ยง 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.