§ 52-02 — Applications for SCRIE or DRIE Benefits

§ 52-02 Applications for SCRIE or DRIE Benefits.

All SCRIE and DRIE applications are available on the Department's website or can be requested by dialing 311 or visiting the Department's SCRIE/DRIE walk-in center. The list of current tenant and building owner applications are set forth below: (a) Initial Applications. If a tenant wishes to apply to receive SCRIE or DRIE benefits, they must fully complete and submit to the Department a SCRIE or DRIE initial application. Such application can be submitted at any time as long as the applicant meets all qualification requirements for the program for which they are applying at the time of submission. (1) Supporting Documentation. (i) A DRIE initial applicant must provide, together with their application, documentary proof that the applicant is at least 18 years of age and, if applicable, (i) either the current and most recent prior apartment lease(s) signed by both the applicant or the applicant's designated agent and the building owner or the building owner's designated representative or, documentary proof that the applicant has been granted succession rights to the apartment, and (ii) documentation for all income for all members of the household for the previous calendar year and documentation that they qualify as a person with a disability. Applicants residing in rent controlled apartments are required to submit the Maximum Collectible Rent ("MCR") document instead of a lease. Applicants residing in a rent regulated hotel are required to provide proof as to the rent they are paying for their dwelling unit. The DRIE initial applicant must also provide, if applicable, a copy of any recent MCI order(s) issued by HCR. Applications and corresponding documents may be submitted by the applicant, tenant representative or agent. (ii) A SCRIE initial applicant must provide together with their application documentary proof that the applicant is at least 62 years of age, a copy of the applicant's current and most recent prior, if applicable, apartment lease signed by both the applicant or designated agent and the building owner or designated representative and documentation for all income for all members of the household for the previous calendar year. Applicants residing in rent controlled apartments are required to submit the Maximum Collectible Rent ("MCR") document instead of a lease. Applicants residing in a rent regulated hotel are required to provide proof as to the rent they are paying for their dwelling unit. The SCRIE applicant must also provide, if applicable, a copy of any recent MCI order(s) issued by DHR. Applications and corresponding documents may be submitted by the applicant, tenant representative or agent. (iii) An initial application for SCRIE or DRIE benefits will not be approved by the Department if the tenant, tenant representative, or agent does not provide a lease or other documentation which proves that the tenant has the right to reside in such apartment, except that the Department will accept a HCR order or court order which proves that the tenant has a right to live in the apartment and such order specifies the rent to be paid. (iv) A SCRIE or DRIE applicant who submits an initial application to the Department prior to April 16th in any given year may submit income information from two calendar years prior to the application submission date if income information for the previous calendar year is not available. (2) Signature and Designated Agents. SCRIE and DRIE initial and renewal applications must be signed by the applicant or their designated agent if such agent has either been court appointed or is acting pursuant to a power of attorney. Such application may be submitted by either the applicant or their agent or designated tenant representative unless otherwise stated on the initial application. A designation of a tenant representative on an initial application by a tenant will remain in effect until the designation is withdrawn by the applicant or the representative requests that the designation be removed. Any designation of a tenant representative must include the mailing address of such representative. (3) Effective Date. If a tenant initial application for a rent stabilized or rent controlled apartment is approved by the Department, the SCRIE or DRIE order will take effect on the initial eligibility date. If a tenant initial application for a 467-c apartment is approved by the Department, the effective date shall be the date of the first increase in maximum rent becoming effective after the applicant's initial eligibility date. (b) Renewal Application. A fully completed application to renew a SCRIE or DRIE order must be submitted by or on behalf of the tenant and approved by the Department. Any tenant that has been issued a tax abatement certificate for five consecutive benefit periods, and who meets the income eligibility requirements set forth in 19 RCNY § 52-09, and whose residence has not changed since the most recently approved renewal application, shall be eligible to file the Department's short form renewal application. If such tenant is found eligible, the renewal order will be deemed to have taken effect upon expiration of the prior rent increase exemption order. The tenant may designate a representative to receive notices sent to the tenant and assist in the completion of a renewal application on the tenant's behalf so that the renewal application is filed in a timely manner as provided in subdivisions (c) and (d) of this section. If a tenant desires to designate a representative, the