N.Y. Comp. Codes R. & Regs. tit. 9 § 2202.20

Current through Register Vol. 46, No. 51, December 18, 2024

Section 2202.20 - Senior citizen rent increase exemption

(a) No increase in maximum rent, pursuant to section 2201.3, 2201.4, 2201.5, 2201.6, 2202.8, 2202.9, 2202.10, 2202.11 or 2202.13 of this Title, shall be collectible from a tenant to whom there has been granted a rent increase exemption order, pursuant to this section, which became effective prior to the effective date of such increase, except as provided in such exemption order or as modified by subsequent exemption order.

(b) No increase in the legal regulated rent of housing accommodations subject to the provisions of title YY of the New York City Administrative Code, and the Rent Stabilization Code promulgated thereunder, shall be collectible from a tenant to whom there has been issued a currently valid exemption order pursuant to said Administrative Code or pursuant to this section, except as provided in such order or as modified by subsequent exemption order, where such increase is a lawful increase provided under a two-year lease executed pursuant to title YY of the New York City Administrative Code and Rent Stabilization Code, or under such other terms as regards housing accommodations subject to the hotel stabilization provisions of title YY51 of the New York City Administrative Code:

(1) pursuant to an order of the New York City Rent Guidelines Board; or

(2) based upon an owner hardship rent increase order issued by the Conciliation and Appeals Board.

(c) The city, upon application by the tenant on forms prescribed by HPD, shall issue a rent increase exemption order where it finds that the tenant is eligible for such order. A tenant shall be entitled to a rent increase exemption if:

(1) the aggregate disposable income of all members of the household residing in the housing accommodation does not exceed $10,000 per year;

(2) the maximum rent, including rent increases described in subdivisions (a) and (b) of this section, for the housing accommodation exceeds one third of the aggregate disposable income of all members of the household;

(3) the tenant is entitled to reside in the housing accommodation; and

(4) the head of the household or spouse residing in the housing accommodation was 62 years of age or older on or before the date the application hereunder is filed, and is not a recipient of public assistance pursuant to the Social Services Law. However, persons receiving supplemental security income or additional State payments, or both, under a program administered by the United States Department of Health and Human Services solely or in combination with the New York State Department of Social Services shall not be rendered ineligible thereby.

(d) For the purpose of this section:

(1) The term aggregate disposable income shall mean the total income, from whatever source derived (whether or not subject to Federal income taxation), including but not limited to all compensation for personal services, wages, salaries, commissions, tips and earnings from self-employment, inclusive, social security and supplemental security income benefits, interest and dividends, pension payments, unemployment, disability and workers' compensation benefits, rents, royalties, payments from roomers, boarders or subtenants, alimony and support payment pursuant to agreement or court order, other than gifts and voluntary assistance payments from relatives and friends of members of the household not required to provide maintenance or support, received by any member of the household subject to the following adjustments:

(i) all Federal, State and city income taxes and social security taxes shall be deducted;

(ii) union dues withheld from wages or salaries shall be deducted; and

(iii) payments for maintenance or support, made pursuant to a written agreement or order of a court of competent jurisdiction by a member of the household to a person not a member of the household, shall be deducted.

(2) Disposable income to be reported shall be the income received in the last calendar year prior to the filing of the application, except that where the applicant retires between the commencement of such year and the date of filing the application, the income for such year may be adjusted by excluding employment earnings and projecting expected annual retirement income.

(3) The term head of household shall mean the person who customarily pays the rent (or his spouse, if older).

(4) The term member of household shall mean any person permanently residing in the housing accommodation who is not a bona fide roomer, boarder or subtenant.

(e) The rent increase exemption order shall provide that the landlord may not collect from a tenant, to whom it is issued, rent at a rate in excess of the greater of the following:

(1) one third of the aggregate disposable income;

(2) the maximum rent for rent-controlled housing in effect on December 31st of the calendar year immediately preceding the year in which the initial exemption is effective; or

(3) the legal regulated rent for rent-stabilized housing accommodations in effect on June 30, 1974 or the date immediately preceding eligibility, whichever is later.

