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The tenant, designated tenant representative or agent must submit all documentation and information requested by the Department pertaining to any application for SCRIE or DRIE benefits within 120 days of the written request by the Department unless the tenant has a good cause reason for a late filing or disability based need for additional time to submit documents as set forth in 19 RCNY § 52-02(d). Failure to provide the documentation and/or information requested by the Department will result in the denial of an application or revocation of benefits.
(Added City Record 5/14/2021, eff. 6/13/2021)
(a) In order to qualify for SCRIE benefits the applicant must be 62 years of age or older. In order to qualify for DRIE benefits the applicant must be a person with a disability who is 18 years of age or older. In addition, an applicant for SCRIE or DRIE benefits must also meet all eligibility requirements set forth in subdivision (b) of this section. If the applicant does not meet such criteria, the application will be denied.
(b) Eligibility Requirements.
(1) The applicant must reside in an eligible apartment as set forth in 19 RCNY § 52-06, provided that an applicant who is temporarily residing in a hospital or rehabilitation facility will be deemed to be residing in an eligible apartment.
(2) The applicant must meet the eligibility requirements for head of the household as defined in this chapter.
(3) The applicant must be named on the lease or rent order or have been granted succession rights to the apartment.
(4) The applicant's apartment must have a maximum rent or legal regulated rent exceeding one-third of the applicant's total aggregate household disposable income, except for SCRIE or DRIE renewals which have been in effect since January 1, 2015 or took effect on or before July 1, 2015.
(5) The applicant's total aggregate household disposable income cannot exceed $50,000.
(Added City Record 5/14/2021, eff. 6/13/2021)
An "eligible apartment" is a rent controlled or rent stabilized apartment that is eligible for either SCRIE or DRIE benefits. 467-c apartments are eligible apartments for SCRIE or DRIE benefits, provided that applications for SCRIE benefits for 467-c apartments must be submitted to HPD, the agency that administers the SCRIE program for such apartments. Other types of housing are not eligible for SCRIE or DRIE benefits.
(Added City Record 5/14/2021, eff. 6/13/2021)
(a) If a head of the household has died or permanently vacated the household, a tenant remaining in the eligible apartment will be deemed eligible to become the head of the household if such tenant receives approval from the Department for a benefit takeover as defined in 19 RCNY § 52-14.
(b) If a head of the household is either married or a member of a registered domestic partnership at the time of their most recently approved initial or renewal application was filed, then such spouse or partner will be deemed to be the new head of the household, when the previous head of the household has either died or permanently vacated the household, if they: (i) met the eligibility requirements for SCRIE or DRIE benefits at the time such approved initial or renewal application was submitted to the Department; and (ii) was included in such application as a member of the household.
(1) The head of the household's spouse or registered domestic partner does not need to be named on the lease or rent increase exemption order to be eligible to become the head of household.
(2) Benefit Takeover Applications.
(i) If the current head of the household in the marriage or registered domestic partnership dies or otherwise permanently leaves the apartment then the other spouse or domestic partner residing in the apartment at the time such event occurs, will not be required to submit a benefit takeover application.
(ii) If a head of the household's spouse or registered domestic partner does not meet the requirements set forth in subdivision (b) of this section at the time of the approval of the most recent SCRIE or DRIE application, but they meet the SCRIE or DRIE eligibility requirements at the time a head of the household either died or permanently vacated the household, they must submit a benefit takeover application as defined in 19 RCNY § 52-14.
(c) If the surviving head of the household has incurred a permanent decrease in aggregate disposable income in an amount that exceeds 20 percent of aggregate household disposable income since the last approved application, it will be necessary for the surviving head of the household to submit a benefit takeover application to the Department for approval in order to request that the rent payable by the surviving head of the household be reduced as set forth in 19 RCNY § 52-15. For DRIE applicants residing in an apartment in a building which was subject to a mortgage insured, or initially insured by the federal government pursuant to section 213 of the national housing act, as amended, "head of the household" is limited to that person or his or her spouse who was entitled to possession and occupancy of such apartment at the time of termination of such mortgage. The DRIE benefit for this type of apartment cannot be transferred to any other person except such beneficiary's spouse.
(Added City Record 5/14/2021, eff. 6/13/2021; amended City Record 2/24/2023, eff. 3/26/2023)
A member of the household includes the head of the household and all persons permanently residing in the apartment except for roomers, boarders, or subtenants. All relatives of the head of the household residing in the apartment are members of the household. Roomers, boarders or subtenants are persons who are non-family members who pay rent to reside in the apartment.
