Bill Text: NY S04968 | 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 2-0)

Status: (Introduced) 2024-01-03 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S04968 Detail]

Download: New_York-2023-S04968-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4968

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 17, 2023
                                       ___________

        Introduced  by Sens. JACKSON, 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:

     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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01005-01-3
        S. 4968                             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  eight 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 nine to one. Persons or
    13  families with two or less dependents eligible for admission or continued
    14  occupancy pursuant to subparagraph (ii) of this  paragraph  or  subpara-
    15  graph  (ii) of this paragraph prior to the effective date of [a] chapter
    16  726 of the laws of two thousand nineteen [that amended subparagraph (ii)
    17  of this paragraph], shall pay a rental surcharge computed on  the  basis
    18  of  an  income  limitation  of  seven times the rental and families with
    19  three or more dependents eligible for admission or  continued  occupancy
    20  pursuant  to subparagraph (ii) of this paragraph or subparagraph (ii) of
    21  this paragraph prior to the effective date of [a]  chapter  726  of  the
    22  laws  of  two  thousand nineteen [that amended subparagraph (ii) of this
    23  paragraph], shall pay a rental surcharge computed on  the  basis  of  an
    24  income  limitation  of  eight times the cost of the rental, including in
    25  each instance the value or cost to the  persons  or  families  of  heat,
    26  light,  water  and  cooking  fuel,  of  the  dwellings furnished to such
    27  persons or families.
    28    The "probable aggregate annual income" in the case of dwelling  accom-
    29  modations  means  the annual net income [of the chief wage earner of the
    30  family] after federal, state and municipal taxes are deducted  from  the
    31  gross  income  of  the chief wage earner, plus all other income of other
    32  members of the family over the age of twenty-one years, plus  a  propor-
    33  tion of income of gainfully employed members under the age of twenty-one
    34  years, the proportion to be determined by the company as approved by the
    35  commissioner  or  the  supervising agency, as the case may be, excluding
    36  therefrom a deduction of fifteen thousand dollars  from  the  income  of
    37  secondary  wage  earners of the family or a larger deduction if approved
    38  by the commissioner or the supervising  agency,  as  the  case  may  be,
    39  except  that  the company, as approved by the commissioner or the super-
    40  vising agency, as the case may be,  may  exclude  a  proportion  of  the
    41  income  of  other members of the family over the age of twenty-one years
    42  for the purpose of determining eligibility for  admission  or  continued
    43  occupancy,  or  for  establishing  the rental of such family, or for all
    44  such purposes; in the case of such  non-housekeeping  accommodations  it
    45  means  the annual income of the occupant, provided that the commissioner
    46  or supervising agency, as the case may be,  may  make  rules  and  regu-
    47  lations  relative  to the allocation of the income of a family among the
    48  members thereof for the purpose of determining the  income  attributable
    49  to such occupant.
    50    § 3. Subdivision 5 of section 85-a of the private housing finance law,
    51  as  amended  by  chapter  182 of the laws of 1997, is amended to read as
    52  follows:
    53    5. The "probable aggregate annual income" means the annual net  income
    54  [of the chief wage earner of the family] after federal, state and munic-
    55  ipal  income  taxes are deducted from the gross income of the chief wage
    56  earner plus all other income of members of the family over  the  age  of
        S. 4968                             3

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