467-c apartment. The term "467-c apartment" means a dwelling unit, as defined by section 467-c of the real property tax law, that is owned by a limited dividend housing company, a redevelopment company or a housing development fund company incorporated under the private housing finance law, or a section 213 cooperative housing company or a mitchell lama apartment or co-op.
Agent. The term "agent" means a person who is either a court appointed guardian for the SCRIE or DRIE applicant, or a person who has been granted power of attorney authorization for SCRIE/DRIE applications.
Current rent. The term "current rent" means the monthly rent a SCRIE or DRIE beneficiary would have been required to pay if they did not receive such benefits.
Department. The term "department" means the department of finance of the city of New York.
DRIE. The term "DRIE" means the Disability Rent Increase Exemption Program.
Dwelling unit. The term "dwelling unit" means the part of a dwelling in which the head of the household resides and which is subject to either: (i) the emergency housing rent control law, (ii) the rent and rehabilitation law of the city of New York as provided in §§ 26-401 et seq. of the Administrative Code of the city of New York, (iii) article II, IV, V or XI of the private housing finance law, or (iv) a mortgage insured or initially insured by the federal government pursuant to section two hundred thirteen of the National Housing Act, as amended.
Eligible apartment. The term "eligible apartment" means any apartment eligible for SCRIE or DRIE benefits as that term is defined in 19 RCNY § 52-06.
Family member. The term "family member" means a person meeting the definition of a family member set forth in subdivision (o) of section 2520.6 of the New York Code of Rules, and Regulations.
Frozen rent. The term "frozen rent" means the monthly rent a SCRIE or DRIE beneficiary is required to pay pursuant to a rent increase exemption approval order.
Fuel cost adjustment. The term "fuel cost adjustment" means the monthly amount a landlord of a rent controlled apartment may charge a tenant of such apartment for the cost of fuel. The tenant, however, will not be subject to a fuel cost adjustment or pass-along increase in rent as of June 14, 2019.
Head of the Household. The term "head of the household" means a person who is 62 years of age or older, or a person with a disability who is 18 years of age or older with tenancy rights to an eligible apartment who is otherwise eligible for SCRIE or DRIE benefits. If a head of the household is either married or a member of a registered domestic partnership, both spouses or partners shall be deemed to be the co-head of the household if they meet the eligibility requirements set forth in 19 RCNY § 52-07(b).
HCR. The term "HCR" means the New York State Division of Homes and Community Renewal.
Housing company. The term "housing company" means any limited-profit housing company, limited dividend housing company, redevelopment company or housing development fund company incorporated pursuant to the private housing finance law and operated exclusively for the benefit of persons or families of low income, or any corporate owner of a dwelling which is or was 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.
HPD. The term "HPD" means the New York city department of housing preservation and Development.
Initial eligibility date. For rent controlled and rent stabilized units, the term "initial eligibility date" means the first day of the first month after receipt of an application which is subsequently approved by the Department. For 467-c apartments, the term "initial eligibility date" means the last day of the month in which a person became an eligible head of a household in the dwelling unit where such person resides at the time of filing the most recent application for SCRIE or DRIE benefits.
Legal regulated rent. The term "legal regulated rent" means the amount in rent that a landlord can charge a tenant for a rent stabilized unit.
Major capital improvement increase. The term "major capital improvement increase" or "MCI" means the amount in additional rent a landlord may collect as a result of a building-wide improvement or installation to a building with rent controlled and/or rent stabilized units for which HCR has granted approval for a rent increase to the legal regulated rents. MCIs increases are for building-wide improvements, not for improvements to individual apartments. Major capital improvements effective prior to June 14, 2019 are permanent rent increases. Major capital improvements effective on or after June 14, 2019 are temporary major capital improvements and shall be removed 30 years after effective date.
Maximum collectible rent. The term "maximum collectible rent" means the monthly rent a rent controlled tenant is required to pay.
