N.Y. Public Housing Law § 211: Definitions

§ 211. Definitions. As used in this article the following terms shall

mean:

1. The term "existing multiple dwelling" shall mean any multiple

dwelling erected before April eighteenth, nineteen hundred twenty-nine

and in existence on the date upon which this article takes effect.

2. The term "agency" shall mean any officer, board, commission,

department, or other agency of the municipality, or the authority or any

other public authority, designated by the local legislative body to

carry out the functions vested in the agency under this article or

delegated to the agency by the local legislative body in order to carry

out the purposes and provisions of this article.

3. a. The term "persons or families of low income" shall mean "persons

of low income" or "families of low income" as defined in section three

of this chapter, whose probable aggregate annual income during the

period of occupancy does not exceed six times the rental (including the

value or cost to them of heat, light, water and cooking fuel) of

dwelling units occupied by such persons or families in existing multiple

dwellings aided by a loan pursuant to this article, except that in the

case of persons or families with three or more dependents, such ratio

shall not exceed seven to one, and except further that the income

limitations prescribed by this paragraph shall be subject to the

provisions of subdivision two of section two hundred thirteen of this

chapter.

In calculating annual income, social security payments and income

received from private pension funds by any person sixty-two years of age

or more shall be excluded up to a total maximum amount of seventy-five

dollars per month. The term "probable aggregate annual income" means

the annual income of the chief wage earner of the family, plus all other

income of other members of the family over the age of twenty-one years,

plus a proportion of income of gainfully employed members under the age

of twenty-one years, the proportion to be determined by the agency. The

agency may exclude a proportion of the income of other members of the

family over the age of twenty-one years for the purpose of determining

eligibility for commencement of occupancy or continued occupancy, or for

establishing rental of such family, or for all such purposes.

b. Notwithstanding the provisions of paragraph a of this subdivision,

and subject to the provisions of subdivision three of section two

hundred thirteen of this chapter, the term "persons or families of low

income" shall also mean any person or family who, immediately prior to

the date on which a contract for a loan with respect to an existing

multiple dwelling is entered into pursuant to the provisions of this

article, occupies any dwelling unit in such multiple dwelling and who

continuously occupies such unit during and after completion of central

heating or other rehabilitation or improvement performed pursuant to

such contract.

4. The term "occupancy date" shall mean the date defined in the

contract for a loan pursuant to this article between the owner of an

existing multiple dwelling and a municipality as the date upon which

such multiple dwelling is to be deemed ready for occupancy, or if such

term is not defined in such contract, the date of issuance of the

temporary certificate of occupancy.