What is a rent-stabilized apartment?


Rent stabilization is a program that regulates the rents of certain privately-owned apartments in New York, and gives tenants other rights. If you are rent-stabilized, there are limits to how much your rent can be increased, and there are only certain reasons why your landlord can try to ask you to leave or try to evict you.

Rent-stabilization is not a subsidy and the rent may not be affordable to you, but the program does give you protections that tenants in unregulated apartments don’t have.


Your apartment is likely rent-stabilized if:

• It has six (6) units or more
• It was built before 1974 or under a tax abatement such as 421a or J51 
• The apartment was not legally deregulated before June 2019

How do I know I’m rent stabilized?


While it’s not a guarantee, a good signal that you are rent-stabilized is:

• Your building is privately-owned (not public housing or a non-profit organization)
• Your building has at least six apartments, and was built before 1974.
• Your rent is an unusual number – for example: $1187.59, rather than a round number like $1,200. Rent-stabilized apartments can only go up a certain percentage every year, causing the maximum legal rent to quickly become unusual.
• You sign a one-year or two-year lease renewal, and your rent goes up by a certain percentage. This year’s increases were 0% for a one-year lease and 0% for a two-year lease. This increase starts Oct 1 each year.
• People in your building pay different amounts of rent for apartments that are similar in size.

The only way to know if you are rent-stabilized is to get your Rent History.

It seems like my apartment should be rent stabilized, but my lease says that it is not. What’s the deal?


It’s possible that your landlord is claiming that your apartment is not rent-stabilized, even though it should be. The first thing to find out is whether your landlord has been registering your apartment as rent-stabilized with the New York State Homes & Community Renewal (HCR). Click here to request your rent history.

What is a rent overcharge?

There is a maximum legal rent for each apartment, based on the unique history of that apartment. It’s not based on the apartment’s size, nor the going rent of apartments in that area, nor the income of the tenant. Rents can be increased by small amounts every time the lease is renewed, and by larger amounts every time there is a new tenant or the apartment is renovated.

To find out the legal rent for your apartment, start by asking the New York State Homes and Community Renewal (HCR). That is the state agency in charge of overseeing rent-regulated apartments. The agency does not check to find out if the landlord is charging the legal rent. It’s up to you as the tenant to find out.

How can I find out what the legal rent of my apartment should be?

Landlords of rent-stabilized buildings are required to register the rents they charge with the New York State Division of Housing and Community Renewal (DHCR). They may or may not be registering the correct amount, but the first thing you need to do is find out what they have registered.

1) Get a copy of your apartment’s rent history from the DHCR.

You can get this in one of two ways:


1. BY PHONE: Call DHCR and ask them to mail your rent history to you: NYS HCR- 833) 499-0343, Text “MCH” to (855) 610-2450

2. IN PERSON: Visit a rent office. DHCR has offices in the Bronx, uptown and downtown Manhattan, Brooklyn, and Queens, and you can get your rent history from any office. You must have valid government-issued photo ID (drivers license, etc) and a copy of your lease.

• Bronx Borough Rent Office: 2400 Halsey Street, 1st Floor, Bronx, New York 10461 Phone:
• Brooklyn Borough Rent Office: 55 Hanson Place, Room 702, Brooklyn, New York 11217 Phone: 718-722-4778
• Manhattan (Uptown): Adam Clayton Powell, Jr. Office Building, 163 West 125th St, 5th Floor, New York, New York 10027, Phone: 212-961-8930
• Manhattan (Downtown): 25 Beaver Street, 5th Floor, New York, New York 10004, Phone: 212-480-6238
• Queens: Gertz Plaza, 92-31 Union Hall Street, Jamaica, New York 11433, Phone: 718-739-6400

2) Look at your rent history. It will show the registered rents for your apartment going back to 1984. (The registration may be missing for certain years.)

