Amd S156, Pub Hous L; amd SS31 & 85-a, Priv Hous Fin L
Defines "probable aggregate annual income" for purposes of determining eligibility for limited profit and limited dividend housing companies, as the annual net income after federal, state and municipal income taxes are deducted from gross income of the chief wage earner.
STATE OF NEW YORK
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3118
2011-2012 Regular Sessions
IN SENATE
February 9, 2011
___________
Introduced by Sen. ESPAILLAT -- 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:
1 Section 1. The closing paragraph of subdivision 1 of section 156 of
2 the public housing law, as amended by chapter 893 of the laws of 1974,
3 is amended to read as follows:
4 The "probable aggregate annual income" means the annual net income [of
5 the chief wage earner of the family] after federal, state and municipal
6 income taxes are deducted from the gross income of the chief wage earner
7 plus all other income of other members of the family over the age of
8 twenty-one years, plus a proportion of the income of members under the
9 age of twenty-one years to be determined by the authority solely for the
10 purpose of establishing rent to be paid except that the authority may
11 exclude a proportion of the income of other members of the family over
12 the age of twenty-one years for the purpose of determining eligibility
13 for admission or continued occupancy, or for establishing rental of such
14 family, or for all such purposes, subject to approval by the commission-
15 er with respect to state projects.
16 § 2. Paragraph (a) of subdivision 2 of section 31 of the private hous-
17 ing finance law, as amended by chapter 260 of the laws of 1996, is
18 amended to read as follows:
19 (a) The dwelling or non-housekeeping accommodations without board in a
20 company project shall be available for persons or families of low income
21 whose probable aggregate annual income at the time of admission and
22 during the period of occupancy does not exceed, the greater of (i) the
23 median income for such persons or families for the metropolitan statis-
24 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.
LBD04382-01-1
S. 3118 2
1 outside a metropolitan statistical area, the median income for such
2 persons or families for the county in which the project is located, as
3 most recently determined by the United States department of housing and
4 urban development, in which case any person or family becoming eligible
5 for admission pursuant to this subparagraph shall pay, from the time of
6 admission, a rental surcharge as provided for in subdivision three of
7 this section, computed on the basis of the income limitations applicable
8 to such persons or families in the absence of this subparagraph, or (ii)
9 seven times the rental, including the value or cost to them of heat,
10 light, water and cooking fuel, of the dwellings that may be furnished to
11 such persons or families, except that in the case of families with three
12 or more dependents, such ratio shall not exceed eight to one. The "prob-
13 able aggregate annual income" in the case of dwelling accommodations
14 means the annual net income [of the chief wage earner of the family]
15 after federal, state and municipal income taxes are deducted from the
16 gross income of the chief wage earner, plus all other income of other
17 members of the family over the age of twenty-one years, plus a propor-
18 tion of income of gainfully employed members under the age of twenty-one
19 years, the proportion to be determined by the company as approved by the
20 commissioner or the supervising agency, as the case may be, excluding
21 therefrom a deduction of fifteen thousand dollars from the income of
22 secondary wage earners of the family or a larger deduction if approved
23 by the commissioner or the supervising agency, as the case may be,
24 except that the company, as approved by the commissioner or the super-
25 vising agency, as the case may be, may exclude a proportion of the
26 income of other members of the family over the age of twenty-one years
27 for the purpose of determining eligibility for admission or continued
28 occupancy, or for establishing the rental of such family, or for all
29 such purposes; in the case of such non-housekeeping accommodations it
30 means the annual income of the occupant, provided that the commissioner
31 or supervising agency, as the case may be, may make rules and regu-
32 lations relative to the allocation of the income of a family among the
33 members thereof for the purpose of determining the income attributable
34 to such occupant.
35 § 3. Subdivision 5 of section 85-a of the private housing finance law,
36 as amended by chapter 182 of the laws of 1997, is amended to read as
37 follows:
38 5. The "probable aggregate annual income" means the annual net income
39 [of the chief wage earner of the family] after federal, state and munic-
40 ipal income taxes are deducted from the gross income of the chief wage
41 earner plus all other income of members of the family over the age of
42 twenty-one years, plus a proportion of the income of members under the
43 age of twenty-one years to be determined by the commissioner, excluding
44 therefrom a deduction of fifteen thousand dollars from the income of
45 secondary wage earners of the family or a larger deduction if approved
46 by the commissioner or the supervising agency, as the case may be,
47 except that the company, as approved by the commissioner, may exclude a
48 proportion of the income of other members of the family over the age of
49 twenty-one years for the purpose of determining eligibility for admis-
50 sion or continued occupancy, or for establishing the rental of such
51 family, or for all such purposes.
52 § 4. This act shall take effect on the first of January next succeed-
53 ing the date on which it shall have become a law.
