S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2017
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2021
                                ___________
 
 Introduced  by  Sens. JACKSON, BIAGGI, SALAZAR -- 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:
   C. 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 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 commissioner with respect to state projects.
   § 2. Paragraph (a) of subdivision 2 of section 31 of the private hous-
 ing  finance  law,  as  amended  by section 1 of subpart G of part XX of
 chapter 55 of the laws of 2020, 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.
              

                                                            LBD02261-01-1

 S. 2017                             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)
 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 families with three
 or  more dependents, such ratio shall not exceed nine to one. Persons or
 families with two or less dependents eligible for admission or continued
 occupancy pursuant to subparagraph (ii) of this  paragraph  or  subpara-
 graph  (ii) of this paragraph prior to the effective date of [a] chapter
 726 of the laws of two thousand nineteen [that amended subparagraph (ii)
 of this paragraph], shall pay a rental surcharge computed on  the  basis
 of  an  income  limitation  of  seven times the rental and families with
 three or more dependents eligible for admission or  continued  occupancy
 pursuant  to subparagraph (ii) of this paragraph or subparagraph (ii) of
 this paragraph prior to the effective date of [a]  chapter  726  of  the
 laws  of  two  thousand nineteen [that amended subparagraph (ii) of this
 paragraph], shall pay a rental surcharge computed on  the  basis  of  an
 income  limitation  of  eight times the cost of the rental, including in
 each instance the value or cost to the  persons  or  families  of  heat,
 light,  water  and  cooking  fuel,  of  the  dwellings furnished to such
 persons or families.
   The "probable aggregate annual income" in the case of dwelling  accom-
 modations  means  the annual NET income [of the chief wage earner of the
 family] AFTER FEDERAL, STATE AND MUNICIPAL 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

 S. 2017                             3
 
 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.