§ 52-14 Benefit Takeover.
RCNY § 52-14
(a)A surviving member of the household, who has not already been determined to be an eligible head of the household as described in 19 RCNY § 52-07 will be required to submit a benefit takeover application if a head of the household who holds a current valid rent exemption order dies or permanently leaves a household, in order to transfer SCRIE or DRIE benefits into the name of such surviving head of the household. Such benefits will continue on an uninterrupted basis if the surviving member of the household applying for a benefit takeover meets all of the requirements, set forth below, on the date a head of the household either died or permanently vacated the household. A surviving member of the household will not need to submit a benefit takeover application to continue to receive SCRIE or DRIE benefits on an uninterrupted basis if they have already been determined to be a head of the household in accordance with the requirements set forth in 19 RCNY § 52-07.
(1)The surviving member of the household who is eligible for SCRIE or DRIE benefits or their representative must submit an application for benefit takeover, unless determined to be a head of the household pursuant to 19 RCNY § 52-07, to the Department within 6 months of the death or permanent departure from the home of the head of the household or within 90 days from the date of the notice from the Department concerning the head of the household's death, whichever is later. Such notice shall include an explanation of the process to transfer the exemption to a surviving eligible member of the household and the time period to do so, accompanied by the form which must be completed and submitted to transfer the exemption. The deadline for submission will be extended upon a showing of good cause or need for more time as a reasonable accommodation for a tenant's disability as defined in 19 RCNY § 52-02.
(2)If the surviving member of the household was not listed as a household member and moved into the apartment after the most recent Department SCRIE or DRIE benefits approval, such member of the household may submit an application for SCRIE or DRIE benefits if inclusion of their income in the total aggregate household income meets the income eligibility requirements.
(b)A surviving member of the household that wishes to assume the SCRIE or DRIE benefits of a head of the household who has died or permanently vacated the household must meet the following criteria. Such member must: (1) be named on the lease or rent order or provide written proof that they reside in the apartment; (2) be at least 18 years old for DRIE and 62 years old for SCRIE benefits; (3) meet the eligibility requirements for SCRIE or DRIE benefits; (4) have a combined aggregate disposable income less than or equal to 50,000 dollars for all members of the household for the income tax year immediately preceding the date of submitting the benefits takeover application to the Department, beginning July 1, 2014; and (5) provide documentary evidence acceptable to the Department that a head of the household to whom a rent exemption order is currently in effect has died or has permanently vacated the household. Such documentary evidence will include, but is not limited to the following: (i) A death certificate for such head of the household.
(ii)A letter from nursing home stating that such head of the household has permanently vacated the household and is a resident of the nursing home.
(iii)A court order showing that such head of the household has permanently vacated the household.
(iv)An affidavit or notarized letter from either the surviving member of the household or the former head of the household attesting to the fact that such head of the household has permanently vacated the household along with documented evidence of residency for their new dwelling. Such documentary evidence will include, but not be limited to; written signed lease for new dwelling, New York State or New York City identification card or utility bill.
(v)A letter from the landlord stating that such head of the household has died or permanently vacated the household.
(vi)If the documentary evidence set forth in subparagraphs (i) through (v) of this paragraph cannot be provided, a head of the household will be considered to have permanently vacated the household if such head of the household has vacated the household on an uninterrupted basis for a period of two years.
(c)If a benefit takeover application is approved, the new head of the household will continue to pay the same frozen rent and will receive a rent exemption order for the remainder of the tax abatement approval period except as otherwise provided by these rules. If a benefit takeover application is denied, the rent exemption order and corresponding TAC will be canceled as of the first day of the month following the date the former head of the household either died or permanently vacated the household and the tenant will be required to pay the rent that would have otherwise been in effect in the absence of such rent exemption order.
(d)A benefit takeover applicant must indicate on the application if they want to request that the frozen rent be adjusted because a head of the household has died or permanently vacated the household as required by 19 RCNY § 52-15. (Added City Record 5/14/2021, eff. 6/13/2021)
