Redefines "income" for purposes of computing the rental surcharge levied against tenants of a limited-profit housing company (Mitchell-Lama) to mean the total income as reported in the New York state income tax return, less such personal exemptions and deductions for medical expenses as are actually taken by the taxpayer.
STATE OF NEW YORK
________________________________________________________________________
2083
2011-2012 Regular Sessions
IN SENATE
January 18, 2011
___________
Introduced by Sen. KRUGER -- 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 computa-
tion of the rental surcharge paid by tenants of limited-profit housing
companies
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 31 of the private housing finance
2 law, as amended by chapter 778 of the laws of 1971, is amended to read
3 as follows:
4 3. In the event that the income of a person or family in occupancy
5 should increase and exceed the maximum prescribed by law for admission
6 or for continued occupancy, based on the latest existing rent, by more
7 than twenty-five per centum, such person or family shall be subject to
8 removal from the dwelling, non-housekeeping, aged care accommodations or
9 non-housekeeping accommodations for handicapped persons provided, howev-
10 er, that such person or family may be permitted to remain in occupancy
11 until such income exceeds the maximum prescribed by law by more than
12 fifty per centum, if the company, with the approval of the commissioner
13 or the supervising agency, shall determine that removal would cause
14 hardship to such person or family. Any person or family in occupancy
15 whose income exceeds the maximum prescribed by law shall pay a rental
16 surcharge in accordance with a schedule of surcharges to be promulgated
17 by the company with the approval of the commissioner or the supervising
18 agency, as the case may be, provided, however, such rental surcharge
19 shall in no event exceed fifty per centum of the existing rent and
20 provided further, however, the definition of income for the purposes of
21 computing a rental surcharge for any part of nineteen hundred seventy-
22 four and thereafter shall be the definition set forth in subdivision
23 twenty-nine of section two of this chapter.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07160-01-1
S. 2083 2
1 § 2. Notwithstanding any other provision of law to the contrary, any
2 rental surcharge levied for any part of 1974 pursuant to subdivision 3
3 of section 31 of the private housing finance law shall be recomputed
4 based on the tenant's 1973 income and, for purposes of this recomputa-
5 tion, income shall be as defined by subdivision 29 of section 2 of the
6 private housing finance law. If the amount of the rental surcharge
7 previously levied exceeds the surcharge as recomputed, the difference
8 shall be reimbursed to the tenant.
9 § 3. This act shall take effect immediately.
