STATE OF NEW YORK ________________________________________________________________________ 3666 2019-2020 Regular Sessions IN SENATE February 12, 2019 ___________ Introduced by Sens. GIANARIS, BAILEY, SANDERS, SERRANO, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development AN ACT to amend the real property tax law, in relation to requiring affordable housing projects to calculate and only use the area median income for the specific zip code that the project is located in for determining affordability The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 421-a of the real property tax law 2 is amended by adding a new paragraph e to read as follows: 3 e. "Area Median Income (AMI)." Whenever calculating the affordability 4 of a project, AMI shall be based solely on the specific zip code where 5 the project shall be located. 6 § 2. All affordable housing projects, including, but not limited to, 7 421-a projects, shall only use the area median income (AMI) for the 8 specific zip code that the project is located in for determining afford- 9 ability. However, for any affordable housing project in the five coun- 10 ties that make up New York City, including, but not limited to a 421-a 11 project, that is being located in a zip code where the AMI for that 12 specific zip code is higher than the New York City Region AMI, as 13 defined by HUD, the AMI for the affordability project, including, but 14 not limited to a 421-a project, will be the AMI that HUD has determined 15 to be the New York City Region AMI. 16 § 3. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02209-01-9