Fact
Sheet #21 - Special Rights of Senior Citizens
The
law grants certain exemptions from rent increases to tenants who are senior
citizens.
SCRIE In New York City
If
a New York City (NYC) tenant or tenant's spouse is 62 years of age or older
and is living in a rent regulated apartment, and the combined household income
is at or below the income eligibility level and they are paying at least
1/3 of their disposable income toward their rent, the senior citizen tenant
may apply for the SENIOR CITIZEN RENT INCREASE EXEMPTION PROGRAM (SCRIE).
In NYC, the Department of Finance (DOF) administers the SCRIE program. In
the counties outside of NYC covered by the Emergency Tenant Protection Act,
the New York State Division of Housing and Community Renewal (DHCR) administers
the SCRIE program.
Outside of NYC, SCRIE is a local option and communities have different income
eligibility limits and regulations. In NYC, DOF has established the following
income eligibility levels.
effective
July 1, 2005 $25,000
effective July 1, 2006 $26,000
effective July 1, 2007 $27,000
effective July 1, 2008 $28,000
effective July 1, 2009 $29,000
If
a NYC tenant qualifies for this program, the tenant is exempt from future
rent guidelines increases, Maximum Base Rent increases, fuel cost adjustments,
and increases based on the owner's economic hardship and Major Capital Improvements.
However, the tenant must pay the additional security deposit. Tenants receiving
a NYC Senior Citizen Rent Increase Exemption (SCRIE) may choose a one-or
two-year lease renewal. NYC senior citizen tenants may also carry this exemption
from one apartment to another upon moving, upon the proper application being
made to DOF.
To
apply for SCRIE, the tenant of a NYC rent controlled or rent stabilized apartment
must file an application with the:
NYC Department of Finance
SCRIE/DRIE Exemption
59 Maiden Lane, 19th Floor
New York, New York 10038
Dial 311 (from within NYC) or 212-NEW-YORK (from outside NYC)
[For
other senior citizen rights, see below.]
SCRIE
Outside New York City
Tenants who are 62 years old or older may qualify for full or partial exemption
from rent increases in apartments regulated by ETPA in the eighteen municipalities
outside of NYC that have authorized the exemption program. Outside NYC, SCRIE
is a local option and communities have different income eligibility limits
and exemption allowances.
Senior citizens are eligible if their incomes are below a maximum limit set
by the municipality, and they are paying at least one third of their income
for rent. Current guidelines may provide for a maximum income of $24,000.
In ETPA counties, applications for SCRIE exemptions are made to the Division
of Housing and Community Renewal on the Tax Abatement Certificate and Senior
Citizen Rent Increase Exemption Application and Order (DHCR form RTP-13).
Owners receive certificates for real estate tax payment.
Municipalities with a SCRIE Program are listed below.
Nassau
Glen Cove
Town of North Hempstead
Great Neck
Village of Hempstead
Great Neck Plaza
Village of Thomaston
Westchester
Town of Greenburgh
City of New Rochelle
Village of Irvington
Village of Pleasantville
Village of Larchmont
Village of Tarrytown
Town of Mamaroneck
Village of Sleepy Hollow
Village of Mamaroneck
City of White Plains
City of Mount Vernon
City of Yonkers
Other rights for senior citizens include:
1. If a building
is being converted to cooperative or condominium ownership under an Eviction
Plan, an "eligible senior citizen" may refuse to purchase the
apartment and remain in occupancy as a fully protected rent stabilized
tenant with the right to a lease renewal. Rent controlled senior citizen
tenants are similarly protected against eviction.
“Eligible
senior citizens” are tenants who are primary residents
in the apartment and are at least 62 years of age or have a spouse 62
years of age or older on the date the New York State Attorney General
accepts the Eviction Plan for filing.
To take advantage of this benefit, an eligible senior
citizen in NYC must elect, on forms provided by the
Attorney General, to become a "non-purchasing” tenant
within 60 days of the date that the Final Offering Plan is presented to the
tenants. Outside NYC, there is no formal election requirement.
2. An owner cannot evict a tenant from rent stabilized
apartments in NYC for the purpose of owner occupancy,
when either the tenant or the tenant’s
spouse is 62 years of age or older unless the owner provides an equivalent
or superior apartment at the same or lower rent in an area near the tenant’s
apartment.
3. For rent stabilized apartments outside NYC and rent controlled apartments
statewide, an owner may not evict a tenant for the purpose of owner occupancy
where any member of the tenant's household is 62 years of age or older.
4. A NYC senior citizen with a currently valid SCRIE
order is not required to pay any portion of a fuel
cost increase that would raise the total rent to over
1/3 of the tenant's household disposable income. A
senior citizen who applies for and is granted a SCRIE
order within 90 days after receipt of the owner’s
fuel cost adjustment report, are retroactively exempt
from paying any portion of the most recent fuel cost adjustment that would
raise the total rent to over 1/3 of the tenant's total household disposable
income.
5. A tenant 62 years of age or older may terminate his/her lease, without
penalty, in order to move into a health care facility or senior citizen housing
complex. If the senior citizen terminates the lease in order to move into
a health care facility or senior citizen housing complex, the owner must
receive at least 30 days written notice, accompanied by documentation of
admission or pending admission to the health care facility or senior citizen
housing complex.
