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All SCRIE and DRIE applications are available on the Department's website or can be requested by dialing 311 or visiting the Department's SCRIE/DRIE walk-in center. The list of current tenant and building owner applications are set forth below:
(a) Initial Applications. If a tenant wishes to apply to receive SCRIE or DRIE benefits, they must fully complete and submit to the Department a SCRIE or DRIE initial application. Such application can be submitted at any time as long as the applicant meets all qualification requirements for the program for which they are applying at the time of submission.
(1) Supporting Documentation.
(i) A DRIE initial applicant must provide, together with their application, documentary proof that the applicant is at least 18 years of age and, if applicable, (i) either the current and most recent prior apartment lease(s) signed by both the applicant or the applicant's designated agent and the building owner or the building owner's designated representative or, documentary proof that the applicant has been granted succession rights to the apartment, and (ii) documentation for all income for all members of the household for the previous calendar year and documentation that they qualify as a person with a disability. Applicants residing in rent controlled apartments are required to submit the Maximum Collectible Rent ("MCR") document instead of a lease. Applicants residing in a rent regulated hotel are required to provide proof as to the rent they are paying for their dwelling unit. The DRIE initial applicant must also provide, if applicable, a copy of any recent MCI order(s) issued by HCR. Applications and corresponding documents may be submitted by the applicant, tenant representative or agent.
(ii) A SCRIE initial applicant must provide together with their application documentary proof that the applicant is at least 62 years of age, a copy of the applicant's current and most recent prior, if applicable, apartment lease signed by both the applicant or designated agent and the building owner or designated representative and documentation for all income for all members of the household for the previous calendar year. Applicants residing in rent controlled apartments are required to submit the Maximum Collectible Rent ("MCR") document instead of a lease. Applicants residing in a rent regulated hotel are required to provide proof as to the rent they are paying for their dwelling unit. The SCRIE applicant must also provide, if applicable, a copy of any recent MCI order(s) issued by DHR. Applications and corresponding documents may be submitted by the applicant, tenant representative or agent.
(iii) An initial application for SCRIE or DRIE benefits will not be approved by the Department if the tenant, tenant representative, or agent does not provide a lease or other documentation which proves that the tenant has the right to reside in such apartment, except that the Department will accept a HCR order or court order which proves that the tenant has a right to live in the apartment and such order specifies the rent to be paid.
(iv) A SCRIE or DRIE applicant who submits an initial application to the Department prior to April 16th in any given year 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.
(2) Signature and Designated Agents. SCRIE and DRIE initial and renewal applications must be signed by the applicant or their designated agent if such agent has either been court appointed or is acting pursuant to a power of attorney. Such application may be submitted by either the applicant or their agent or designated tenant representative unless otherwise stated on the initial application. A designation of a tenant representative on an initial application by a tenant will remain in effect until the designation is withdrawn by the applicant or the representative requests that the designation be removed. Any designation of a tenant representative must include the mailing address of such representative.
(3) Effective Date. If a tenant initial application for a rent stabilized or rent controlled apartment is approved by the Department, the SCRIE or DRIE order will take effect on the initial eligibility date. If a tenant initial application for a 467-c apartment is approved by the Department, the effective date shall be the date of the first increase in maximum rent becoming effective after the applicant's initial eligibility date.
(b) Renewal Application. A fully completed application to renew a SCRIE or DRIE order must be submitted by or on behalf of the tenant and approved by the Department. Any tenant that has been issued a tax abatement certificate for five consecutive benefit periods, and who meets the income eligibility requirements set forth in 19 RCNY § 52-09, and whose residence has not changed since the most recently approved renewal application, shall be eligible to file the Department's short form renewal application. If such tenant is found eligible, the renewal order will be deemed to have taken effect upon expiration of the prior rent increase exemption order. The tenant may designate a representative to receive notices sent to the tenant and assist in the completion of a renewal application on the tenant's behalf so that the renewal application is filed in a timely manner as provided in subdivisions (c) and (d) of this section. If a tenant desires to designate a representative, the tenant may do so in a renewal application. A designation of a tenant representative submitted to the Department by a tenant will continue until the designation is withdrawn or the representative requests that the designation be removed. Any designation of a representative must include the mailing address of such representative.
(c) Time to File Renewal Applications. Except as provided in subdivision (d) and (e) of this section, renewal applications must be filed no later than six months after the expiration of a rent increase exemption order.
