Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC AC § 26-509.1?

Quick Answer

This section outlines the requirements for notices regarding rent increase exemptions and tax abatements, including eligibility notifications to landlords and renewal information for tenants. The responsible agency is tasked with administering these provisions. Applies to landlords and tenants involved in rent increase exemption programs.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

§ 26-509.1 Notice of rent increase exemption and tax abatement.

AC § 26-509.1

a. Definitions. For the purposes of this section, the following terms have the following meanings: Available data. The term “available data” means data that is within the possession of the responsible agency and that such agency may use, obtain, or disclose, as applicable, for the purposes of this section, pursuant to law, rule, or an agreement. Identified head of household. The term “identified head of household” means a person who has been granted program rent benefits that the responsible agency has determined, based on available data, is a head of the household, as such term is defined in section 467-b of the real property tax law. Identified landlord. The term “identified landlord” means a person whom the responsible agency has determined, based on available data, is a landlord or owner of a dwelling unit subject to the provisions of this chapter, other than a landlord of a dwelling unit for which the department of housing preservation and development administers program rent benefits. Program rent benefits. The term “program rent benefits” means a rent increase exemption order issued pursuant to subdivision b of section 26-509. Program tax benefits. The term “program tax benefits” means a tax abatement authorized pursuant to section 26-509. Responsible agency. The term “responsible agency” means an agency responsible for administering the provisions of section 26-509. b. Eligibility notice.

(1)The responsible agency shall provide a notice of potential eligibility in accordance with this subdivision to each identified landlord at least 2 times each year, in a form and manner determined by the responsible agency. Such notice may be provided electronically.

(2)The notice of potential eligibility shall read substantially as follows: “YOU MAY BE ELIGIBLE FOR A TAX ABATEMENT IF ANY OF THE TENANTS IN A DWELLING UNIT ON YOUR PROPERTY RECEIVES A SENIOR CITIZEN RENT INCREASE EXEMPTION OR A DISABILITY RENT INCREASE EXEMPTION IN THE AMOUNT OF FORGONE RENT DUE TO SUCH AN EXEMPTION. For further information please contact (insert the responsible agency).” The responsible agency shall include information regarding program tax benefits with such notice. c. Renewal information notice.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 26-509.1?

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters