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What are the legal rights of elderly tenants facing eviction?

On Behalf of | Oct 29, 2024 | Elder Law

Elderly tenants in New York have specific protections under state law, which can help them remain in their homes even when facing eviction. Understanding these rights can make a significant difference for senior tenants dealing with a difficult situation.

Protections under New York rent laws

New York’s rent control and rent stabilization laws provide protections for elderly tenants. Rent-controlled and rent-stabilized units offer safeguards against sudden rent hikes and unjust evictions. Elderly tenants living in these types of units cannot be evicted without just cause. Additionally, they have the right to lease renewals under rent stabilization, which helps maintain housing stability.

Protection from discrimination

The New York State Human Rights Law prohibits discrimination against tenants based on age. Landlords cannot evict or refuse to renew leases solely because a tenant is elderly. Elderly tenants have the right to be treated fairly and cannot face eviction based on their age or perceived vulnerability.

Reasonable accommodation requests

Elderly tenants have the right to request reasonable accommodations if they have disabilities. Under both federal and state law, landlords must make reasonable adjustments to accommodate tenants’ needs, such as allowing modifications to improve accessibility. These accommodations can help elderly tenants maintain their independence and stay in their homes longer.

Access to legal resources

Elderly tenants facing eviction have access to various legal resources. New York offers legal aid services that provide free or low-cost representation for seniors in housing court. Organizations such as the Legal Aid Society and local senior advocacy groups can help elderly tenants understand their rights and fight against wrongful evictions.

Senior Citizen Rent Increase Exemption (SCRIE)

The Senior Citizen Rent Increase Exemption (SCRIE) program helps elderly tenants in rent-regulated apartments by freezing their rent. Eligible tenants must be 62 years or older and meet certain income requirements. This program ensures that rising rental costs do not push elderly tenants out of their homes.

Knowing the rights and resources available can empower elderly tenants to face eviction challenges more confidently. Seeking assistance and understanding legal protections can make all the difference in ensuring housing stability.

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