(d) Extension of Time to File Renewal, Other Tenant Applications, Appeals, and Requested Documentation. Under certain circumstances, the time to file the following applications, appeals, and other documentation will be extended:
(1) a renewal application provided in subdivision (c) of this section;
(2) any other tenant application;
(3) an appeal relating to SCRIE or DRIE benefits; or
(4) any documentation requested by the Department pursuant to 19 RCNY § 52-04. The time to file such applications, appeals, and requested documentation may be extended under the following circumstances:
(i) Upon a showing of good cause, the time to file any application, appeals, and requested documentation will be extended for an additional period of six months. The tenant or their representative must submit sufficient documentary evidence acceptable to the Department demonstrating good cause. Upon approval of the extension of the time to file and of the renewal application, such rent increase exemption order will be renewed retroactive to the date of expiration of the prior rent increase exemption. For purposes of this paragraph, good cause exists when:
a. the tenant requires hospitalization for a documented illness or medical condition during the six-month period following expiration of the rent increase exemption order, which prevents the tenant from filing a timely renewal application;
b. the tenant's dwelling unit is damaged by fire or flood or a natural catastrophe during the six-month period following expiration of the rent increase exemption order, which prevents the tenant from filing a timely renewal application;
c. the tenant demonstrates other exceptional circumstances; or
d. the tenant states that the delay in timely submission is due to COVID-19.
(ii) Upon a showing of need for more time as a reasonable accommodation for a tenant's disability consistent with the requirements of the Americans with Disability Act (42 U.S.C §§ 12101 et seq.) (ADA) or the New York City Human Rights Law (§§ 8-101 et seq. of the Administrative Code of the City of New York (NYCHRL), the time to file any application, appeals, and requested documentation will be extended for an additional period of time to be determined by the agency, which may exceed six months if the agency determines more time would be a reasonable modification of its procedure necessary to avoid discrimination on the basis of disability. To obtain an extension of time as a reasonable accommodation, the tenant or a representative of the tenant must provide or assist with the provision of medical documentation from an appropriate health care professional showing that the tenant had a disability as defined by the ADA or the NYCHRL, and that because of this disability the tenant needed more time to file an application or appeal. For purposes of this paragraph, appropriate health care professionals include, but are not limited to, doctors (including psychiatrists), psychologists and licensed health professionals. If the tenant cannot secure medical documentation from an appropriate health care professional with reasonable efforts, an extension of time may be granted if other reliable documentation is provided as may be determined by the Department.
(e) Extension of Rent Increase Exemption Order When There is a Showing of Good Cause or Need for Disability Related Reasonable Accommodation. If a tenant is granted an extension of time to file pursuant to subdivision (d) of this section, the tenant or the tenant's representative must file a renewal application and all supporting documents for the period commencing on the expiration of the prior rent increase exemption order as well as for any succeeding renewal period which commenced prior to the date such extension of time to file was granted within the time period of the extension. Upon approval of the extension of time to file and of the renewal application where seeking additional time to file a renewal application or other application, such rent increase exemption order will be renewed retroactive to the date of expiration of the prior rent increase exemption.
(f) Apartment Lease Renewal Documentation. The tenant in a rent stabilized apartment or an apartment 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, is required to submit a copy of a written lease signed by both parties, except as set forth in this subdivision, which proves that the tenant has the right to reside in such apartment. A copy of a written lease signed by both parties must be submitted for renewal applications; provided that if a tenant cannot provide a lease signed by both parties, such tenant may instead provide a lease signed by the tenant and other evidence of the rent amount. All correspondence from the Department concerning an application will be sent to both the tenant and, if applicable, the tenant's representative or agent.
(g) Renewal Applications Without Lease Renewal Documentation. If the tenant is not able to provide a lease for the renewal period, the tenant will be able to satisfy the lease eligibility requirement for a SCRIE or DRIE renewal application if they submit the Department's Certification Without A Renewal Lease form with their SCRIE or DRIE renewal application and explain why the tenant is not able to provide a renewal lease. The completed and signed form must be submitted with acceptable proof of tenancy for the apartment.
(1) When a tenant's renewal application without lease renewal documentation form is approved the tenant will continue to receive the same monthly benefit and the building owner will receive the same tax abatement credit for the renewal period. The tenant will be required to pay for any increase in rent for the renewal period until a lease signed by the tenant and landlord and other evidence of the rent amount is provided to the Department. If the tenant is subsequently able to provide a copy of a lease signed by the tenant and other evidence of the rent amount during such renewal period, the tenant will receive retroactive monthly benefits so that the tenant will receive the same benefits they would have received if such signed lease and rental evidence had been provided in a timely manner. The tax abatement credit due to the building owner for the renewal period will be adjusted.
