2021 New York Laws
PVH - Private Housing Finance
Article 5 - Redevelopment Companies
126 - Reduced Rentals for the Elderly.

§  126.  Reduced  rentals  for  the  elderly.  (a)  For the purpose of
enabling lower income elderly persons to continue in  occupancy  without
paying  rentals  in  excess  of  a  fair proportion of their income, any
municipality having a population of less than one million is  authorized
to  make  and  to  contract to make periodic payments to a redevelopment
company in an amount not exceeding the difference between  the  rent  or
carrying charges for the dwellings occupied by such lower income persons
and  one-third of their net probable aggregate annual income, where such
rent or carrying charges exceed such one-third of income; provided  that
the  aggregate amount of periodic payments to be made in accordance with
contracts entered into  by  the  municipality  during  any  fiscal  year
thereof   pursuant   to   this  section,  subdivision  nine  of  section
thirty-one, subdivision seven of section eighty-five-a, and section five
hundred seventy-seven-a of this chapter shall not exceed  the  aggregate
amount  of  all  real  property taxes paid or payable during such fiscal
year by all companies organized pursuant to this  article,  article  II,
article  IV,  and article XI of this chapter and the aggregate estimated
receipts  of  all  such  companies  in  such  fiscal  year  from  rental
surcharges collected or to be collected pursuant to this chapter.

(b) Such payments shall be made only where the contract between the municipality and the company pursuant to section one hundred fourteen imposes income limitations on admission and on continued occupancy and requires the payment of surcharges to the municipality by over-income occupants.

(c) Such payments shall be made only on account of a person or family in occupancy where the head of the household is sixty-two years of age or older and is not a recipient of public assistance pursuant to the social services law, and where the net probable aggregate annual income of the person or family in occupancy does not exceed six thousand five hundred dollars a year. Notwithstanding the provisions of subdivision twenty-nine of section two of this chapter, net probable aggregate annual income shall mean the annual income of family members from all sources after deductions of federal, state and city income taxes; provided that any municipality may provide that increases in benefits under the social security act which take effect after such person or family has assumed occupancy shall not be taken into account.

(d) A company having a contract with the municipality pursuant to this subdivision may not collect from persons or families in occupancy on whose account such payments are made any rentals in excess of the amounts specified in such contract.

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