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 #21 - Special Rights of Senior Citizens
                             [Revised 4/96]

     The law grants certain exemptions from rent increases to tenants who are
senior citizens.

     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 $20,000 per year or less 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 for the Aging (DFTA) 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.

     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 New York City Senior Citizen Rent Increase
Exemption (SCRIE) may choose a one-or two-year lease renewal.  New York City
senior citizen tenants may also carry this exemption from one apartment to
another upon moving, upon the proper application being made to DFTA.

     To apply for SCRIE, the tenant of a NYC rent controlled or rent
stabilized apartment must file an application with the:

                      NYC Department for the Aging
                           SCRIE Division
                     150 William Street, 4th Floor
                        New York, New York 10038
                           (212) 240-7000

DHCR administers this program only in the counties outside NYC.

Other rights for NYC 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 present 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, the owner must receive at least 30
    days notice. If the tenant moves into a senior citizen housing complex,
    the owner must receive 60 days notice.

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


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

Brooklyn
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

Bronx
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



TenantNet Home | TenantNet Forum | New York Tenant Information
DHCR Information | DHCR Decisions | Housing Court Decisions | New York Rent Laws
Disclaimer | Privacy Policy | Contact Us

Subscribe to our Mailing List!
Your Email      Full Name