What's happening
This bill allows retroactive calculation of rent increase exemptions for eligible senior and disabled tenants in New York City.
Why it matters
Addresses missed opportunities. This bill ensures that senior and disabled tenants who were eligible for rent increase exemptions but did not apply immediately can still have their benefits calculated from their initial eligibility date (if they apply within two years), rather than from the later date they actually submitted the application. This helps tenants who may have missed out on benefits due to lack of awareness or delays.
Limits retroactive scope. For those applying more than two years after becoming eligible, the exemption calculation starts two years prior to the application date, preventing excessively long retroactive claims while still offering some backdated relief.
No repayment of past rent. The bill clarifies that tenants cannot seek reimbursement for rent increases already paid before they applied; the retroactive calculation only affects future rent obligations, providing certainty for both tenants and landlords.
Potentially increases access and equity. By making the exemption more accessible to late applicants, the bill aims to reduce barriers for vulnerable populations who may face challenges in navigating government programs, thereby promoting housing stability and affordability.
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Who cares
Headline styles
Retroactive Rent Relief for Seniors
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to aging
- Delivered to assembly
- Passed senateVote 60–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.92
- Referred to housing, construction and community development
- Returned to senate
- Died in assembly
- Referred to aging
- Delivered to assembly
- Passed senateVote 61–0
Show 5 earlier actions
- Amended on third reading (t) 5881b
- Amended on third reading (t) 5881a
- Ordered to third reading cal.808
- Committee discharged and committed to rules
- Referred to housing, construction and community development
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5881--B Cal. No. 808
2017-2018 Regular Sessions
IN SENATE
May 4, 2017
Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development -- committee discharged and said bill committed to the Committee on Rules -- ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- again amended and ordered reprinted, retaining its place in the order of third reading
AN ACT to amend the administrative code of the city of New York, in relation to providing for retroactive benefit calculation for the senior citizens rent increase exemption and disability rent increase exemption
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 26-605 of the administrative code of the city of New York is amended by adding a new subdivision (c-1) to read as follows:
(c-1) For any eligible head of household who submits an application for a rent increase exemption order pursuant to subdivision (a) or (b) of this section, the date of such application shall be deemed to be (i) the date of the applicant's initial eligibility for a rent increase exemption order, if the actual date of submission of the application is two years or less after such date of initial eligibility, or (ii) the date which is two years prior to the actual date of the submission of the application, if such application is submitted more than two years after the applicant's date of initial eligibility for a rent increase exemption order, and the calculation of such rent increase exemption, prospectively, shall be based upon the applicant's initial date of eligibility and not upon the date of such application, provided, however, that the provisions of this subdivision shall only apply to the calculation of benefits and no prior rental payments attributable to any rent increase prior to the date of application shall be subject to recoupment.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11043-04-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the administrative code of the city of New York, in relation to providing for retroactive benefit calculation for the senior citizens rent increase exemption and disability rent increase exemption
Purpose or general idea of bill
To provide retroactivity to the original date of eligibility for the Senior Citizens Rent Increase Exemption (SCRIE) and the Disability Rent Increase Exemption (DRIE) programs.
Summary of provisions
Section 1: Amends Subsection 26-605 of the administrative code of the City of New York by adding subdivision (c-1), which allows for any eligible head of household who submits an application for a rent increase exemption order pursuant to subdivisions (a) and (b) of this section to have their application deemed to have occurred on the:
Read the full memo (672 words)
-the date of the applicant's initial eligibility for a rent increase order, if the date of submission is two years or less after such date of initial eligibility; or
-the date of which is two years prior to the actual date of the submission of the application, if such application is submitted more than two years after the applicant's date of initial eligibility for a rent increase exemption order.
Also provides that the rent increase exemption shall be based upon the applicant's initial date of eligibility and not upon the date of application, and that no prior rental payments attributable to rent increases prior to the date of application shall be subject to recoupment.
Section 2: Sets forth an immediate effective date.
Justification
The SCRIE program was established in 1970 to provide rent exemptions to senior citizens impacted by rent increases. Under the SCRIE program, eligible applicants age 62 and older have their rent frozen on the first day of the month following the filing of their original application. The SCRIE program also reimburses landlords with real property tax credits equal to the amount in forgone rent.
Likewise, the DRIE program provides an exemption against future rent increases for eligible disabled persons living in rent-controlled, rent-stabilized, Mitchell-Lama and other eligible apartments, beginning on the first of the month following approval of the DRIE application. Landlords of DRIE tenants will also be given tax credits to make up the difference between the frozen rent and what the DRIE tenants would be paying without the benefit.
Under existing state law, municipalities have the option to provide SCRIE and DRIE benefits to individuals with household incomes of up to $50,000. In New York City in particular, rising living costs have brought forth rent increases in rent-stabilized and rent-controlled apartments, and rent regulated hotel units at a yearly rate of 3.75 percent for a one-year lease and 7.25 percent for a two-year lease.
According to the New York City Department of Finance, 47,475 senior citizen renters were benefiting from the SCRIE program in 2012. Under current program standards, SCRIE and DRIE only begins to freeze rent on the first day of the month that an application is received regardless of how far past the date of original eligibility that the applicant is at the time of acceptance. Anecdotal evidence suggests that many senior citizens and individuals with a disability were past eligibility at the time of acceptance, but had continued to see their rent increase in the years prior to their enrollment into the program.
To rectify this reoccurring problem, this bill would make sure that applicants who enrolled in the SCRIE or DRIE programs after their original date of eligibility will receive a rent reduction beginning with the first day that they became eligible for such benefits. The SCRIE and DRIE rollback would ensure that seniors and individuals with disabilities receive benefits that they were entitled to, even though they may have not been officially enrolled in the benefit programs during a period where they were otherwise eligible to apply for them.
Prior legislative history
2017 - S.5881 - New Bill 2015-2016 - A.3137 - Referred to Aging.
Fiscal implications for state and local governments
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.