§ 26-606.1 Assistance for residents eligible to apply to the senior citizen rent increase exemption program.

   a.   Definitions. For purposes of this section, the term “resident” means a person who occupies a dwelling unit in a city-aided limited profit housing company development, who:

      (i)   has submitted an annual income affidavit to the supervising agency; and

      (ii)   appears to be eligible for the senior citizen rent increase exemption program, based upon review of applicable information available to the supervising agency.

   b.   No later than 90 days after the supervising agency receives a resident’s annual income affidavit, the supervising agency shall provide such resident with an application form for the senior citizen rent increase exemption program that contains all applicable data electronically populated in such application form for such resident. In addition, the supervising agency shall provide a letter to such resident with such application form that explains the features of the senior citizen rent increase exemption program; the purpose of such application form; and information on how to review, complete, modify as necessary, and return such application form to the supervising agency. Such letter shall also contain any relevant contact information for the supervising agency or any other agency that may provide assistance with review, completion, and submission of such application form.

   c.   To meet the requirements of this section, the supervising agency shall digitize the information contained in each annual income affidavit submitted to such supervising agency.

   d.   This section does not preclude the supervising agency from accepting annual income affidavits and application forms for the senior citizen rent increase exemption program prepared on a paper form, via a web-based application portal, or other electronic form submission technology.

(L.L. 2024/044, 3/9/2024, eff. 3/9/2025)

§ 26-607 Effective dates of exemption orders/tax abatement certificates.

The effective date of a rent increase exemption order/tax abatement certificate shall be the date of the first increase in maximum rent becoming effective after the applicant's eligibility date, except that in no event shall a rent increase exemption order/tax abatement certificate become effective prior to January first, nineteen hundred seventy-six.

§ 26-608 Credit allowances; penalties for overcharge.

Upon receipt of a copy of a rent increase exemption order/tax abatement certificate, the housing company managing the dwelling unit or the landlord of the dwelling unit within an applicable battery park city property of the eligible head of the household shall promptly accord to the eligible head of the household covered by such order / certificate the appropriate credit against the monthly maximum rent then and thereafter payable. To the extent the full amount of such credit has not been accorded for any past period since the effective date specified in the order / certificate, the housing company or landlord shall credit the total aggregate amount not so credited to the monthly maximum rent next payable or to such subsequent monthly maximum rents, as the supervising agency may authorize. It shall be illegal to collect any amount for which a rent increase exemption order / tax abatement certificate provides credit or to withhold credit for any such amounts already collected, and collection or retention of any such amount for a dwelling unit occupied by such eligible head of the household shall be deemed a rent overcharge, and upon conviction therefor the housing company and its directors and any employee and any agent responsible therefor or the landlord and any employee and any agent responsible therefor shall be guilty of a misdemeanor, punishable by a fine not to exceed one thousand dollars or imprisonment not to exceed six months, or both.

(Am. L.L. 2023/109, 7/23/2023, retro. eff. 12/15/2022)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/109.