§ 52-15 Rent Redetermination.
RCNY § 52-15
If a SCRIE or DRIE beneficiary has had a permanent decrease in their income, such beneficiary may apply to the Department for rent redetermination.
(a)In order for a decrease in income to be considered a permanent decrease in income, the head of the household or their representative must submit documentary evidence acceptable to the Department.
(1)The following events constitute a permanent decrease in income: (i) a member of the household has died; (ii) a member of the household has permanently moved to a nursing home; (iii) a member of the household has permanently retired or has a permanent disability; or (iv) a member of the household is no longer receiving social security disability income benefits.
(2)Such documentary evidence shall include, but not be limited to, a long term lease or letter of employment for the member of the household that has permanently vacated. A letter stating that a member of the household has permanently vacated the household will not be sufficient documentary proof. Any decrease of income from a roomer, boarder or subtenant will not be eligible for consideration as a permanent decrease in income. The loss of a job for a member of the household will in itself not constitute a permanent decrease of income.
(b)Applications cannot be submitted for rent redeterminations during the first twelve months the head of the household is receiving benefits except when a remaining member of the household is determined to be a head of the household pursuant to either 19 RCNY § 52-07 or 19 RCNY § 52-14.
(c)If there is a permanent decrease in total aggregate household disposable income in an amount that exceeds 20 percent of such total aggregate household disposable income as represented in the head of the household's last approved SCRIE or DRIE application for a rent exemption order or for renewal thereof, the head of the household or the head of the household's representative must submit a Department rent redetermination application within six months of the date that the tenant sustained a permanent decrease in total aggregate household disposable income. 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.
(d)If the permanent decrease in total aggregate household disposable income is a result of a benefit takeover, the tenant or the tenant's representative submitting the benefit takeover application will also have to complete the redetermination section of the benefit takeover application and provide required household disposable income documentation in order to have the rent they are required to pay redetermined by the Department.
(e)Upon approval of a Department redetermination application, the rent will be redetermined so as to reestablish the ratio of adjusted rent to total aggregate household disposable income which existed at the time of such head of the household's last approved application, initial or renewal, except that in no event shall the amount of adjusted rent be redetermined to be less than one third of disposable income except: (1) if the head of the household does not receive a monthly allowance for shelter pursuant to the social services law and has been granted a rent exemption order that takes effect on or before July 1, 2015; or (2) in the case of a head of the household who receives a monthly allowance for shelter pursuant to such law, less than the maximum allowance for shelter which such head of the household is entitled to pursuant to the social services law. Example: Total aggregate household monthly income was $2,000. One of the members of the household dies and the total aggregate monthly income is now $1,200. The frozen rent the tenant was required to pay was $800. The new frozen rent is $480. The calculation is as follows: Old income: ($2,000) minus new income ($1,200) = change in income ($800) Percentage of reduction in income: $800/$2000 = 40% The equivalent corresponding 40% reduction in rent is calculated as follow: Old rent ($800) times 40% = ($320) New Reduced Rent ($800 - 40% rent reduction ($320) = $480 For rent controlled or rent stabilized apartments, a decrease in total aggregate household disposable income shall not include any decrease in such income resulting from the manner in which such income is calculated pursuant to amendment to the definition of income in real property tax law section 467-b. For 467-c apartments, a decrease in total aggregate household disposable income shall not include any decrease in such income resulting from the manner in which such income is calculated pursuant to amendment to the definition of income in real property tax law section 467-c. (Added City Record 5/14/2021, eff. 6/13/2021)
