To be eligible for SCRIE, you must meet all of the following requirements:

1. You must be age 62 or older.
2. You must be the head of the household (the person whose name is on the lease, or who is the "tenant of record," or who is the older spouse of that person).
3. You must live in either a rent controlled or rent stabilized apartment, or a rent regulated hotel unit.
4. Your apartment or hotel unit must be your actual residence.
5. Your total household income for the previous tax year can not exceed $29,000. This refers to your household income after taxes-also known as your "aggregate disposable income." Income must be disclosed for all individuals living in the apartment.
6. Your monthly rent must be more than one-third of your monthly household income.
   
   

For Rent Controlled Only:

7. You must have an increase in your rent. And the increase must be authorized as "exemptible". This is an increase that SCRIE may pay on your behalf.**

** In the past, a rent-stabilized tenant was ineligible for the SCRIE program unless the applicant also experienced a recent rent increase. A recent court decision with respect to rent-stabilized tenants provides that you may now apply for SCRIE without experiencing a recent rent increase. A SCRIE order of $0 benefit will be issued to you for the current lease period. If there is a rent increase during the same lease period, SCRIE will recalculate your portion of the rent so that such an increase may be exempt in the future. (effective June 2002)

Let's review points 5 through 7 in more detail.

Your total after-tax household income for the previous tax year cannot exceed $29,000.

This is the amount of money all the members of your household earned last year, minus the federal, state and local income taxes, Social Security taxes, union dues and court-ordered support payments for which they are responsible. If you retired this year, you may base your eligibility upon your projected retirement income instead of what you earned last year. Your monthly rent, including the increase, must be more than one-third of your total household income.

EXAMPLE:
Due to a recent rent increase, my monthly rent is $433. My household income after taxes last year was $12,000 or $1,000 a month. This monthly income divided by 3 is $333. My rent of $433 is greater than one-third of my monthly income ($333), therefore I meet this eligibility requirement. (If my monthly rent, including the increase, were less than $333, I would not be eligible for a rent increase exemption.)

The increase in your rent must be authorized as exemptible.

Only certain types of rent increases can be considered for an exemption. Under the authority and Community Renewal (DHCR), or the New York City Department of Housing Preservation and Development (HPD), exemptible increases are:

• Lease renewal increases for rent stabilized apartments, according to RGB.
• A rent demand renewal for residential hotel units authorized by RGB.
• A maximum collectible rent increase for rent controlled apartments authorized by DHCR.
• Increases approved by DHCR to compensate a landlord who demonstrates that his/her rental income fails to offset unavoidable expenses (Hardship Orders).
• A Fuel Cost Adjustment to compensate a landlord for fuel increases approved by DHCR.
• A Major Capital Improvement. (MCI) increase approved by DHCR to compensate the owner for the cost of building-wide renovations such as a new roof or boiler.
• An approved increase based on special loans authorized by HPD.

The following increases can not be considered for an exemption:

• A first lease in a new apartment (tenants who are already SCRIE participants should inquire about "portability options" (see What Happens If I Move?).
• Services such as a doorman, maid or janitor, air conditioning or intercom.
• New equipment, furniture or other furnishings in your unit, or electrical enhancements, additions or adjustments.
• Extra charges for an increase in the number of people in the apartment or additional space.
• Security deposits.
• Rental charges for garages and other ancillary facilities.