Senior Housing Rights and Protections in New York

Many older adults in New York depend on rental housing for stability and comfort in their retirement years. New York law provides vital protections to ensure senior renters are treated fairly, can access appropriate housing, and maintain their independence. If you are a senior renter or helping someone navigate rental issues—from eviction threats to rising rent—this guide will help you understand your rights and available resources under current New York law.

Key Protections for Seniors in New York Rental Housing

Senior renters in New York have additional legal protections to support their housing security, prevent discrimination, and ease financial burdens. Below is a summary of major laws and programs:

• Rent Increase Limits and Stabilization: Seniors in certain buildings may qualify for programs like the Senior Citizen Rent Increase Exemption (SCRIE), which limits rent increases for eligible tenants in New York City.
• Discrimination Protection: State and federal law prohibit discrimination against seniors, including age, disability, or source of income. This is enforced via the New York State Human Rights Law as well as the federal Fair Housing Act.
• Eviction Safeguards: New York requires landlords to follow strict procedures to evict any tenant, with extra time and support often available for those over 62 or with disabilities (NY Real Property Actions and Proceedings Law).
• Reasonable Accommodations: Seniors have the right to request reasonable changes to rental policies or their living space due to disability or medical need.
• Maintenance and Repairs: Landlords must keep buildings safe and habitable for all tenants, including seniors. Seniors facing health or safety risks may receive priority assistance.

Important Forms for Senior Renters

• SCRIE Application (Senior Citizen Rent Increase Exemption)
  - When to use: If you are 62 or older, live in a rent-regulated apartment in NYC, and your household income falls below the program limit, use this form to apply for a rent freeze.
  - Download SCRIE Application (NYC official)
  - Example: Mrs. Green, age 70, notices her lease renewal includes a rent hike. She uses the SCRIE form to apply for rent increase exemption so her rent remains the same.
• Request for Reasonable Accommodation
  - When to use: If you have a disability or a medical necessity and need changes in your unit (such as grab bars or service animal approval).
  - NYS Division of Human Rights: Reasonable Accommodation Request Form
  - Example: Mr. Alston, age 75, requests installation of a wheelchair ramp in his rental.
• Discrimination Complaint Form (NYS Division of Human Rights)
  - When to use: If you believe you've been treated unfairly because of age, disability, or another protected reason.
  - File a complaint (NYS DHR)
  - Example: A landlord refuses to show a unit to someone using a mobility scooter. The senior uses this form to report the discrimination.

Which Tribunal Handles Residential Rental Issues in New York?

Most rental disputes and eviction cases for New York renters—including seniors—are handled by the New York City Housing Court (in NYC) or local Housing Parts of Civil Court elsewhere in the state. For discrimination or accommodation issues, the New York State Division of Human Rights manages investigations and hearings.

How New York Law Protects Senior Housing

The main tenancy laws protecting seniors are found in the New York State Real Property Law (RPL) and the Real Property Actions and Proceedings Law (RPAPL). Additional support is provided by local rent and anti-discrimination laws.

• Senior Rent Increase Exemption (SCRIE) protects eligible seniors from sudden rent increases in rent-regulated housing.
• The NY Human Rights Law ensures landlords cannot deny, harass, or evict seniors based on protected traits.

Practical Steps for Senior Renters

If you are a senior facing rent increases, repair issues, or difficulties relating to age or disability, consider these action steps:

• Gather documentation of your age, income, and housing status for program eligibility
• Notify your landlord in writing if requesting a reasonable accommodation
• Apply for rent increase exemptions or assistance programs if eligible
• If experiencing discrimination, file a complaint promptly with the NYS Division of Human Rights
• For urgent repairs or unsafe conditions, contact your local housing code enforcement or housing court

Frequently Asked Questions for New York Seniors

1. Can my landlord refuse to rent to me because of my age?
   No. New York law and the federal Fair Housing Act forbid age discrimination in housing. If this happens, you can file a complaint with the NYS Division of Human Rights.
2. How can I keep my rent from going up every year?
   If you are 62+, live in rent-regulated housing, and meet income limits, apply for the Senior Citizen Rent Increase Exemption (SCRIE) to freeze your rent. The NYC Rent Freeze Program provides full eligibility information.
3. What do I do if I need changes to my unit because of a disability?
   Submit a written request for reasonable accommodation to your landlord. Use the official Reasonable Accommodation Form from NYS Division of Human Rights if needed.
4. Are there eviction protections for seniors?
   Yes. Seniors are protected by standard New York eviction laws. In some cases—such as for nonpayment of rent—courts may grant extra time for those age 62+ or with disabilities.
5. Who should I contact if the landlord will not make needed repairs?
   Report unsafe conditions to your city’s housing code enforcement. In NYC, you can contact 311 or HPD (Housing Preservation & Development).

Key Takeaways for Senior Renters

• New York offers strong protections against discrimination and unfair rent increases for seniors.
• Programs like SCRIE can help freeze rent, and help is available for requesting reasonable accommodations.
• Keep records, use official forms, and connect with state resources if issues arise.

Understanding your rights and using available programs can help you stay securely housed as you age.

Need Help? Resources for Renters

• NYC Rent Freeze Program (SCRIE & DRIE) (for NYC senior renters)
• NYS Division of Human Rights: File a Complaint
• New York City Housing Court (NYC residential disputes)
• New York State Real Property Law (Full Text)
• NY State Office for the Aging: Local Programs
• Call 311 (in NYC) or your county's Office for the Aging for personalized referrals

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1. New York State Real Property Law (RPL)
2. Real Property Actions and Proceedings Law (RPAPL)
3. NY State Human Rights Law
4. NYC Rent Freeze Program / SCRIE
5. NYC HPD: Tenant Complaints

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