If you moved into your apartment six or less years ago, you may be able to challenge the legal rent for your apartment. If the previous tenant was paying much less than you are, it may be worth a closer look – for example, if the last tenant was paying $600, and your first rent was $1,100.
Prior to June of 2019, landlords automatically get to raise rents 20% when a new tenant moves in. So if the tenant before you paid $750 per month, the landlord is automatically allowed charge you $900. Landlords also get to raise rents a certain percentage if they make renovations to the apartment.

Sometimes landlords claim that they did renovations when they actually did not. A sudden jump in the rent could be an indication of an illegal rent increase – you’ll have to do further research in order to find out.

The law about IAIs has changed several times recently, on June 14, 2019, for the better and now on April 20, 2024, for the worse.

Two Tiers of IAI Caps:


• Tier 1: $30,000 for all apartments, amortized over 15 years, an increase of up to $179 a month
• Tier 2: apartments must have been vacant for 2022, 2023, and 2024, and apartments where the prior tenant has lived in the unit for 25 years or more. $50,000 amortized over 15 years, an increase of up to $347 a month

What can I do if I think I am being overcharged?

You have up to 6 years to challenge an overcharge. Winning means you can get trebles (3x) damages. This is true even if the landlord offers to pay back the overcharge. Also it establishes the ‘base rent’ as the amount in the last RELIABLE registration

You may want to talk to a lawyer about your options. Getting free legal representation can be difficult. You may want to get the help of an advocate who works for one of your local elected officials, like your City Councilmember, State Assemblymember, or State Senator. Find out who your elected officials are by calling 311.
If you’re going to be in court before you have a chance to talk with a lawyer or advocate, you may want to ask for an adjournment – which means that you’re asking to re-schedule your court date – in order to get more time to look into the matter.

Two options – choose carefully:


There are two ways to challenge your rent, and the better option is not always the same for each tenant. You may want to consult a lawyer about which option is better for you.

• You may be able to raise the issue of an overcharge as a defense in your housing court eviction case.
• You can also challenge your legal rent through DHCR by filing form RA-89 “Tenant’s Complaint of Rent and/or Other Specific Overcharges in Rent Stabilized Apartments”.

What is a one-shot deal?

A one-shot deal is a one-time payment from the Human Resources Administration (HRA) to pay back rent in order to avoid being evicted. Eligibility criteria for one-shots are complicated, each application is evaluated on a case-by-base basis, but generally, there must be a reason that has prevented you from paying the unexpected expense and you must be able to show how you will pay the expense moving forward. These grants are technically a loan.

How do I apply for a one-shot deal?

You can apply using Access HRA. Or go to the Human Resources Administration (HRA) or Home Base center that serves your area. If you have a marshal’s notice go to the HRA office in Housing Court and see if they can help the application process go faster.

Do I need to be facing eviction or have a court case?

You are not required to have a case in Housing Court. Your application will be considered if you receive a demand letter from the landlord. The process can take a long time, so apply as soon as possible.

What do I need to have for the application?

1. Court papers or demand letter from your landlord
2. A breakdown from the landlord showing month-by-month amounts
3. Proof of Income or award letters for every member of the household and/or SSI/SSA award letter
4. Savings and checking account information
5. Lease
6. Birth certificate and social security card for everyone in the household
7. Utility bills
8. Proof of an emergency that caused you to owe rent (medical bills, funeral expenses, proof of loss of income)
9. Check or money order for your share of back rent

What if I can’t afford to pay my rent going forward?

To qualify for a one-shot deal you need to show that you can pay your rent going forward. If you can’t pay the rent going forward, you will need a family member or friend to help you pay your future rent. This person is called a “third party”.

They will need to sign documents promising to help you pay the rent. If the “third party” does not pay, HRA will not go after them for the money but it will be very difficult to get an one-shot deal again.

Can I get more than one, one-shot deals?

You can apply for a one-shot deal even if you had one in the past. If you had a one-shot deal that you did not pay back, you may have trouble getting another one. If you made payments you will have a better chance. You need to show HRA a new reasons for falling behind.

