§ 52-07 Head of the Household Benefit Takeover Procedures.
RCNY § 52-07
(a)If a head of the household has died or permanently vacated the household, a tenant remaining in the eligible apartment will be deemed eligible to become the head of the household if such tenant receives approval from the Department for a benefit takeover as defined in 19 RCNY § 52-14.
(b)If a head of the household is either married or a member of a registered domestic partnership at the time of their most recently approved initial or renewal application was filed, then such spouse or partner will be deemed to be the new head of the household, when the previous head of the household has either died or permanently vacated the household, if they: (i) met the eligibility requirements for SCRIE or DRIE benefits at the time such approved initial or renewal application was submitted to the Department; and (ii) was included in such application as a member of the household.
(1)The head of the household's spouse or registered domestic partner does not need to be named on the lease or rent increase exemption order to be eligible to become the head of household.
(2)Benefit Takeover Applications.
(i)If the current head of the household in the marriage or registered domestic partnership dies or otherwise permanently leaves the apartment then the other spouse or domestic partner residing in the apartment at the time such event occurs, will not be required to submit a benefit takeover application.
(ii)If a head of the household's spouse or registered domestic partner does not meet the requirements set forth in subdivision (b) of this section at the time of the approval of the most recent SCRIE or DRIE application, but they meet the SCRIE or DRIE eligibility requirements at the time a head of the household either died or permanently vacated the household, they must submit a benefit takeover application as defined in 19 RCNY § 52-14.
(c)If the surviving head of the household has incurred a permanent decrease in aggregate disposable income in an amount that exceeds 20 percent of aggregate household disposable income since the last approved application, it will be necessary for the surviving head of the household to submit a benefit takeover application to the Department for approval in order to request that the rent payable by the surviving head of the household be reduced as set forth in 19 RCNY § 52-15. For DRIE applicants residing in an apartment in a building which was subject to a mortgage insured, or initially insured by the federal government pursuant to section 213 of the national housing act, as amended, "head of the household" is limited to that person or his or her spouse who was entitled to possession and occupancy of such apartment at the time of termination of such mortgage. The DRIE benefit for this type of apartment cannot be transferred to any other person except such beneficiary's spouse. (Added City Record 5/14/2021, eff. 6/13/2021; amended City Record 2/24/2023, eff. 3/26/2023)
