* § 5-a. High income rent deregulation. (a) 1. For purposes of this\nsection, annual income shall mean the federal adjusted gross income as\nreported on the New York state income tax return. Total annual income\nmeans the sum of the annual incomes of all persons whose names are\nrecited as the tenant or co-tenant on a lease who occupy the housing\naccommodation and all other persons that occupy the housing\naccommodation as their primary residence on other than a temporary\nbasis, excluding bona fide employees of such occupants residing therein\nin connection with such employment and excluding bona fide subtenants in\noccupancy pursuant to the provisions of section two hundred twenty-six-b\nof the real property law. In the case where a housing accommodation is\nsublet, the annual income of the tenant or co-tenant recited on the\nlease who will reoccupy the housing accommodation upon the expiration of\nthe sublease shall be considered.\n 2. Deregulation income threshold means total annual income equal to\none hundred seventy-five thousand dollars in each of the two preceding\ncalendar years for proceedings commenced before July first, two thousand\neleven. For proceedings commenced on or after July first, two thousand\neleven, the deregulation income threshold means the total annual income\nequal to two hundred thousand dollars in each of the two preceding\ncalendar years.\n 3. Deregulation rent threshold means two thousand dollars for\nproceedings commenced before July first, two thousand eleven. For\nproceedings commenced on or after July first, two thousand eleven, the\nderegulation rent threshold means two thousand five hundred dollars. For\nproceedings commenced on or after July first, two thousand fifteen, the\nderegulation rent threshold means two thousand seven hundred dollars,\nprovided, however that on January 1, 2016, and annually thereafter, the\nmaximum legal regulated rent for this deregulation threshold shall be\nadjusted by the same percentage as the most recent one year renewal\nadjustment adopted by the rent guidelines board.\n (b) On or before the first day of May in each calendar year, the owner\nof each housing accommodation for which the legal regulated monthly rent\nequals or exceeds the deregulation rent threshold may provide the tenant\nor tenants residing therein with an income certification form prepared\nby the division of housing and community renewal on which such tenant or\ntenants shall identify all persons referred to in subdivision (a) of\nthis section and shall certify whether the total annual income is in\nexcess of the deregulation income threshold in each of the two preceding\ncalendar years. Such income certification form shall state that the\nincome level certified to by the tenant may be subject to verification\nby the department of taxation and finance pursuant to section one\nhundred seventy-one-b of the tax law, and shall not require disclosure\nof any information other than whether the aforementioned threshold has\nbeen exceeded. Such income certification form shall clearly state that:\n(i) only tenants residing in housing accommodations which had a legal\nregulated monthly rent that equals or exceeds the deregulation rent\nthreshold are required to complete the certification form; (ii) that\ntenants have protections available to them which are designed to prevent\nharassment; (iii) that tenants are not required to provide any\ninformation regarding their income except that which is requested on the\nform and may contain such other information the division deems\nappropriate. The tenant or tenants shall return the completed\ncertification to the owner within thirty days after service upon the\ntenant or tenants. In the event that the total annual income as\ncertified is in excess of the deregulation income threshold in each of\nthe two preceding calendar years, the owner may file the certification\nwith the state division of housing and community renewal on or before\nJune thirtie
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