§ 44-A — Low rent dwelling accommodations

§ 44-a. Low rent dwelling accommodations. 1. Subject to the approval\nof the commissioner and to the provisions of any contract with\nnoteholders and bondholders, the agency shall have the power to lease\ndwellings in a project, not to exceed twenty per centum of the dwellings\nin such project, from a company, except that in the case of a project\nlocated in an area in which the commissioner finds that unusually\ndifficult housing conditions exist, the number of dwellings which may be\nleased by the agency shall not exceed fifty per centum, and except that\nthe agency may lease all or any portion of the dwellings in a non-profit\ncompany project designed or intended for occupancy by aged persons, at\nsuch rentals as may be fixed therefor by such company and approved by\nthe commissioner or the supervising agency, as the case may be, pursuant\nto the provisions of subdivision one of section thirty-one of this\nchapter less an appropriate adjustment for the increased tax exemption,\nif any, attributable to such dwellings pursuant to subdivision two of\nsection thirty-three of this chapter; and to sublet such dwellings, in\naccordance with subdivision two of this section, to persons or families\neligible therefor in accordance with the provisions of paragraph (a) of\nsubdivision two of section thirty-one of this chapter, except that\ndwellings in a non-profit company project designed or intended for\noccupancy by the aged shall be sublet only to aged persons, and except\nthat in the case of mutual companies, dwellings may be leased only when\nthe agency shall purchase the shares appertaining to such dwellings.\n 2. The rental of any dwelling sublet in accordance with subdivision\none of this section shall be fixed at an amount equal to twenty per\ncentum of the probable aggregate annual income of the occupants thereof,\ndetermined in accordance with section thirty-one of this chapter, at the\ntime of the execution of such sublease and at a time thereafter\nproximate to each anniversary date of the execution of such sublease and\nat the time of any renewal or extension of such sublease, provided that\nno such dwelling shall be sublet (a) at an average rental of less than\nfifteen dollars per room per month or at a rental less than that of\ncomparable dwellings in new state-aided public housing projects in the\ncommunity, whichever is greater, or (b) to a person or family whose\nprobable aggregate annual income exceeds five times the rental fixed\ntherefor by the company pursuant to subdivision one of section\nthirty-one of this chapter, provided however, such person or family may\ncontinue to occupy such dwelling and pay to the agency such fixed\nrental, including any surcharges which would otherwise be authorized if\nsuch person or family were a tenant of the company, until the company\nshall have entered into a lease with such person or family or until such\nperson or family has vacated or has been caused to vacate such dwelling.\n 3. Subject to the approval of the commissioner and to the provisions\nof any contract with noteholders and bondholders, the agency shall have\nthe power to lease dwellings, within areas designated to receive\nbenefits under the federal demonstration cities and metropolitan\ndevelopment act of nineteen hundred sixty-six, in a multiple dwelling\nreceiving benefits and subject to control of its rents under article\neight of this chapter from the owner thereof at such rentals as may be\napproved by the governmental agency having jurisdiction pursuant to the\nprovisions of section four hundred five of this chapter; and to sublet\nsuch dwellings to persons or families eligible therefor in accordance\nwith the provisions of subdivision three of section four hundred one of\nthis chapter. The rental of any dwelling sublet pursuant to this\nsubdivision shall be fixed at an amount equal to twenty per centum of\nthe probable aggregate annual income of the occupants thereof,\ndetermined in accordance with subdivision three of section four hundred\none of this chapter, at the time of the execution of such sublease and\nat the time of each anniversary of the execution of such sublease and at\nthe time of any renewal or extension of such sublease, provided that no\nsuch dwelling shall be sublet (a) at an average rental of less than\nfifteen dollars per room per month or at a rental less than that of\ncomparable dwellings in new state-aided public housing projects in the\ncommunity, whichever is greater, or (b) to a person or family whose\nprobable aggregate annual income exceeds five times the rental fixed\ntherefor pursuant to section four hundred five of this chapter.\n 4. The agency shall create and establish a special account, to be\nknown as the low rent housing assistance account, and shall pay into\nsuch account all monies appropriated and made available by the state for\nthe purposes of such account and any other monies which may be made\navailable to the agency for the purposes of such account from any other\nsource or sources. All monies held in the low rent housing assistance\naccounts shall be used by the agency (a) to meet, together with rentals\nreceived therefor from the occupants, the agency's rent obligation to\nthe company or owner of a multiple dwelling with respect to dwellings\nleased pursuant to this section; (b) to make housing assistance payments\npursuant to subdivision five of this section; (c) for the payment of\nadministrative and other expenses of the agency allocable to its\nactivities pursuant to this section, and (d) to reimburse the division\nof housing and community renewal the reasonable costs of services\nperformed by the commissioner of housing and community renewal and the\ndivision of housing and community renewal in carrying out the provisions\nof this section pursuant to section fifty-five of this article. Any\nmonies held in the low rent housing assistance account not required for\nimmediate disbursement may be invested in the manner permitted by\nsubdivision eight of section forty-four of this article. Any income or\ninterest earned by, or increment to such account shall be added to the\nmonies held in such account for the purposes herein provided.\n 5. (a) In lieu of leasing and subleasing housing accommodations\npursuant to subdivisions one through three of this section, the agency\nmay provide housing for persons and families of low income by making\nhousing assistance payments to the company owning a project.\n (b) A housing assistance payment pursuant to this subdivision may be\nmade only with respect to occupants of a dwelling in a project who would\nbe eligible for a sublease under the provisions of this section.\n (c) Tenants receiving housing assistance payments shall pay a rent to\nthe company equal to the rent they would pay under a sublease pursuant\nto this section. Housing assistance payments equal to the difference\nbetween such rent and the rental fixed for the dwelling pursuant to\nsection thirty-one of this chapter shall be made by or on behalf of the\nagency to the company.\n (d) The agency and the division of housing and community renewal may\nmake such regulations, not inconsistent with the provisions of this\nsection, and enter into such agreements with the owners of projects as\nmay be necessary or proper to carry out the provisions of this\nsubdivision. Such agreements may, in the case of a project the mortgage\non which is held by the agency, provide for the making of housing\nassistance payments in the form of a credit against the company's\npayments thereon.\n