George E. Pataki, Governor                     Joseph H. Holland, Commissioner

                     A publication of New York State
                Division of Housing and Community Renewal
                      Office of Rent Administration
           Fact Sheet #20 - Special Rights of Disabled Persons
                             [Revised 3/96]

     The law grants certain protections for disabled persons who lawfully
occupy rent regulated housing.

     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.

Housing 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 New York State Attorney General accepts the Eviction Plan for

     To take advantage of this benefit, an eligible disabled person in New
York City 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

2. An owner cannot evict a disabled tenant or the spouse of a disabled tenant
from rent stabilized apartments in NYC for the purpose of owner occupancy
unless the owner provides an equivalent or superior apartment at the same or
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, for rent stabilized apartments outside NYC and rent
controlled apartments statewide, 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 Office of the Office of Rent Administration at Gertz Plaza,
92-31 Union Hall Street, Jamaica, NY and the Borough and County 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 a party or a witness at a hearing before
the Division of Housing and Community Renewal (DHCR), DHCR will provide a
signer to interpret the proceedings.

     For more information or assistance, call the DHCR Rent InfoLine,
(718) 739-6400, or visit your Borough or County Rent Office.

92-31 Union Hall Street
4th Floor
Jamaica, NY 11433
(718) 739-6400

250 Schermerhorn Street
3rd Floor
Brooklyn, NY 11201

Upper Manhattan
163 W. 125th Street
5th Floor
New York, NY 10027
North side of 110th St. and above

Nassau County
50 Clinton Street
6th Floor
Hempstead, NY 11550

Westchester County
55 Church Street
White Plains, NY 10601

Lower Manhattan
156 William Street
9th Floor
New York, NY 10038
South side of 110th St. and below

1 Fordham Plaza
2nd Floor
Bronx, NY 10458

Staten Island
60 Bay Street
7th Floor
Staten Island, NY 10301

Rockland County
94-96 North Main Street
Spring Valley, NY 10977

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