Such order shall expire upon termination of occupancy by the tenant to whom it is issued, except as provided in subdivision (j) of this section. The landlord shall file a report of termination of occupancy of such tenant, on a form prescribed by the city, within 30 days.

(f) The effective date of any senior citizen rent increase exemption order issued pursuant to this section shall be:

(1) for rent-controlled housing accommodations, the first day of the month following the month in which the application is filed or the applicant becomes eligible, whichever is later. However, where such tenant could not qualify for senior citizen rent increase exemption between July 1, 1980 and December 31, 1980, due to the sole reason that the aggregate disposable income of all members of the household exceeded $6,500 per year and did not exceed $8,000 per year, but filed for an exemption on or before December 31, 1980, pursuant to New York City Local Law 61 for 1980, the effective date of that portion of the exemption applicable solely to the fuel cost adjustment collectible pursuant to section 2202.13 of this Part shall be July 1, 1980, including any retroactive adjustments authorized by said section;

(2) for rent-stabilized housing accommodations, the first day of the month in which the application is filed or the applicant becomes eligible, whichever is later. However, where such tenant could not qualify for senior citizen rent increase exemption between July 1, 1980 and December 31, 1980, due to the sole reason that the aggregate disposable income of all members of the household exceeded $6,500 per year and did not exceed $8,000 per year, but filed for an exemption on or before December 31, 1980, the effective date of the exemption order shall be July 1, 1980, including any retroactive adjustments collectible thereby;

(3) for rent-controlled and rent-stabilized tenants, the effective date of any increase described in subdivisions (a) and (b) of this section, including any retroactive adjustments collectible thereby, provided the tenant has filed an application within 90 days after:

(i) any such order was issued increasing the tenant's rent; or

(ii) in the event no order was issued, any notice or report prescribed by the city to increase the tenant's rent was served upon the tenant.

(g) A rent exemption order shall be renewable annually upon application by the tenant, upon forms prescribed by the city, which may include a certification of the tenant's continued eligibility in lieu of the detailed statement of income and other qualifications. Upon the filing of the renewal application, the prior rent exemption order shall remain in effect until an order is issued determining the tenant's renewal application, but in no event for more than six additional months.

(h) The city may audit and review applications made pursuant to this section, and may cause an order issued pursuant to this section to be amended, terminated or revoked, and the city may direct the payment of back rent where it finds that:

(1) the tenant did not qualify for such order;

(2) the tenant no longer qualifies for such order due to a change of circumstances; or

(3) the tenant has submitted materially false statements or has willfully omitted or neglected to make any required material statement, in violation of subdivision (d) of section 2205.1 of this Title.

(i) Orders increasing or establishing maximum rents, pursuant to sections 2202.4 - 2202.7, 2202.12, 2202.19 and 2202.22 of this Part, are not subject to the provisions of this section, and exemption orders for rent-stabilized tenants shall provide that landlord may collect increases based on an electrical inclusion or an increase in dwelling space, services, equipment or major capital improvement.

(j) When a tenant holding a senior citizen rent increase exemption order granted under these rent regulations, title YY of the New York City Administrative Code or article II, IV, V or VI of the Private Housing Finance Law, moves into a dwelling unit subject to the title YY or these rent regulations on or after March 28, 1977, he may apply to the city to carry the exemption from paying that portion of the maximum rent of the original dwelling unit over to the dwelling unit into which he moves; provided, however, that the exempt amount shall be limited to the lowest of the following:

(1) the amount by which the rent for the subsequent dwelling unit exceeds the rent the tenant was required to pay for the original dwelling unit, after giving effect to the senior citizen rent increase exemption;

(2) the most recent monthly deduction in the original dwelling unit pursuant to senior citizen's exemption issued under the City Rent and Rehabilitation Law, title YY of the New York City Administrative Code, or the Private Housing Finance Law; or

(3) the amount by which the maximum rent of the subsequent housing accommodation exceeds one third of the aggregate disposable income of all members of the household.

Such exemption certificate shall be effective the first day of the month in which the application is filed, or the date the tenant took occupancy of the subsequent dwelling unit, whichever is later, provided both the application is filed and the tenant takes occupancy of the subsequent dwelling unit on or after March 28, 1977.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2202.20