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Notwithstanding the provisions of this chapter, chapter three or chapter four of this title, when a dwelling unit subject to this chapter is later reclassified by order of the commissioner, the supervising agency or by any other governmental agency supervising such dwelling unit, or by operation of law to a dwelling unit subject to any of the provisions of article II, IV, V or XI of the private housing finance law, regulation under chapter four of this title or the emergency tenant protection act of nineteen seventy-four, or when a dwelling unit subject to regulation under such act, chapter four or chapter three of this title is reclassified by order of the commissioner or the supervising agency or by operation of law to a dwelling unit subject to the provisions of article II, IV, V or XI of the private housing finance law or subject to a mortgage insured or initially insured by the federal government pursuant to section two hundred thirteen of the national housing act, as amended, a head of the household who held or holds a valid rent increase exemption order/tax abatement certificate at the time of the reclassification shall be issued a rent increase exemption order under this chapter or chapter four of this title, as applicable, continuing the previous exemption notwithstanding the reclassification of the dwelling unit.
The eligible head of the household shall apply annually to the supervising agency for a rent increase exemption order/tax abatement certificate on a form to be prescribed and made available by the supervising agency. The supervising agency shall approve or disapprove applications and, if it approves, shall issue a rent increase exemption order/tax abatement certificate. Copies of such order/certificate shall be issued to the housing company managing the dwelling unit or to the landlord of the dwelling unit within an applicable battery park city property of the eligible head of the household, to the eligible head of the household and to the department of finance.
(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.
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)
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