Will I have to pay back my one-shot deal?

HRA typically isn’t very strict regarding repayment and (according to NYLAG) has not taken any legal action against tenants who were unable to pay back a One-Shot Deal. Repayment will be based on your monthly income and can be adjusted and even put on hold depending on circumstances. The determination notice will inform you whether or not the grant must be repaid under State law. Under state law, most people will have to pay HRA back at least some of the money, though clients receiving SSI are not required to repay emergency grants and certain kinds of arrears do not have to be repaid.

How long will it take to receive a decision?

It can take several months, keep following up. If you do not receive a decision after this time, check back with the office that submitted your application. If you have problems receiving a decision, contact an elected official to advocate on your behalf. 

What is an MCI rent increase?

MCI stands for Major Capital Improvement. When your landlord applies for an MCI rent increase, they are asking for a rent increase on rent-stabilized and rent-controlled units for building-wide improvements. This increase must be approved by DHCR and tenants have tools to fight MCI rent increases.

How can I fight an MCI rent increase?

If your landlord has applied for an MCI rent increase, you and all the other rent-regulated tenants in the building will receive a one-page notice of filing in the mail from the Division of Housing and Community Renewal. You have an opportunity to respond in writing (called an ‘answer’) to the landlord’s application to DHCR, raising objections to the way the work was done, how it was paid for, and any other mistakes the landlord made. We recommend doing this as a tenant association if your building has one, and if it doesn’t – this is a good reason to start one!

This notice from the DHCR only contains the barest information about the landlord’s application. The notice will explain what the improvement was and how much the landlord paid for it and calculate the proposed per-room monthly rent increase. At this point in the proceeding, DHCR has not approved any of the landlord’s figures and they are all challengeable. The landlord must file with the DHCR for the increase only after the work has been completed, but not more than two years after the work was completed. If granted, the effective date of the application will be set retroactive to 30 days after the landlord filed the application, but tenants do not have to pay until the DHCR approves the application and mails rent increase orders to all of the tenants. The approval process takes from about one month to one year from the time the landlord applies.

What are the first steps in answering an MCI application?

Ask for an extension:

You will probably need more time than the allowed 30 days to answer your landlord’s rent increase application. To get a 30 day extension, write to the main rent office (at Gertz Plaza in Queens) of the DHCR. You can ask for more than one extension. Each one lasts 30 days but you will need a good reason for the DHCR to grant the second extension. Send your request for an extension, and all correspondence, by certified mail, return receipt requested. Always put your docket number on all correspondence. You can deliver it in person, but get the agency to stamp a copy so you have proof that it was received.

Examine the landlord’s entire MCI application file.

This file will be either in the management’s office in your building or at the DHCR’s main office in Queens (use the DHCR’s copy if at all possible). This file will have the llandlord’s full application and copies of all the invoices, canceled checks, permits, and affidavits from all contractors who performed the work: these items must be sent to the DHCR in order for the agency to allow the rent increase. If you need to look at the application file at the DHCR, you must file a Freedom of Information Law request (FOIL Form FS-1) to get access to it. Because the DHCR takes a long time to answer your request, you will need at least one extension for the FOIL. When you write for an extension, send in the completed FOIL request form (which you can get from the DHCR) at the same time, and include a cover letter which says you need to examine the file before your tenants’ association can complete its answer.

If there are violations in your building, file a complaint of decrease in services form with the DHCR.

Be sure to file a form for building-wide complaints as well as individual (each tenant in the association), and request a rent decrease. Make sure you first complain to the landlord in writing. You must furnish proof to the DHCR that you have complained of the violation to the landlord. The DHCR might send an inspector (the agency has very few) to confirm your complaint. If you get a rent reduction order for violations, the landlord’s MCI application will be rejected or delayed. Although the landlord can re-file, the delay will save you money by putting off the payment date.

What can I write in my answer?