(Added City Record 5/14/2021, eff. 6/13/2021)
(a) Except as provided in 19 RCNY § 52-10, the total aggregate disposable income of all members of the household residing in the apartment cannot exceed 50,000 dollars in the calendar year preceding the date of filing of the initial or renewal application with the Department. SCRIE and DRIE applicants who submit initial or renewal applications to the Department during the period January 1st to April 15th may submit income information from two calendar years prior to the application submission date if income information for the previous calendar year is not available. However, if a household member deceases or permanently leaves the apartment prior to the date of filing of such application with the Department, their aggregate disposable income will not be included in the calculation of aggregate disposable income.
(b) Total aggregate household disposable income is income from all sources, except as provided herein, for all members of the household after deduction of all income and social security taxes. Medicare taxes are not deductible in determining total aggregate household disposable income. Sources of income include, but are not limited to:
(1) social security and retirement benefits;
(2) supplemental security income and additional state payments;
(3) public assistance cash award benefits;
(4) interest income;
(5) dividends;
(6) net rental income;
(7) salary and earnings;
(8) net income from self-employment;
(9) capital gains;
(10) annuity or Individual Retirement Account earnings;
(11) rent payments received from bona fide roomers, boarders or subtenants;
(12) unemployment benefits; or
(13) income from a pooled income trust as defined in 26 U.S.C. §642.
Anything that is considered to be income by the Internal Revenue Service will be included in total aggregate household disposable income.
Total aggregate household disposable income includes both taxable and tax exempt income.
(c) The following items are not included in total aggregate household disposable income:
(1) gifts or inheritances;
(2) payments made to individuals because of their status as victims of Nazi persecution as defined in Victims of Nazi Persecution Act of 1994; or
(3) increases in benefits accorded pursuant to the Social Security Act or a public or private pension paid to any member of the household, which increase, in any given year, does not exceed annual average (i.e. December of one year to December of the next year) consumer price index (all items United States city average) (“CPI”) for such year which take effect after the date of eligibility of a head of the household receiving benefits hereunder whether received by the head of the household or any other member of the household.
The Department will post information on its website the years in which such increases in social security benefits will not be included in aggregate disposable income. The annual CPI increases will also be posted on the website. Three examples are set forth below:
Year | Social Security Increase | CPI Increase |
2016 | 0.3% | 2.1% |
2017 | 2.0% | 2.1% |
2018 | 2.8% | 1.9% |
2019 | 1.6% | 2.3% |
2020 | 1.3% | 1.4% |
In calendar year 2016 the social security increase in benefits was 0.3%. The CPI increase in calendar year 2016 was 2.1%. Since the increase in social security benefits for calendar year 2016 did not exceed the CPI, the increase in social security benefits for calendar year 2016 will not be included in total aggregate household disposable income.
In calendar year 2017 the social security increase in benefits was 2.0%. The CPI increase in calendar year 2017 was 2.1%. Since the increase in social security benefits for calendar year 2017 did not exceed the CPI, the increase in social security benefits for calendar year 2017 will not be included in total aggregate household disposable income.
In calendar year 2018 the social security increase in benefits was 2.8%. The CPI increase in calendar year 2018 was 1.9%. The increase in social security benefits for calendar year 2018 exceeded the increase in CPI and will be included in total aggregate household disposable income.
In calendar year 2019 the social security increase in benefits was 1.6%. The CPI increase in calendar year 2019 was 2.3%. Since the increase in social security benefits for calendar year 2019 did not exceed the CPI, the increase in social security benefits for calendar year 2019 will not be included in total aggregate household disposable income.
In calendar year 2020 the social security increase in benefits was 1.3%. The CPI increase in calendar year 2020 was 1.4%. Since the increase in social security benefits for calendar year 2020 did not exceed the CPI, the increase in social security benefits for calendar year 2020 will not be included in total aggregate household disposable income.
(d) Disbursements from a Supplemental Needs Trust (also known as a Special Needs Trust) can be counted as income depending on what the disbursements are used for.
(1) Disbursements for food or shelter for a member of the household will be counted as income.
(2) Disbursements to a third party for items other than food and shelter for a member of the household are not counted as income. Examples of such disbursements are education expenses, cable television bills, computer related expenses, phone bills and recreation and entertainment expenses.