tenant may do so in a renewal application. A designation of a tenant representative submitted to the Department by a tenant will continue until the designation is withdrawn or the representative requests that the designation be removed. Any designation of a representative must include the mailing address of such representative. (c) Time to File Renewal Applications. Except as provided in subdivision (d) and (e) of this section, renewal applications must be filed no later than six months after the expiration of a rent increase exemption order. (d) Extension of Time to File Renewal, Other Tenant Applications, Appeals, and Requested Documentation. Under certain circumstances, the time to file the following applications, appeals, and other documentation will be extended: (1) a renewal application provided in subdivision (c) of this section; (2) any other tenant application; (3) an appeal relating to SCRIE or DRIE benefits; or (4) any documentation requested by the Department pursuant to 19 RCNY § 52-04. The time to file such applications, appeals, and requested documentation may be extended under the following circumstances: (i) Upon a showing of good cause, the time to file any application, appeals, and requested documentation will be extended for an additional period of six months. The tenant or their representative must submit sufficient documentary evidence acceptable to the Department demonstrating good cause. Upon approval of the extension of the time to file and of the renewal application, such rent increase exemption order will be renewed retroactive to the date of expiration of the prior rent increase exemption. For purposes of this paragraph, good cause exists when: a. the tenant requires hospitalization for a documented illness or medical condition during the six-month period following expiration of the rent increase exemption order, which prevents the tenant from filing a timely renewal application; b. the tenant's dwelling unit is damaged by fire or flood or a natural catastrophe during the six-month period following expiration of the rent increase exemption order, which prevents the tenant from filing a timely renewal application; c. the tenant demonstrates other exceptional circumstances; or d. the tenant states that the delay in timely submission is due to COVID-19. (ii) Upon a showing of need for more time as a reasonable accommodation for a tenant's disability consistent with the requirements of the Americans with Disability Act (42 U.S.C §§ 12101 et seq.) (ADA) or the New York City Human Rights Law (§§ 8-101 et seq. of the Administrative Code of the City of New York (NYCHRL), the time to file any application, appeals, and requested documentation will be extended for an additional period of time to be determined by the agency, which may exceed six months if the agency determines more time would be a reasonable modification of its procedure necessary to avoid discrimination on the basis of disability. To obtain an extension of time as a reasonable accommodation, the tenant or a representative of the tenant must provide or assist with the provision of medical documentation from an appropriate health care professional showing that the tenant had a disability as defined by the ADA or the NYCHRL, and that because of this disability the tenant needed more time to file an application or appeal. For purposes of this paragraph, appropriate health care professionals include, but are not limited to, doctors (including psychiatrists), psychologists and licensed health professionals. If the tenant cannot secure medical documentation from an appropriate health care professional with reasonable efforts, an extension of time may be granted if other reliable documentation is provided as may be determined by the Department. (e) Extension of Rent Increase Exemption Order When There is a Showing of Good Cause or Need for Disability Related Reasonable Accommodation. If a tenant is granted an extension of time to file pursuant to subdivision (d) of this section, the tenant or the tenant's representative must file a renewal application and all supporting documents for the period commencing on the expiration of the prior rent increase exemption order as well as for any succeeding renewal period which commenced prior to the date such extension of time to file was granted within the time period of the extension. Upon approval of the extension of time to file and of the renewal application where seeking additional time to file a renewal application or other application, such rent increase exemption order will be renewed retroactive to the date of expiration of the prior rent increase exemption. (f) Apartment Lease Renewal Documentation. The tenant in a rent stabilized apartment or an apartment owned by a limited dividend housing company, redevelopment company or housing development fund company incorporated under the private finance housing law, section 213 Cooperative Housing Companies or a Mitchell Lama apartment or co-op, is required to submit a copy of a written lease signed by both parties, except as set forth in this subdivision, which proves that the tenant has the right to reside in such apartment. A copy of a written lease signed by both parties must be submitted for renewal applications; provided that if a tenant cannot provide a lease signed by both parties, such tenant may instead provide a lease signed by the tenant and other evidence of the rent amount. All correspondence from the Department concerning an application will be sent to both the tenant and, if applicable, the tenant's representative or