Section 211. Definitions  


Latest version.
  • 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.