Look at the work that was done and the application file and object to the landlord’s claims based on the following applicable points. Be sure to look carefully at the file to make sure all invoices, canceled checks, work permits, and affidavits are there. Regulations adopted by the DHCR in December of 2000 require tenants to hire an engineer or architect or to get the signatures of 51% of the tenants to make the claim that the job was not completed or is not in good working order.

The following are possible arguments to challenge an MCI application:

Does the work qualify for an MCI rent increase?

• The work was not for the “operation, preservation and maintenance of the building” and would not be “depreciable under the Internal Revenue Code.” The DHCR has a list of jobs which qualify for MCI increases.
• The work doesn’t benefit all of the tenants and or is not building‑wide (example: the landlord only replaced windows on the north side of the building).
• Was the work completed in the two years previous to the landlord applying for the increase? The landlord cannot apply for increases for work completed more than two years before.
• A system was replaced which had not out-lived its useful life (for example, the boiler that was replaced was only 2 years old). Refer to DHCR Fact Sheet #33: Useful Life Schedule for Major Capital Improvements.
• The work done was cosmetic, and it was not necessary to cover work on something that was a real MCI. For example, if the landlord replaced the front door and plastering was necessary to repair appearances, that’s allowable. However, if the landlord simply wall‑papered the vestibule without replacing doors or intercoms, that work does not qualify for an increase.

Was the work done right?

• The improvement doesn’t work or was never finished. Does the new roof leak? Can you use the new mailboxes? Does the buzzer system work for all of the apartments? Do you get constant hot water now that the boiler has been replaced?
  
  

How did the landlord pay for the increase? Is this properly documented?

• Was the work done by the super, the owner or a company owned by the landlord or his/her family? If so, the landlord can’t pass on regular labor costs.
• Were the improvements paid for out of the reserve fund if the building is a cooperative? The tenants then don’t have to pay an MCI.
• Are there copies of all bills and canceled checks for the work? Are there copies of all required work and operation permits? Does the landlord have a signed affidavit from all contractors saying that they did the work?
• If the improvements were necessary because of a fire, and the landlord used fire insurance money, the cost cannot be passed onto the tenants. Put the date of the fire in your answer.
• Did the work cost more than industry standards? To find out, check around your neighborhood or community to find out what the general cost of that kind of work is.
• If the landlord received a tax abatement, government grant, or insurance payment – that full amount needs to be fully deducted.

Additional challenges:

• Landlords can not get an increase if 35% or less of the building is still stabilized.
• Are there serious violations in the building? The DHCR will prevent the landlord from getting an increase for improvements until the violations are removed. Be sure to get these violations put on the record by filing a Reduction in Services complaint form with the DHCR. If you cannot get the DHCR to inspect the violations, then try to get inspection reports from other agencies to show that they exist.
• If the building is not registered with the DHCR, the MCI increase will be delayed until the landlord registers the building. In general, if the landlord doesn’t register your apartment every year, there can be no rent increase of any kind. Be sure that you get your annual apartment registration and that the building is registered with the agency.
• If the landlord has been harassing tenants, file a harassment complaint with the DHCR. Also tell the DHCR if the there has been a finding of harassment against the landlord in the past. These can hold off MCI increases.

After filing your building’s answer, you will have to wait to hear the DHCR’s decision. If new evidence comes to light during this period, you may add it to your file by writing to the agency under your docket number. The agency may approve the landlord’s application in total or part, or it may reject it outright.

How does the DHCR increase my rent for the MCI?

If the MCI is approved by the DHCR, all tenants in the building will receive an order with the amount of the increase and what it is for. The DHCR gives only the permanent monthly amount per room per month, not the total rent increase. The DHCR calculates the increase by dividing the amount of money the landlord spent by an amortization period of 144 or 150 months and then by the number of rooms in the building. The final figure is what the agency will send to you, along with an explanation of the landlord’s allowable costs. (While we use the term “amortization” keep in mind that MCI rent increases are permanent additions to your base rent.)

