§ 52-17 Move or Transfer (Portability) to New Apartment.
RCNY § 52-17
(a)If a DRIE beneficiary moves from one eligible apartment to another eligible apartment, whether the new apartment is in the same building or in a different building, and the tenant otherwise remains eligible for DRIE benefits, such beneficiary's DRIE order can be continued for the new apartment without interruption but the tenant must submit an Apartment Benefit Transfer Application for approval by the Department. Provided that the rent that the tenant will be required to pay may change. The DRIE TAC will be the least of the following: (1) the difference between the monthly frozen rent set forth in the current rent exemption order for the old apartment and the monthly legal regulated rent for the new apartment (this amount cannot be less than zero); (2) the monthly TAC for the old apartment; or (3) the difference between one-third of the monthly total aggregate household disposable income and the new monthly rent in the new apartment.
(b)If a SCRIE beneficiary moves from a rent controlled apartment to a rent stabilized apartment or from a rent stabilized apartment to a rent controlled apartment, whether the new apartment is in the same building or in a different building, and the tenant otherwise remains eligible for SCRIE benefits, such beneficiary's SCRIE order can be continued for the new apartment without interruption. Provided that the rent that the tenant will be required to pay may change.
(1)The SCRIE TAC will be the least of the following: (i) the difference between the monthly frozen rent amount set forth in the current rent exemption order for the old apartment and the monthly legal regulated rent in the new apartment (this amount cannot be less than zero).
(ii)the monthly tax abatement credit for the old apartment.
(iii)the difference between one-third of the monthly total aggregate household disposable income and the new monthly legal regulated rent in the new apartment. This calculation method will not be utilized for SCRIE or DRIE renewals which have been in effect since January 1, 2015 or took effect on or before July 1, 2015. For example: The frozen rent the tenant is required to pay pursuant to the rent exemption order is $550. The legal regulated rent for the old apartment is $650. The legal regulated rent for the tenant's new apartment is $750. The tenant's annual total aggregate household disposable income is $18,000 ($1,500 per month). The TAC for the new apartment will be the lowest of the three calculations set forth below: (i) $200 ($750 (legal regulated rent for the new apartment)) minus ($550 (frozen rent for the old apartment)).
(i)$0 ($650 (legal regulated rent for the new apartment) minus ($700 (frozen rent for the old apartment)) (ii) $50 ($750 (legal regulated rent for the old apartment) minus ($700 (frozen rent for the old apartment)) (iii) $250 ($750 (legal regulated rent for new apartment) minus ($500 (1/3 of $1,500 monthly income)). The lowest increase amount is $0. The frozen rent the tenant will be required to pay pursuant to the amended rent exemption order, therefore, is $650.
(2)If a SCRIE beneficiary moves from a 467-c apartment it will be necessary for the tenant to submit a SCRIE Apartment Benefit Transfer application to the Department since the SCRIE tenant's benefits are administered by HPD. The tenant must include in the application a copy of the SCRIE order issued by HPD.
(3)If a SCRIE beneficiary moves from a rent controlled or rent stabilized apartment to 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, it will be necessary for the tenant to contact HPD and comply with their apartment portability procedures.
(c)The portability application must be submitted within 120 days from the date the tenant moved into the new apartment. The deadline for submission will be extended upon a showing of good cause or for need for more time as a reasonable accommodation for a tenant's disability as defined in 19 RCNY § 52-02. (Added City Record 5/14/2021, eff. 6/13/2021)
