Bill Text: NY A02179 | 2023-2024 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to housing [A02179 Detail]

Download: New_York-2023-A02179-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2179

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 23, 2023
                                       ___________

        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Housing

        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    c.  The "probable aggregate annual income" means the annual net income
     5  [of the chief wage earner of the family] after federal, state and munic-
     6  ipal income taxes are deducted from the gross income of the  chief  wage
     7  earner  plus  all other   income of other members of the family over the
     8  age of twenty-one years, plus a proportion  of  the  income  of  members
     9  under  the  age  of  twenty-one  years to be determined by the authority
    10  solely for the purpose of establishing rent to be paid except  that  the
    11  authority may exclude a proportion of the income of other members of the
    12  family  over  the age of twenty-one years for the purpose of determining
    13  eligibility for admission or continued occupancy,  or  for  establishing
    14  rental  of such family, or for all such purposes, subject to approval by
    15  the commissioner 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 section 1 of subpart  G  of  part  XX  of
    18  chapter 55 of the laws of 2020, is 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
    25  outside  a  metropolitan  statistical  area,  the median income for such

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01005-01-3
        A. 2179                             2

     1  persons or families for the county in which the project is  located,  as
     2  most  recently determined by the United States department of housing and
     3  urban development, in which case any person or family becoming  eligible
     4  for  admission pursuant to this subparagraph shall pay, from the time of
     5  admission, a rental surcharge as provided for in  subdivision  three  of
     6  this section, computed on the basis of the income limitations applicable
     7  to such persons or families in the absence of this subparagraph, or (ii)
     8  eight  times  the  rental,  including the value or cost to them of heat,
     9  light, water and cooking fuel, of the dwellings that may be furnished to
    10  such persons or families, except that in the case of families with three
    11  or more dependents, such ratio shall not exceed nine to one. Persons  or
    12  families with two or less dependents eligible for admission or continued
    13  occupancy  pursuant  to  subparagraph (ii) of this paragraph or subpara-
    14  graph (ii) of this paragraph prior to the effective date of [a]  chapter
    15  726 of the laws of two thousand nineteen [that amended subparagraph (ii)
    16  of  this  paragraph], shall pay a rental surcharge computed on the basis
    17  of an income limitation of seven times  the  rental  and  families  with
    18  three  or  more dependents eligible for admission or continued occupancy
    19  pursuant to subparagraph (ii) of this paragraph or subparagraph (ii)  of
    20  this  paragraph  prior  to  the effective date of [a] chapter 726 of the
    21  laws of two thousand nineteen [that amended subparagraph  (ii)  of  this
    22  paragraph],  shall  pay  a  rental surcharge computed on the basis of an
    23  income limitation of eight times the cost of the  rental,  including  in
    24  each  instance  the  value  or  cost to the persons or families of heat,
    25  light, water and cooking  fuel,  of  the  dwellings  furnished  to  such
    26  persons or families.
    27    The  "probable aggregate annual income" in the case of dwelling accom-
    28  modations means the annual net income [of the chief wage earner  of  the
    29  family]  after  federal, state and municipal taxes are deducted from the
    30  gross income of the chief wage earner, plus all other  income  of  other
    31  members  of  the family over the age of twenty-one years, plus a propor-
    32  tion of income of gainfully employed members under the age of twenty-one
    33  years, the proportion to be determined by the company as approved by the
    34  commissioner or the supervising agency, as the case  may  be,  excluding
    35  therefrom  a  deduction  of  fifteen thousand dollars from the income of
    36  secondary wage earners of the family or a larger deduction  if  approved
    37  by  the  commissioner  or  the  supervising  agency, as the case may be,
    38  except that the company, as approved by the commissioner or  the  super-
    39  vising  agency,  as  the  case  may  be, may exclude a proportion of the
    40  income of other members of the family over the age of  twenty-one  years
    41  for  the  purpose  of determining eligibility for admission or continued
    42  occupancy, or for establishing the rental of such  family,  or  for  all
    43  such  purposes;  in  the case of such non-housekeeping accommodations it
    44  means the annual income of the occupant, provided that the  commissioner
    45  or  supervising  agency,  as  the  case may be, may make rules and regu-
    46  lations relative to the allocation of the income of a family  among  the
    47  members  thereof  for the purpose of determining the income attributable
    48  to such occupant.
    49    § 3. Subdivision 5 of section 85-a of the private housing finance law,
    50  as amended by chapter 182 of the laws of 1997, is  amended  to  read  as
    51  follows:
    52    5.  The "probable aggregate annual income" means the annual net income
    53  [of the chief wage earner of the family] after federal, state and munic-
    54  ipal income taxes are deducted from the gross income of the  chief  wage
    55  earner  plus  all  other income of members of the family over the age of
    56  twenty-one years, plus a proportion of the income of members  under  the
        A. 2179                             3

     1  age  of twenty-one years to be determined by the commissioner, excluding
     2  therefrom a deduction of fifteen thousand dollars  from  the  income  of
     3  secondary  wage  earners of the family or a larger deduction if approved
     4  by  the  commissioner  or  the  supervising  agency, as the case may be,
     5  except that the company, as approved by the commissioner, may exclude  a
     6  proportion  of the income of other members of the family over the age of
     7  twenty-one years for the purpose of determining eligibility  for  admis-
     8  sion  or  continued  occupancy,  or  for establishing the rental of such
     9  family, or for all such purposes.
    10    § 4.  This act shall take effect on the first of January next succeed-
    11  ing the date on which it shall have become a law.