(e) For apartments owned by a limited dividend housing company, redevelopment company or housing development fund company incorporated under the private finance housing law, section 213 Cooperative Housing Companies or a Mitchell Lama apartment or co-op, if the head of the household has retired on or after the commencement of the taxable period and prior to the date of making an application for a rent increase exemption order/tax abatement certificate, such person's income shall be adjusted by excluding salary or earnings and projecting such person's retirement income over the entire taxable period.
(f) If a person residing in the apartment is a roomer, boarder or subtenant, their income is not included in the total aggregate household disposable income. Rent paid by the roomer, boarder or subtenant will be included in the total aggregate household disposable income.
(g) The head of the household must provide documentation for all income for all members of the household for the calendar year preceding the date the initial application or renewal application was filed. If the renewal application is denied because it was not filed timely, the head of the household will be required to submit a new initial application.
Documentary proof for sources of income include, but are not limited to, the following:
(1) income tax returns, federal and state (if filed);
(2) Social Security benefit statement or copy of check or direct deposit bank statement indicating amount of Social Security benefits received during applicable year;
(3) pension/annuity statement;
(4) W-2 form(s);
(5) signed letter from roomer, boarder or subtenant stating amount of total monthly rental payments;
(6) 1099 form(s);
(7) IRA end of year earnings statement(s), if such earnings statement is not provided the taxable distribution may be utilized; or
(8) public assistance budget statement.
(h) The amount of income taxes to be deducted from the total aggregate household disposable income will be the greater of the total amount of income taxes withheld or the total amount of income taxes due for the applicable calendar year for all members of the household.
(i) Total Aggregate Household Income will not be reduced due to claimed losses for any category of income, i.e. capital gains, net rental income or for any type of depreciation.
(j) The head of the household must provide documentation acceptable to the Department concerning the total aggregate household disposable income as well as the items not included in total aggregate household disposable income for all members of their household.
(k) When the head of the household retires before the commencement of such income tax year and the date of filing the application, the income for such year for such head of the household may be adjusted by excluding salary or earnings and projecting their retirement income over the entire period of such year.
(Added City Record 5/14/2021, eff. 6/13/2021; amended City Record 10/29/2024, eff. 11/28/2024)
(a) For an initial SCRIE or DRIE application, the rent for the apartment must exceed one-third of the total aggregate household disposable income of all members of the household to be eligible for benefits. For renewal applications, redetermination applications and apartment benefit transfer applications, if the rent set forth in the rent exemption order does not exceed one third of the total aggregate household disposable income of all members of the household, the rent the head of the household will be required to pay will be increased to one-third of the total aggregate household disposable income of all members of the household for those whose benefits are effective as of July 2, 2015 or later. However, this one-third of the total aggregate disposable income of all members of the household eligibility requirement does not apply to a head of the household to whom a rent exemption order took effect on or before July 1, 2015.
(b) For renewal applications for the period commencing immediately after the expiration of a rent increase exemption order where it is determined that the head of the household is ineligible for a rent increase exemption order because the total aggregate household income exceeds $50,000 or because the maximum rent or legal regulated rent does not exceed one-third of the total aggregate household disposable income, such head of the household may submit a new application during the following calendar year and if such head of the household receives a rent increase exemption order that commences during such calendar year, the frozen rent amount and tax abatement amount for such order shall be calculated as if such prior rent increase exemption order had not expired. However, the frozen rent amount may be adjusted higher or lower to maintain the one-third ratio based upon the renewal total aggregate disposable income. However, no rent increase exemption benefits or tax abatement benefits will be provided for the period of ineligibility. No head of the household may receive more than three such rent increase exemption orders in accordance with this subdivision.
(Added City Record 5/14/2021, eff. 6/13/2021)
Tenants who receive SCRIE or DRIE benefits will not be required to pay for an MCI which is issued by HCR either after or no more than 90 days before the date of the Department's receipt of an application. The tax abatement credit for a building owner for an eligible MCI increase will be retroactive to the effective date of the MCI order. If applicable, it will include any collectible portion of such increase which covers a period prior to the effective date of the SCRIE or DRIE rent exemption order. If an MCI is issued more than 90 days prior to the date of the Department's receipt of an application, the tenant will be required to pay for the MCI increase and it will not be included in the tax abatement credit for the building owner.
(Added City Record 5/14/2021, eff. 6/13/2021)
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