transmitted to the commissioner of finance on the
first day of each month or on such other day as is mutually agreeable to
the commissioner of finance and the register.
A. From the moneys so received by him or her PURSUANT TO SUBDIVISIONS
A AND B OF SECTION 11-2102 OF THIS CHAPTER, the commissioner of finance
shall set said in a special account:
(1) the total amount of taxes imposed pursuant to the provisions of
paragraph three of subdivision a of section 11-2102 of this chapter
including any interest or penalties thereon;
(2) fifty percent of the total amount of taxes imposed pursuant to the
provisions of paragraph four of subdivision a of section 11-2102 of this
chapter, including fifty percent of any interest or penalties thereon,
provided, however, that where such tax is measured by the consideration
for a conveyance without deduction for the amount of any mortgage or
other lien or encumbrance on the real property or interest therein which
existed before the delivery of the deed and remains thereon after the
delivery of the deed, the entire amount of tax imposed at the rate of
one percent on the portion of the consideration ascribable to such
nondeductible mortgage, lien or other encumbrance, including any inter-
est or penalties thereon, and fifty percent of the tax on the balance of
the consideration, including fifty percent of any interest or penalties
thereon, shall be set aside in such special account;
(3) fifty percent of the total amount of taxes imposed pursuant to the
provisions of subparagraph (iii) of paragraph seven of subdivision a of
section 11-2102 of this chapter, including fifty percent of any interest
or penalties thereon;
S. 4402 5
(4) fifty percent of the total amount of taxes imposed pursuant to the
provisions of paragraph eight of subdivision a of section 11-2102 of
this chapter, including fifty percent of any interest or penalties ther-
eon;
(5) fifty percent of the total amount of taxes imposed at the rate of
two percent pursuant to the provisions of clause (ii) of subparagraph A
of paragraph one of subdivision b of section 11-2102 of this chapter
including fifty percent of any interest or penalties thereon;
(6) with respect to any conveyance of real property, transfer of an
economic interest therein, or any grant, assignment or surrender of a
leasehold interest in real property, made on or after August first,
nineteen hundred eighty-nine and taxable under this chapter, in each
instance where the tax rate is in excess of two percent, a portion of
the tax received equal to one percent of the consideration subject to
the tax plus any interest or penalty attributable to such portion of the
tax; and
(7) notwithstanding anything in [subdivision] PARAGRAPH six OF THIS
SUBDIVISION to the contrary, in each instance where the tax rate imposed
pursuant to subdivision e of section 11-2102 of this chapter is in
excess of one percent, a portion of the tax received equal to one-half
of one percent of the total consideration for the real property or
economic interest therein conveyed or transferred, plus any interest or
penalty attributable to such portion of the tax.
Moneys in such account shall be used for payment by such commissioner
to the state comptroller for deposit in the urban mass transit operating
assistance account of the mass transportation operating assistance fund
of any amount of insufficiency certified by the state comptroller pursu-
ant to the provisions of subdivision six of section [eight-eight-a]
EIGHTY-EIGHT-A of the state finance law, and, on the fifteenth day of
each month, the commissioner of finance shall transmit all funds in such
account on the last day of the preceding month, except the amount
required for the payment of any amount of insufficiency certified by the
state comptroller and such amount as he or she deems necessary for
refunds and such other amounts necessary to finance the New York City
transportation disabled committee and the New York City paratransit
system as established by section fifteen-b of the transportation law,
provided, however, that such amounts shall not exceed six percent of the
total funds in the account but in no event be less than one hundred
seventy-five thousand dollars beginning April first, nineteen hundred
eighty-six, and further that beginning November fifteenth, nineteen
hundred eighty-four and during the entire period prior to operation of
such system, the total of such amounts shall not exceed three hundred
seventy-five thousand dollars for the administrative expenses of such
committee and fifty thousand dollars for the expenses of the agency
designated pursuant to paragraph b of subdivision five of such section,
and other amounts necessary to finance the operating needs of the
private bus companies franchised by the city of New York and eligible to
receive state operating assistance under section eighteen-b of the
transportation law, provided, however, that such amounts shall not
exceed four percent of the total funds in the account, to the New York
city transit authority for mass transit within the city.
B. THE MONEYS RECEIVED BY THE COMMISSIONER OF FINANCE PURSUANT TO
SUBDIVISION G OF SECTION 11-2102 OF THIS CHAPTER SHALL BE HELD FOR THE
BENEFIT OF THE HOUSING ASSISTANCE CORPORATION FOR THE PROVISION OF
RENTAL ASSISTANCE TO LOW-INCOME FAMILIES WHOSE MEMBERS CONSTITUTE AN
ELDERLY FAMILY IN ACCORDANCE WITH SUBDIVISION I OF SUCH SECTION, AND
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PAID TO THE HOUSING ASSISTANCE CORPORATION, IN THE SAME FISCAL YEAR OR
AS SOON AS PRACTICABLE THEREAFTER, FOR THE PURPOSES DESCRIBED IN SUCH
SUBDIVISION I. SUCH MONEYS SHALL BE USED TO SUPPLEMENT, RATHER THAN
SUPPLANT, LOCAL FUNDS THAT SUCH CITY WOULD HAVE EXPENDED FOR THE
PROVISION OF RENTAL ASSISTANCE TO LOW-INCOME FAMILIES WHOSE MEMBERS
CONSTITUTE AN ELDERLY FAMILY. FOR PURPOSES OF THIS SUBDIVISION, "LOW-IN-
COME FAMILIES" AND "ELDERLY FAMILY" SHALL HAVE THE SAME MEANING AS
PROVIDED IN SECTION NINE HUNDRED THIRTY-ONE OF THE PRIVATE HOUSING
FINANCE LAW.
§ 5. This act shall take effect on the ninetieth day after it shall
have become a law.