Maximum rent. For rent controlled apartments, the term "maximum rent" means the maximum legal regulated rent that a landlord may charge for the use of such an apartment pursuant to the rent control law set forth in Chapter 3 of Title 26 of the Administrative Code of the City of New York. For 467-c apartments, the term "maximum rent" means the maximum rent, excluding gas and electric utility charges, which has been authorized or approved by the HCR or HPD or the legal regulated rent established for the dwelling unit pursuant to the provisions of either article II, IV, V or XI of the private housing finance law, or the rent established for a cooperatively owned dwelling unit previously regulated pursuant to the provisions of article II, IV, V or XI of the private housing finance law, or the rent established for a dwelling unit, in a dwelling subject to a mortgage insured or initially insured by the federal government pursuant to section 213 of the national housing act, as amended.
Person with a disability. The term "person with a disability" has the following meanings. For rent controlled and rent stabilized apartments, such term means an individual who is currently receiving social security disability insurance (SSDI) or supplemental security income (SSI) benefits under the federal social security act, disability pension or disability compensation benefits provided by the United States Department of Veterans Affairs, or disability pension or disability compensation benefits provided by the United States Postal Service, or an individual who was previously eligible by virtue of receiving disability benefits under the SSI program or the SSDI program and is currently receiving medical assistance benefits based on a determination of disability as provided in section 366 of the social services law. For 467-c apartments for the benefit period ending June 30, 2022, such term means an individual who is currently receiving social security disability insurance (SSDI) or supplemental security income (SSI) benefits under the federal social security act, disability pension or disability compensation benefits provided by the United States Department of Veterans Affairs, or an individual who was previously eligible by virtue of receiving disability benefits under the SSI program or the SSDI program and is currently receiving medical assistance benefits based upon a determination of disability as provided by section 366 of the social services law. For 467-c apartments for the benefit period commencing June 30, 2022, such term means an individual who is currently receiving social security disability insurance (SSDI) or supplemental security income (SSI) benefits under the federal social security act, disability pension or disability compensation benefits provided by the United States Department of Veterans Affairs, or an individual who was previously eligible by virtue of receiving disability benefits under the SSI program or the SSDI program and is currently receiving medical assistance benefits based upon a determination of disability as provided by section 366 of the social services law and whose income for the current income tax year, together with the income of all members of such individual's household, does not exceed the maximum income at which such individual would be eligible to receive cash supplemental security income benefits under federal law during such tax year.
Rent controlled apartment. The term "rent controlled apartment" means a dwelling unit subject to the rent and rehabilitation law of the city of New York.
Rent regulated hotel. The term "rent regulated hotel" means a dwelling unit in a hotel, single room occupancy hotel or rooming house, that is subject to the rent stabilization code.
Rent increase exemption approval order. The term "rent increase exemption approval order" means an order issued by the Department or HPD to a SCRIE or DRIE beneficiary and the building owner that sets forth the SCRIE or DRIE beneficiary's benefit period, frozen rent, current rent and the building owner's monthly tax abatement and benefit period.
Rent stabilized apartment. The term "rent stabilized apartment" means a dwelling unit subject to the emergency tenant protection act of 1974.
Rent guidelines board rent increases. The term "rent guidelines board rent increases" means the annual rent increases promulgated by the New York City Rent Guidelines Board for rent stabilized apartments.
Senior citizen. The term "senior citizen" means a person 62 years of age or older.
Surviving member of the household. The term "surviving member of the household" means a member of the household who continues to live in an apartment after the head(s) of the household who held a current, valid tax abatement certificate either dies or permanently leaves the household.
SCRIE. The term "SCRIE" means the Senior Citizen Rent Increase Exemption Program.
Tax abatement credit (TAC). The term "tax abatement credit" or "TAC" means the credit against real estate taxes that building owners receive in lieu of rent increases. The calculation for such credit for rent controlled units is determined in accordance with subdivision b of § 26-406 of the Administrative Code of the City of New York. The calculation for such credit for rent stabilized units is determined in accordance with subdivision c of § 26-509 of the Administrative Code of the City of New York. The calculation for such credit for section 467-c apartments is determined in accordance with subdivisions 3, 4 and 4-a of section 467-c of the real property tax law.
Tenant representative. The term "tenant representative" means a person who is designated to receive notices from the Department in addition to the tenant and assists SCRIE and DRIE applicants in completing SCRIE and DRIE renewal and other applications in a timely manner.
(Added City Record 12/7/2015, eff. 1/6/2016; amended City Record 7/3/2017, eff. 8/2/2017; amended City Record 5/14/2021, eff. 6/13/2021)
Loading...