§ 213 — Occupancy

§ 213. Occupancy. 1. The dwelling units in any existing multiple\ndwelling aided by a loan pursuant to this article shall be available\nsolely for persons or families of low income during the period in which\nany part of such loan remains unpaid and for a period of at least ten\nyears from the occupancy date.\n 2. In the event that after any person or family included within the\nprovisions of paragraph a of subdivision three of section two hundred\neleven of this chapter, but not included within the provisions of\nparagraph b of such subdivision three, begins occupancy of any dwelling\nunit in any multiple dwelling aided by a loan pursuant to this article,\nand during the period while such dwelling unit is subject to a maximum\nrent prescribed by the agency pursuant to this article, the income of\nsuch person or family increases so as to exceed the applicable maximum\nprescribed by such paragraph a by more than fifty per centum, such\nperson shall be required to move from such dwelling.\n 3. a. In the event that on the date on which a contract for a loan is\nmade with respect to a multiple dwelling aided by a loan pursuant to\nthis article, any person or family occupying a dwelling unit in such\nmultiple dwelling and included within the provisions of paragraph b of\nsubdivision three of section two hundred eleven of this chapter, has a\nprobable aggregate annual income, as determined in accordance with the\nprovisions of paragraph a of such subdivision three, which exceeds the\nincome limits specified in such paragraph a by more than fifty per cent,\nsuch person or family shall be required to move from such dwelling unit\nupon the expiration of a period of two years after the date on which\nsuch contract is entered into.\n b. In the event that at any time within a period of two years after\nany such contract is entered into, the income of any such person or\nfamily increases so as to exceed the income limits specified in such\nparagraph a by more than fifty per cent, such person or family shall be\nrequired to move from such dwelling unit upon the expiration of such\nperiod of two years.\n c. If, at any time subsequent to the expiration of a period of two\nyears after any such contract is entered into, and during the period\nwhile the dwelling unit occupied by any such person or family is subject\nto a maximum rent prescribed by the agency pursuant to this article, the\nincome of such person or family increases so as to exceed the income\nlimits specified in such paragraph a by more than fifty per cent, such\nperson or family shall be required to move from such dwelling unit.\n 4. Any person or family in occupancy, whether included within the\nprovisions of paragraph a or paragraph b of subdivision three of section\ntwo hundred eleven of this chapter, whose income exceeds the maximum\nprescribed by the provisions of such paragraph a with respect to the\ntime of beginning of occupancy, shall pay a rental surcharge in\naccordance with a schedule of surcharges to be promulgated by the\nagency. Rental surcharges collected pursuant to this section shall be\npaid by the owner to the municipality which has granted such owner tax\nexemption or tax abatement pursuant to any law authorizing the granting\nof same, as reimbursement to such municipality therefor. In the event\nthat such tax exemption and tax abatement have not been granted, or in\nthe event that a sum equal to the total amount of tax exemption and tax\nabatement granted to the owner has been paid to the municipality, the\nexcess, if any, of surcharges shall be for the use and benefit of the\nowner.\n 5. Any person or family whose removal is required by any provision of\nthis article shall be subject to removal by summary proceedings.\n