For example: The legal regulated rent for an apartment for the previous lease was $1,000 per month and the frozen monthly rent was $800. If the legal regulated rent is increased by two percent, the legal regulated monthly rent will be increased to $1,020. If the tenant is unable to provide a lease signed by the tenant and other evidence of the rent amount to the Department, the tenant will be required to pay the $20 rent increase and pay a monthly rent of $820 until such a lease is provided by such tenant. If the tenant is able to provide such signed lease and rental evidence during this renewal period, the monthly frozen rent the tenant will be required to pay will be reduced to $800 for the entire term of the renewal period and the tenant will receive retroactive benefits of $20 for each month they paid a monthly rent of $820.
(2) A Certification Without a Renewal Lease form cannot be utilized for more than two consecutive lease periods, unless the tenant provides a HCR order or court order which proves that the tenant has a right to live in the apartment and such order specifies the rent to be paid.
(3) Tenants living in rent controlled apartments are required to provide a copy of the notice of maximum collectible rent ("MCR") for the prior and current year with their initial and renewal applications. If the tenant is not able to provide a new MCR for a renewal application, the Department will continue to utilize the most recently submitted MCR.
(4) A tenant may submit more than one initial application and, if applicable, more than one renewal application each calendar year.
(h) SCRIE or DRIE Apartment Benefit Transfer Application. If a current SCRIE or DRIE beneficiary has moved out of the apartment currently associated with their SCRIE or DRIE benefits, such beneficiary may transfer such benefits to a new apartment by submitting a fully completed SCRIE or DRIE apartment benefit transfer application to the Department. The calculation for the dollar amount of the benefit being transferred from the previous apartment to the new apartment is governed by 19 RCNY § 52-17.
For example: If the monthly legal regulated rent for the previous apartment is $800 and the monthly TAC is $200, the SCRIE or DRIE beneficiary would have paid a frozen rent of $600 per month. If the rent for the new eligible apartment is $1,000, the TAC is still $200 and the SCRIE or DRIE beneficiary would be required to pay a frozen rent of $800 per month (i.e. $1,000 minus $200).
(i) SCRIE or DRIE Redetermination Application. If a current SCRIE or DRIE beneficiary has experienced a permanent decrease, as defined in 19 RCNY § 52-15, of 20% or more of their total combined household income as compared to the income that was reported in their last approved SCRIE or DRIE application, then such beneficiary may submit a fully completed SCRIE or DRIE redetermination application in order to adjust the beneficiary's frozen rent.
(j) SCRIE or DRIE Application for Benefit Takeover. If a current SCRIE or DRIE beneficiary has permanently vacated the household or has died, a remaining or surviving member of the household may assume the SCRIE or DRIE benefit by submitting a fully completed SCRIE or DRIE application for benefit takeover to the Department.
(k) SCRIE to DRIE or DRIE to SCRIE Transfer Application. A current SCRIE or DRIE beneficiary may transfer their current SCRIE benefit to a DRIE benefit or current DRIE benefit to a SCRIE benefit by submitting a fully completed SCRIE to DRIE or DRIE to SCRIE transfer application to the Department provided that a tenant may not receive both SCRIE and DRIE benefits simultaneously. Transferring from one benefit to another will not affect the frozen rent.
(l) SCRIE or DRIE Tax Abatement Credit (TAC) Adjustment Application for Tenants. A current SCRIE or DRIE beneficiary may apply for an adjustment to the TAC amount by submitting a fully completed SCRIE or DRIE tax abatement credit adjustment application.
(m) SCRIE and DRIE Application for Appeal. A SCRIE or DRIE tenant or agent may appeal a SCRIE or DRIE determination by submitting a SCRIE and DRIE Application for Appeal.
(Added City Record 5/14/2021, eff. 6/13/2021)
(a) Effective Date and Duration.
(1) A rent increase exemption order will be issued to each tenant who applies to the Department and is found to be eligible for SCRIE or DRIE benefits, except that SCRIE benefits for 467-c apartments are administered by the Department of Housing Preservation and Development (HPD) and are not governed by this rule. The effective date of a new rent increase exemption order for rent controlled and rent stabilized apartments is the first day of the first month after receipt of an initial application for SCRIE or DRIE benefits. The tenant's order will set forth the benefit period, tenant's frozen rent, tenant's current rent, building owner's monthly TAC (i.e. SCRIE or DRIE Credit) and the total number of months the order will be in effect. The building owner's order will set forth the benefit period, tenant's frozen rent, tenant's current rent, owner's monthly TAC, total number of months the order will be in effect and total TAC for benefit period.
