Can You Evict a Senior Citizen in NYC?
The current pandemic has shone a spotlight—and put a moratorium—on evictions, and among the many questions that have popped up here in New York is can you evict a senior citizen in NYC or not.
As eviction service providers, we recognize the many complexities involved in the process for both landlords and property management companies and their tenants. This can be especially true for older individuals, who might not have easy access to information on the types of resources that can help them navigate eviction procedures.
In this post, we’re delving into how NY evictions affect senior citizens, with a look at some of the relevant laws around elderly housing and the city programs that are aiming at reducing eviction rates among aging adults.
Rental Laws for Seniors in NY
New York has various laws in place when it comes to senior citizen housing, including those that are intended to help maintain rent affordability and reduce elderly eviction rates.
One of the big ones is the Senior Citizen Rent Increase Exemption (SCRIE), which holds that:
Senior citizens living in New York City and some other parts of the state are exempt from rent increases if they live in a rent-stabilized or rent-controlled apartment
If a tenant qualifies, SCRIE will cover the cost of the increase in order to allow them to remain in their apartment without owing any additional money.
Under SCRIE, a landlord also may not evict an elderly tenant from a rent-stabilized or rent-controlled apartment for the purpose of personal use or immediate family use.
Eligibility requirements include that the tenant or their spouse must be 62 years of age or older and must have a household income of the previous year that does not exceed $24,000. The tenant must also be paying at least one-third of their disposable income toward their monthly rent.
Also relevant right now is the New York Eviction Moratorium, which applies to both seniors and other age groups during the ongoing pandemic and currently prohibits evictions in most cases through May 2021—though it may be extended depending on the state of the economy at that time.
Eviction Protection NYC
It is not uncommon for older individuals in the city to struggle with their rent payments. Half of New Yorkers aged 55 and older don’t have any money in traditional retirement accounts, and 40% have less than $10,000 in their retirement accounts.
Fortunately, New York has put programs into place that protect rental rights for seniors and aim to keep the elderly off of the street and out of city shelters. Among these is Special One-Time Assistance (SOTA), which is a program that helps senior tenants pay their rent upfront for up to one year. Also at play in the city is pro-tenant legislation working to close some of the loopholes leading to evictions—however, it can be difficult for seniors to meet eligibility requirements, since they likely aren’t gaining any job-related income.
The New York eviction process in general does have rules in place that protect the rights of all tenants, including seniors. This includes a stipulation that landlords may not evict tenants without cause or proper notice, and it provides tenants with set timelines to “cure” the issue at hand, such as paying owed rent or resolving a violation of their lease.
Help With Eviction
Evictions do happen, even with protections put in place to help prevent them. And when they do, our team at Bennett Movers is here to provide eviction services that meet the needs of landlords and tenants and help ensure that the process goes as smoothly as possible.
We can help with all steps of the New York eviction process, with a dedicated support team that is here to offer assistance in any way that we can. We understand that evictions can be an emotionally charged experience on top of an overwhelming one, and offer services that help ease stress wherever possible.
We’re one of New York’s leading eviction companies, offering more than 25 years of reliable experience to landlords and tenants undergoing the eviction process. If you are in need of help, reach out for a free quote today, or inquire about our public assistance services.