NY Pub Hsg L § 213 (2021)
2021 New York Laws PBG - Public Housing Article 10 - Loans to Owners of Existing Multiple Dwellings 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.