Bill Text: NY S03357 | 2019-2020 | General Assembly | Introduced
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 3-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S03357 Detail]
Download: New_York-2019-S03357-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3357 2019-2020 Regular Sessions IN SENATE February 6, 2019 ___________ Introduced by Sen. JACKSON -- 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 [of5the 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. LBD00751-01-9S. 3357 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.