How much can my rent go up based on an MCI rent increase?

Rent stabilized tenants’ rents can only be increased by 2% a year for an MCI. This means that if your MCI increase is higher than 2% of your rent, your increase will be phased in over a period of years at 2% installments, until the entire cost is added to your rent. If the MCI application is disputed, the DHCR can take over a year to approve the application so there might be a retroactive increase.

The following points are important in figuring the rent increase:

• There can be no increase for an apartment if there is a rent reduction order in effect.
• Lease renewal increases are added on to the base rent which includes the total MCI increase
• New tenants do not have to pay the increase (if filed for before they moved in and granted after) unless there is a specific clause in the lease warning the tenant of the MCI application with the docket number.
  
  

If you have a Senior Citizen Rent Increase Exemption (SCRIE), or Disability Rent Increase Exemptoin (DRIE) you don’t have to pay the MCI rent increase.

How can I file a PAR (Petition for Administrative Review) if I disagree with the DHCR’s decision?

You have another chance to challenge the MCI when you get your order. You can file a Petition for Administrative Review (PAR), using the form which should be stapled to the order from the DHCR, within 35 days of the issue date on the order. You must use the same arguments that you used in your original answer. In your PAR (which is read by an administrator, not the same person who read your original answer) you want to argue that the DHCR ignored or unfairly interpreted your answer. Also, add any new information which you could not have gotten during the original answer period.

If your PAR is rejected by the DHCR, your final course of appeal is to file an Article 78 proceeding in the New York State Supreme Court. To do this, you will need a lawyer. You may find that the DHCR rejects the landlord’s application and that the landlord files a PAR or an Article 78. Try to keep yourself informed throughout the process and assist the DHCR where possible.

How can I fight the MCI Rent Increase System?

If the landlord is getting MCI making a lot of improvements, and does not inform tenants of what their rent increases should be, the paper work can become a nightmare for you and other tenants. The complexity can be very discouraging to tenants, and this benefits the landlord by fueling anger and frustration into feelings of ‘what’s the use.’ At Met Council on Housing, we urge tenants to remember that they are not alone.

Let your elected officials know about the MCI for your building. While tenants are fighting their own MCls, they should also join the Metropolitan Council on Housing and any community coalition that is fighting the MCI system.

Tenant attorney Robert Anderson, of Finder, Novick, Kerrigan, Anderson & Palitz, contributed his expertise to this fact sheet.

Late Fees

Is my landlord allowed to charge me a late fee?

If you are a rent-stabilized tenant and the first lease (the one you signed when you first moved in) allows late fees, the landlord can charge them. The late fee cannot be greater than 5% or $50, whichever is less. The landlord cannot add in late fees to renewal leases later if the initial lease didn’t allow for them. (It is a general rule that renewal leases must be on the same “terms and conditions” as the initial lease. See more about rent-stabilized lease renewals)

If you are an unregulated (market-rate) tenant with a lease, the late fee provision must be in the lease. The late fee can not be greater than 5% or $50 which ever is less. If there was not a late fee in your first lease or most recent lease, your landlord can add one at the next renewal.

If you are a tenant in public housing (NYCHA), late fees are not permitted. Many other subsidy programs also do not allow late fees.

There is no late fee indicated in my lease, but my landlord has added a late fee to my rent bill. What should I do?

Your landlord is only entitled to collect a late fee if that fee is outlined in your lease. If your landlord is improperly charging you a late fee on your rent bill, you may want to write “for rent only” on the memo line of your monthly rent check or money order so that your landlord doesn’t credit your payment to the late fees and then claim that you owe additional rent. You also may want to write a letter reminding your landlord that your lease does not permit a late fee, send the letter certified mail, return receipt requested, and keep a copy of your letter and your proof of mailing.

Can I be evicted for non-payment of rent if I don’t pay a late fee?

You cannot sued for late fees in Housing Court as part of a nonpayment eviction.