agent. (g) Renewal Applications Without Lease Renewal Documentation. If the tenant is not able to provide a lease for the renewal period, the tenant will be able to satisfy the lease eligibility requirement for a SCRIE or DRIE renewal application if they submit the Department's Certification Without A Renewal Lease form with their SCRIE or DRIE renewal application and explain why the tenant is not able to provide a renewal lease. The completed and signed form must be submitted with acceptable proof of tenancy for the apartment. (1) When a tenant's renewal application without lease renewal documentation form is approved the tenant will continue to receive the same monthly benefit and the building owner will receive the same tax abatement credit for the renewal period. The tenant will be required to pay for any increase in rent for the renewal period until a lease signed by the tenant and landlord and other evidence of the rent amount is provided to the Department. If the tenant is subsequently able to provide a copy of a lease signed by the tenant and other evidence of the rent amount during such renewal period, the tenant will receive retroactive monthly benefits so that the tenant will receive the same benefits they would have received if such signed lease and rental evidence had been provided in a timely manner. The tax abatement credit due to the building owner for the renewal period will be adjusted. For example: The legal regulated rent for an apartment for the previous lease was $1,000 per month and the frozen monthly rent was $800. If the legal regulated rent is increased by two percent, the legal regulated monthly rent will be increased to $1,020. If the tenant is unable to provide a lease signed by the tenant and other evidence of the rent amount to the Department, the tenant will be required to pay the $20 rent increase and pay a monthly rent of $820 until such a lease is provided by such tenant. If the tenant is able to provide such signed lease and rental evidence during this renewal period, the monthly frozen rent the tenant will be required to pay will be reduced to $800 for the entire term of the renewal period and the tenant will receive retroactive benefits of $20 for each month they paid a monthly rent of $820. (2) A Certification Without a Renewal Lease form cannot be utilized for more than two consecutive lease periods, unless the tenant provides a HCR order or court order which proves that the tenant has a right to live in the apartment and such order specifies the rent to be paid. (3) Tenants living in rent controlled apartments are required to provide a copy of the notice of maximum collectible rent ("MCR") for the prior and current year with their initial and renewal applications. If the tenant is not able to provide a new MCR for a renewal application, the Department will continue to utilize the most recently submitted MCR. (4) A tenant may submit more than one initial application and, if applicable, more than one renewal application each calendar year. (h) SCRIE or DRIE Apartment Benefit Transfer Application. If a current SCRIE or DRIE beneficiary has moved out of the apartment currently associated with their SCRIE or DRIE benefits, such beneficiary may transfer such benefits to a new apartment by submitting a fully completed SCRIE or DRIE apartment benefit transfer application to the Department. The calculation for the dollar amount of the benefit being transferred from the previous apartment to the new apartment is governed by 19 RCNY § 52-17. For example: If the monthly legal regulated rent for the previous apartment is $800 and the monthly TAC is $200, the SCRIE or DRIE beneficiary would have paid a frozen rent of $600 per month. If the rent for the new eligible apartment is $1,000, the TAC is still $200 and the SCRIE or DRIE beneficiary would be required to pay a frozen rent of $800 per month (i.e. $1,000 minus $200). (i) SCRIE or DRIE Redetermination Application. If a current SCRIE or DRIE beneficiary has experienced a permanent decrease, as defined in 19 RCNY § 52-15, of 20% or more of their total combined household income as compared to the income that was reported in their last approved SCRIE or DRIE application, then such beneficiary may submit a fully completed SCRIE or DRIE redetermination application in order to adjust the beneficiary's frozen rent. (j) SCRIE or DRIE Application for Benefit Takeover. If a current SCRIE or DRIE beneficiary has permanently vacated the household or has died, a remaining or surviving member of the household may assume the SCRIE or DRIE benefit by submitting a fully completed SCRIE or DRIE application for benefit takeover to the Department. (k) SCRIE to DRIE or DRIE to SCRIE Transfer Application. A current SCRIE or DRIE beneficiary may transfer their current SCRIE benefit to a DRIE benefit or current DRIE benefit to a SCRIE benefit by submitting a fully completed SCRIE to DRIE or DRIE to SCRIE transfer application to the Department provided that a tenant may not receive both SCRIE and DRIE benefits simultaneously. Transferring from one benefit to another will not affect the frozen rent. (l) SCRIE or DRIE Tax Abatement Credit (TAC) Adjustment Application for Tenants. A current SCRIE or DRIE beneficiary may apply for an adjustment to the TAC amount by submitting a fully completed SCRIE or DRIE tax abatement credit adjustment application. (m) SCRIE and DRIE Application for Appeal. A SCRIE or DRIE tenant or agent may appeal a SCRIE or DRIE determination by submitting a SCRIE and DRIE Application for Appeal. (Added City Record 5/14/2021, eff. 6/13/2021)