§ 85-a. Selection of tenants and occupants. 1. The dwellings in a\nhousing company project, other than a mutual project, shall be available\n (a) If such project was completed or acquired on or after July first,\nnineteen hundred fifty-five, for persons or families whose probable\naggregate annual income at the time of admission does not exceed seven\ntimes the rental (including the value or cost to them of heat, light,\nwater and cooking fuel) of the dwellings to be furnished such persons or\nfamilies, except that in the case of persons or families with three or\nmore dependents, such ratio shall not exceed eight to one;\n (b) If such project was completed prior to July first, nineteen\nhundred fifty-five, for persons or families whose probable aggregate\nannual income at the time of admission does not exceed seven times the\nrental (including the value or cost to them of heat, light, water and\ncooking fuel) of the dwellings to be furnished such persons or families,\nexcept that in the case of persons or families with three or more\ndependents, such ratio shall not exceed eight to one;\n (c) In the event that the income of a person or family residing in a\nproject increases and the ratio to the rental of the dwelling becomes\ngreater than prescribed by law for admission or in this subdivision,\nwhichever is greater, and the income is not more than fifty per centum\nabove the income so prescribed for admission to the dwelling and such\nincreased income continues for a period of three months or more, the\nhousing company may permit such person or family to continue to remain\nin occupancy provided the housing company is convinced that such person\nor family cannot secure other safe and sanitary dwelling accommodations,\nor by reason of other facts the removal of such person or family from\nthe project would occasion other undue hardship to such person or\nfamily. However, such person or family shall pay a rental surcharge in\naccordance with a schedule of surcharges promulgated by the company with\nthe approval of the commissioner and in no event shall such removal be\neffected against any person or family which was in occupancy prior to\nJuly first, nineteen hundred eighty-three;\n (d) In the event that the ratio of the income of a person or family to\nthe rental of the dwelling becomes greater than that prescribed by law\nfor admission or in this subdivision, whichever is greater, and is more\nthan fifty per centum above the income so prescribed for admission to\nthe dwelling and such increased income continues for a period of three\nmonths, the housing company shall require such person or family to\nremove from the dwelling and may take such steps, including summary\nproceedings, as are necessary to effect the removal of the person or\nfamily. A three months' period shall be given such person or family to\nfind new accommodations. Pending removal from the dwelling, such person\nor family shall pay a rental surcharge in accordance with a schedule\npromulgated by the company with the approval of the commissioner. In no\nevent shall a removal otherwise authorized by this paragraph be effected\nagainst any person or family which was in occupancy prior to July first,\nnineteen hundred eighty-three.\n 2. The dwellings in any mutual housing company project shall be\navailable\n (a) In the case of such projects constructed or acquired on or after\nJuly first, nineteen hundred fifty-five, for such persons or families\nwhose probable aggregate annual income during the period of occupancy\ndoes not exceed, the greater of (i) the median income for such persons\nor families for the metropolitan statistical area in which the project\nis located, or if a project is located outside a metropolitan\nstatistical area, the median income for such persons or families for the\ncounty in which the project is located, as most recently determined by\nthe United States department of housing and urban development, in which\ncase any person or fa
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