(2) A new rent increase exemption order for a rent controlled apartment will be for a term of two years. A new rent increase exemption order for a rent stabilized apartment will be for the duration of the lease in effect on the first day of the first month after receipt of the initial application. The effective date of a new DRIE rent increase exemption order for a 467-c apartment will be the date of the first increase in maximum rent that takes effect after the tenant is first determined to be eligible for DRIE benefits, and will be for a term of one year.
(b) The tenant will be required to pay the building owner the rent set forth in the rent exemption order.
(1) The rent the tenant will be required to pay for a rent stabilized apartment, pursuant to an initial or renewal application, will be the legal regulated rent in effect for the rental period immediately preceding the initial eligibility date, except as set forth herein.
For example: If a tenant has a legal regulated rent of $700 as of the initial eligibility date, and the legal regulated rent for the immediately preceding rental period was $650, the tenant's frozen rent will be $650.
(2) The rent the tenant will be required to pay for a rent controlled apartment, pursuant to an initial or renewal application, will be the maximum rent in effect as of December 31st of the year preceding the effective date of the initial rent exemption order, except as set forth herein.
(3) The rent the tenant will be required to pay for a 467-c apartment, pursuant to an initial or renewal application, will be the maximum rent in effect on the tenant's initial DRIE eligibility date, except as set forth herein. The tenant will continue to pay the same maximum rent for subsequent DRIE renewals except as set forth in these rules.
(4) The rent the tenant will be required to pay for a rent stabilized apartment may be increased based upon an electrical inclusion adjustment or an increase in dwelling space, services or equipment.
(5) If a rent stabilized apartment is subject to a rent reduction order the amount of the rent reduction shall be subtracted from the rent payable by the tenant specified in the rent exemption order and the TAC amount will remain the same. If the rent reduction order is canceled, the SCRIE or DRIE TAC will be adjusted to reflect the difference between the frozen rent and the legal regulated rent. If a rent reduction order is issued after the initial SCRIE or DRIE approval order the amount of the reduction shall be subtracted from the rent payable by the tenant specified in the rent exemption order and the TAC amount will remain the same. The TAC for the rent stabilized apartment as of the effective date of the rent restoration order will be the difference between the frozen rent and the legal regulated rent. Any increase in the amount of the TAC will be prospective from the effective date of the restoration order.
For example: If the tenant has a frozen rent of $650 and the legal regulated rent for the rent stabilized apartment was $700 at the time a rent reduction order of $100 was issued in 2015, during the effective period of such rent reduction order, the tenant would pay $550 in rent and the TAC would be $50. If a HCR rent restoration order is issued with an effective date of July 1, 2020 and the legal regulated rent for the apartment as of such date was $800, the tenant will pay the frozen rent of $650 and the TAC will be increased from $50 to $150 on a prospective basis from July 1, 2020 forward.
(c) The rent the tenant will be required to pay for a rent controlled apartment may be adjusted under the following circumstances:
(1) The building owner and the tenant in occupancy voluntarily enter into a valid written lease in good faith with respect to any housing accommodation that provides for an increase in the maximum rent on the basis of specified increased services, furniture, furnishings, or equipment and such increases are approved by HCR.
(2) The building owner and the tenant in occupancy by mutual voluntary written agreement, agree to a substantial increase or decrease in dwelling space or a change in the services, furniture, furnishings or equipment provided in the housing accommodations.
(3) There has been a subletting without written consent from the landlord or an increase in the number of adult occupants who are not members of the immediate family of the tenant and the building owner has not been compensated therefor by adjustment of the maximum rent by lease or order of HCR or pursuant to the state rent act or the federal rent act.
Some charges that result in rent increases are not eligible for SCRIE or DRIE benefits. This includes, but is not limited to rent increases for the following:
(i) Door attendant.
(ii) Cleaning service.
(iii) Air conditioning.
(iv) Painting.
(v) Garages.
(vi) Parking.
(vii) Storage facility.
(viii) Security deposits.
(ix) New appliances (e.g. stove, refrigerator, etc.).
(x) Any other increase for an individual apartment improvement, other than a building wide improvement.
(xi) Vacancy increases.
(xii) Changes in household (i.e. an increase in the number of people living in the apartment).
(Added City Record 5/14/2021, eff. 6/13/2021)
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)
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