§ 211 — Definitions

§ 211. Definitions. As used in this article the following terms shall\nmean:\n 1. The term "existing multiple dwelling" shall mean any multiple\ndwelling erected before April eighteenth, nineteen hundred twenty-nine\nand in existence on the date upon which this article takes effect.\n 2. The term "agency" shall mean any officer, board, commission,\ndepartment, or other agency of the municipality, or the authority or any\nother public authority, designated by the local legislative body to\ncarry out the functions vested in the agency under this article or\ndelegated to the agency by the local legislative body in order to carry\nout the purposes and provisions of this article.\n 3. a. The term "persons or families of low income" shall mean "persons\nof low income" or "families of low income" as defined in section three\nof this chapter, whose probable aggregate annual income during the\nperiod of occupancy does not exceed six times the rental (including the\nvalue or cost to them of heat, light, water and cooking fuel) of\ndwelling units occupied by such persons or families in existing multiple\ndwellings aided by a loan pursuant to this article, except that in the\ncase of persons or families with three or more dependents, such ratio\nshall not exceed seven to one, and except further that the income\nlimitations prescribed by this paragraph shall be subject to the\nprovisions of subdivision two of section two hundred thirteen of this\nchapter.\n In calculating annual income, social security payments and income\nreceived from private pension funds by any person sixty-two years of age\nor more shall be excluded up to a total maximum amount of seventy-five\ndollars per month. The term "probable aggregate annual income" means\nthe annual income of the chief wage earner of the family, plus all other\nincome of other members of the family over the age of twenty-one years,\nplus a proportion of income of gainfully employed members under the age\nof twenty-one years, the proportion to be determined by the agency. The\nagency may exclude a proportion of the income of other members of the\nfamily over the age of twenty-one years for the purpose of determining\neligibility for commencement of occupancy or continued occupancy, or for\nestablishing rental of such family, or for all such purposes.\n b. Notwithstanding the provisions of paragraph a of this subdivision,\nand subject to the provisions of subdivision three of section two\nhundred thirteen of this chapter, the term "persons or families of low\nincome" shall also mean any person or family who, immediately prior to\nthe date on which a contract for a loan with respect to an existing\nmultiple dwelling is entered into pursuant to the provisions of this\narticle, occupies any dwelling unit in such multiple dwelling and who\ncontinuously occupies such unit during and after completion of central\nheating or other rehabilitation or improvement performed pursuant to\nsuch contract.\n 4. The term "occupancy date" shall mean the date defined in the\ncontract for a loan pursuant to this article between the owner of an\nexisting multiple dwelling and a municipality as the date upon which\nsuch multiple dwelling is to be deemed ready for occupancy, or if such\nterm is not defined in such contract, the date of issuance of the\ntemporary certificate of occupancy.\n