N.Y. Public Housing Law § 213: Occupancy

§ 213. Occupancy. 1. The dwelling units in any existing multiple

dwelling aided by a loan pursuant to this article shall be available

solely for persons or families of low income during the period in which

any part of such loan remains unpaid and for a period of at least ten

years from the occupancy date.

2. In the event that after any person or family included within the

provisions of paragraph a of subdivision three of section two hundred

eleven of this chapter, but not included within the provisions of

paragraph b of such subdivision three, begins occupancy of any dwelling

unit in any multiple dwelling aided by a loan pursuant to this article,

and during the period while such dwelling unit is subject to a maximum

rent prescribed by the agency pursuant to this article, the income of

such person or family increases so as to exceed the applicable maximum

prescribed by such paragraph a by more than fifty per centum, such

person shall be required to move from such dwelling.

3. a. In the event that on the date on which a contract for a loan is

made with respect to a multiple dwelling aided by a loan pursuant to

this article, any person or family occupying a dwelling unit in such

multiple dwelling and included within the provisions of paragraph b of

subdivision three of section two hundred eleven of this chapter, has a

probable aggregate annual income, as determined in accordance with the

provisions of paragraph a of such subdivision three, which exceeds the

income limits specified in such paragraph a by more than fifty per cent,

such person or family shall be required to move from such dwelling unit

upon the expiration of a period of two years after the date on which

such contract is entered into.

b. In the event that at any time within a period of two years after

any such contract is entered into, the income of any such person or

family increases so as to exceed the income limits specified in such

paragraph a by more than fifty per cent, such person or family shall be

required to move from such dwelling unit upon the expiration of such

period of two years.

c. If, at any time subsequent to the expiration of a period of two

years after any such contract is entered into, and during the period

while the dwelling unit occupied by any such person or family is subject

to a maximum rent prescribed by the agency pursuant to this article, the

income of such person or family increases so as to exceed the income

limits specified in such paragraph a by more than fifty per cent, such

person or family shall be required to move from such dwelling unit.

4. Any person or family in occupancy, whether included within the

provisions of paragraph a or paragraph b of subdivision three of section

two hundred eleven of this chapter, whose income exceeds the maximum

prescribed by the provisions of such paragraph a with respect to the

time of beginning of occupancy, shall pay a rental surcharge in

accordance with a schedule of surcharges to be promulgated by the

agency. Rental surcharges collected pursuant to this section shall be

paid by the owner to the municipality which has granted such owner tax

exemption or tax abatement pursuant to any law authorizing the granting

of same, as reimbursement to such municipality therefor. In the event

that such tax exemption and tax abatement have not been granted, or in

the event that a sum equal to the total amount of tax exemption and tax

abatement granted to the owner has been paid to the municipality, the

excess, if any, of surcharges shall be for the use and benefit of the

owner.

5. Any person or family whose removal is required by any provision of

this article shall be subject to removal by summary proceedings.