Posted by TenantNet on February 22, 1998 at 09:45:58:
In Reply to: Monthly Rent Increase Prevention posted by Lypa on February 20, 1998 at 23:08:11:
You really don't have special disability rights if not rent regulated
(that I know of) but the city might have special programs -- someone
correct if I'm wrong here. Below is the DHCR fact sheet on
disabled persons, but it only applies to rent regulated units. Maybe you
should be regulated -- if your building has 6 or more units and
built before 1974 and not a coop. Otherwise NYS Executive law
requires no discrimination to disabled persons, but chances are this
would not apply as you already have the unit -- he just wants a
rent increase.
New York State Division of Housing and Community
Renewal, Office of Rent Administration
Fact Sheet #20 - Special Rights of
Disabled Persons
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 filing.
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 requirement.
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.
Central , 92-31 Union Hall Street,4th Floor, Jamaica, NY 11433 - (718) 739-640
Brooklyn, 55 Hanson Place, 7th Floor, Brooklyn, NY 11217
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, 25 Beaver Street, 5th Floor, New York, NY 10004 (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
Reissued 9/97
Last updated: 10/97
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