Be warned that chronic late payment of rent can be the basis of a holdover eviction. (Your landlord can claim that you are a nuisance because you have constantly paid your rent late. You can be sued by your landlord on these grounds even if you are not late or behind in the rent at the point when the court case begins.) Avoid being a defendant in such a case by making on-time rent payments.

My landlord attached a lease rider (or asked me to sign a rider) to my renewal agreeing to a late-fee. Do I have to sign this?

If you are a rent-stabilized tenant, your renewal lease offer must keep the same terms and conditions as the expiring lease unless a change is necessary to comply with a specific law or regulation. In many cases, the easiest thing to do if your landlord attaches a rider calling for a late-fee is to sign the renewal lease form and return that without signing or returning the lease rider at all. When doing so, you may wish to remind your landlord in writing that you are entitled to renew your lease under the same terms and conditions, and are not obligated to sign this type of rider. See more about rent-stabilized lease renewals.

If your apartment is not rent-regulated (if it is market-rate) you may need to re-negotiate the terms when you renew your lease. You are not entitled by law to a lease that contains the same provisions as your previous lease. See more about market-rate lease renewals

How can I apply for SCRIE?

Rent-stabilized and rent-controlled tenants:
The New York City Department of Finance administers the SCRIE program for rent-stabilized and rent-controlled tenants.

To obtain the form:
Download the SCRIE form here or visit the NYC Dept. of Finance’s SCRIE page.
Call 311, New York City’s central information number, and ask the form to be mailed to you.
SCRIE applications are available at many senior centers and other social service agencies.

Mitchell-Lama and Redevelopment Company developments, Article XI co-ops, and Federally-assisted co-ops:

Residents of Mitchell-Lama and Redevelopment Company developments, Private Housing Finance Law article XI (HDFC) co-ops, and Federally-assisted co-ops are covered by SCRIE, but SCRIE applications for residents of these buildings are handled by the Department of Housing Preservation and Development (HPD), not by the Department of Finance. Go here to download the form and obtain other information.

Will SCRIE lower my rent?

No. SCRIE is a program that freezes rents. If you are already paying over 1/3 of your income in rent, your rent will not be lowered, but as long as you remain eligible, you can continue to have your rent frozen at the rent you paid when you first entered SCRIE.

Can I get SCRIE for a good cause eviction protection and unregulated (market-rate) apartment?

No. Senior citizens who rent apartments that are not regulated are not eligible for SCRIE benefits. SCRIE is a program that only covers tenants in rent-stabilized, rent-controlled, Mitchell-Lama and certain other government-assisted developments

How is my income determined for SCRIE? What if I make just over $75,000?

The income limit for SCRIE is based on income after deducting all income and Social Security taxes you paid, as well as union dues and court-ordered support payments. If you had to pay any Social Security taxes or income taxes for the year before you apply for SCRIE, it’s unlikely that your income for the purpose of determining eligibility for SCRIE will be the same as your gross income as shown on your tax return. Before concluding that you don’t qualify for SCRIE, be sure to calculate your net income after subtracting the allowable deductions listed on Section G of the SCRIE application. Also, if your income for the year before you apply was higher than it will be in the current year because you retired last year, you may be found eligible for SCRE based on your post-retirement income, so attach documentation of your pre-retirement and post-retirement income to your application.

Based on my income, it doesn’t look like I can afford my rent and living expenses. Can I get SCRIE if my rent and other expenses are paid for by withdrawals from savings or by gifts from family or friends?

If the income you report on your SCRIE application (which does not include savings withdrawals, gifts, or inheritances) is less than your total rent for the year, you may be asked to document how you can afford to pay the rent, such as by showing that you are drawing on savings or that you have received gifts or inheritances. Stating that you have a source of support that is not treated as income for determining SCRIE eligibility will not affect your right to a SCRIE order, but may require you to provide additional documentation in support of your SCRIE application.

If I wasn’t required to file a federal income tax return, how can I satisfy the requirements of SCRIE?

