DHCR FACT SHEET #20
Division of Housing and Community Renewal
SPECIAL RIGHTS OF DISABLED PERSONS
The law grants certain protections for disabled tenants.
"Eligible disabled persons" are tenants and/or spouses of tenants
who have an impairment resulting from anatomical, physiological
or psychological conditions demonstrable by medically acceptable
clinical and laboratory diagnostic techniques that are expected
to be permanent, and prevent the tenant from engaging in any
substantial, gainful employment."
Those protections for disabled tenants include:
1. If a building is being converted to cooperative or
condominium ownership under a legal Eviction Plan, tenants
who are eligible disabled persons may refuse to purchase
their apartments and remain in occupancy as fully protected
rent stabilized tenants with lease renewal privileges. Rent
controlled tenants are similarly protected. The tenant's
disability must be certified as of the date the Attorney
General accepts the Eviction Plan for filing.
To take advantage of this benefit, an eligible disabled
person 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 disabled tenant or the spouse of a
disabled tenant from rent stabilized in NYC for the purpose
of owner occupancy unless the owner provides an equivalent or
superior apartment at the same rent or at a lower rent in an
area near the tenant's present apartment.
3. An owner cannot evict a disabled tenant from rent stabilized
apartments outside NYC and rent controlled apartments
statewide for purposes of owner occupancy. Moreover,
regardless of the age or physical condition of a tenant, an
owner may not evict for purpose of owner occupancy a person
who has been a tenant in an apartment in the building for 20
years or more.
The Central Rent Administration office at Gertz Plaza, 92-31
Union Hall St. Jamaica, NY and the Borough Rent Offices are
totally accessible buildings, including the bathroom facilities.
Staff members at all Rent Offices are available to assist
visually impaired persons with forms and other printed materials.
With advance notification, staff members can also provide
assistance for tenants and owners with hearing impairments, or
serious mobility problems.
If a hearing impaired person is party to a hearing before the
Division of Housing and Community Renewal (DHCR), or a witness at
a hearing, the DHCR will provide a signer to interpret the
proceedings. For more information or assistance, call DHCR's Rent
Hotline or visit your Borough Rent Office.
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DHCR Fact Sheets (series of thirty) are issued by the New York
State Division of Housing and Community Renewal (DHCR) as plain-
english informational publications. For official agency
policies, see DHCR Policy Statements, Advisory Opinions and
Operational Bulletins. Also refer to the Rent Stabilization Code,
the Rent Stabilization Law and various Rent Control Statutes.
Electronic versions of these documents on TenantNet are for
informational purposes only and there is no guarantee they will
be accepted by any court (or even DHCR) as true copies of DHCR
policy. The reader may obtain true copies of these documents from
DHCR.
Every attempt has been made to conform to the original Fact
Sheets as issued by DHCR; TenantNet makes no
representation the enclosed material is current or will be
applied as written. The reader is advised that DHCR often fails
to properly apply, interpret or enforce housing laws. Since
housing laws are complex and often contradictory, it is
recommended the reader obtain competent legal advice from a
tenant attorney or counseling from a tenant association or
community group. (rev. 3/13/96) DHCR documents
are public documents; the electronic version of such documents
have been developed by TenantNet and any added value, enhancements
and/or proprietary features are copyright 1994, 1995 and 1996 by
TenantNet. These documents may be freely distributed provided they
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informational banner referencing TenantNet as the original provider.
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For more information or assistance, call the DHCR Rent Infoline
at (718) 739-6400, or visit your Borough Rent Office.
Queens Central Office
92-31 Union Hall St. 4th Fl.
Jamaica, NY 11433
(718) 739-6400
Bronx
One Fordham Plaza
Bronx, NY 10458
(718) 563-5678
Brooklyn
250 Schermerhorn St.
3rd Floor
Brooklyn, NY 11201
(718) 780-9246
Lower Manhattan
156 William Street
9th Floor
NY, NY 10038
(212) 240-6011, 6012
South side of 110th St. and below
Upper Manhattan
163 W. 125th St.
5th Floor
NY, NY 10027
(212) 961-8930
North side of 110th St. and above
Staten Island
350 St. Mark's Place
Room 105
Staten island, NY 10301
(718) 816-0277
Nassau County District Rent Office
50 Clinton Street, 6th Floor
Hempstead, NY 11550
(516) 481-9494
Westchester County District Rent Office
55 Church Street, 3rd Floor
White Plains, NY 10601
(914) 948-4434
Rockland County District Rent Office
94-96 North Main St.
Spring Valley, NY 10977
(914) 425-6575
Albany Regional Office
119 Washington Avenue
Albany, NY 12210
(518) 432-0596
Buffalo Regional Office
Ellicot Square Building
295 Main St., Room 438
Buffalo, NY 14203
(716) 856-1382
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