2023 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.