If you do not file a federal tax return, you must submit proof of each source of income you list on the SCRIE application. Appropriate proofs of income include a Form W-2 for wage income, a Form 1099-SSA for Social Security retirement or disability income; a Form 1099-R for pension or annuity retirement income, an award letter for SSI income, and year-end bank & brokerage account statements for investment income.

If I receive a lump sum payment that puts me above the SCRIE limit, will I lose my SCRIE benefits?

The definition of income for SCRIE specifically excludes gifts, inheritances, and payments made to individuals because of their status as victims of Nazi persecution, but otherwise includes income from all sources, whether subject to income taxes or not. Neither the Department of Finance nor HPD have issued detailed regulations interpreting what is treated as income and what is excluded, so if your situation is not directly addressed by the guidance documents on the Department of Finance’s website, you should consult a tenant lawyer for advice.

If you receive a one-time payment that is not excluded from your income in determining SCRIE eligibility, it may put you above the SCRIE income limit. If you are already in the SCRIE program, you could lose your SCRIE benefits and have to reapply in a later year to have your rent frozen at whatever level it is at then. In subsequent years, the money received as a lump sum will be treated as an asset, not as income. Interest, dividends and capital gains received from assets are included in income, but withdrawals from savings accounts and other investments are not.

If I have a roommate, do I have to report his or her income on my SCRIE application?

A roommate who is not a member of your family and who pays you money to live in your apartment is not treated as part of your household and you do not have to report that roommate’s income on your SCRIE application, but you must report as income the amount of money you received from a roommate.

Can my landlord refuse to honor my SCRIE order?

No. Eligible tenants are legally entitled to SCRIE benefits and landlords do not do not have the
right to refuse to participate or to prevent a tenant from participating in the SCRIE
Program.

What if my landlord does not offer me a renewal lease, but I need to submit a renewal application for SCRIE?

If you are a rent-stabilized tenant receiving SCRIE and your landlord does not offer a renewal lease, you must still submit a renewal application when your SCRIE order expires. In lieu of a renewal lease, you must fill out and submit a Certification By SCRIE Renewal Applicant Without a Renewal Lease along with your renewal application. In addition, you must submit, as proof that you currently reside in the apartment, either a rent bill from the current or previous month or a utility bill in your name from the current or previous month.

If I was denied SCRIE when I first applied, or I was terminated from the SCRIE program, how can I appeal this decision?

You must fill out and submit a SCRIE Appeal Form to the Department of Finance, along with any documentation you have to support your appeal. You may want to get assistance with your appeal from a lawyer or tenant advocate.

When a tenant receiving SCRIE moves or dies and an eligible family member succeeds to the tenancy, can his or her successor continue paying the same SCRIE amount?

There are no automatic succession rights to SCRIE benefits. A surviving or remaining household member may qualify for a transfer of SCRIE benefits, but only if the tenant previously reported the successor’s name and income on his or her SCRIE application or renewal forms. The surviving individual must also meet the basic criteria for eligibility (e.g., being over 62 years of age). If the death or departure of the tenant has resulted in a permanent reduction of household income of 20 percent or more, the surviving SCRIE beneficiary can request that the Department of Finance adjust the exemption amount.

If I want to move to another apartment, can I transfer my SCRIE and continue paying the same amount?

If you move from one rent-regulated apartment to another, you may be able to transfer your SCRIE benefits, but you should get assistance from an advocate in this process. Download the SCRIE portability application form.

How does SCRIE work? Who pays for the rent increases?


When an application is approved and a SCRIE Order of Eligibility is issued, the landlord is given a credit toward its New York City real property taxes on the building where the tenant lives, equal to the difference between the legal rent and the amount the tenant must pay under the SCRIE order. Because the city subsidizes the tenant’s rent indirectly by giving a tax break to the landlord and not through a program included in the city or state budget, it is much less vulnerable to the budget-cutting political pressures that impact other important housing programs.