(1) pursuant to an order of the New York City Rent Guidelines Board; or

(2) based upon an owner hardship rent increase order issued by the Conciliation and Appeals Board.

(1) the aggregate disposable income of all members of the household residing in the housing accommodation does not exceed $10,000 per year;

(2) the maximum rent, including rent increases described in subdivisions (a) and (b) of this section, for the housing accommodation exceeds one third of the aggregate disposable income of all members of the household;

(3) the tenant is entitled to reside in the housing accommodation; and

(4) the head of the household or spouse residing in the housing accommodation was 62 years of age or older on or before the date the application hereunder is filed, and is not a recipient of public assistance pursuant to the Social Services Law. However, persons receiving supplemental security income or additional State payments, or both, under a program administered by the United States Department of Health and Human Services solely or in combination with the New York State Department of Social Services shall not be rendered ineligible thereby.

(1) The term aggregate disposable income shall mean the total income, from whatever source derived (whether or not subject to Federal income taxation), including but not limited to all compensation for personal services, wages, salaries, commissions, tips and earnings from self-employment, inclusive, social security and supplemental security income benefits, interest and dividends, pension payments, unemployment, disability and workers' compensation benefits, rents, royalties, payments from roomers, boarders or subtenants, alimony and support payment pursuant to agreement or court order, other than gifts and voluntary assistance payments from relatives and friends of members of the household not required to provide maintenance or support, received by any member of the household subject to the following adjustments:

(2) Disposable income to be reported shall be the income received in the last calendar year prior to the filing of the application, except that where the applicant retires between the commencement of such year and the date of filing the application, the income for such year may be adjusted by excluding employment earnings and projecting expected annual retirement income.

(3) The term head of household shall mean the person who customarily pays the rent (or his spouse, if older).

(4) The term member of household shall mean any person permanently residing in the housing accommodation who is not a bona fide roomer, boarder or subtenant.

(1) one third of the aggregate disposable income;

(2) the maximum rent for rent-controlled housing in effect on December 31st of the calendar year immediately preceding the year in which the initial exemption is effective; or

(3) the legal regulated rent for rent-stabilized housing accommodations in effect on June 30, 1974 or the date immediately preceding eligibility, whichever is later.

(1) for rent-controlled housing accommodations, the first day of the month following the month in which the application is filed or the applicant becomes eligible, whichever is later. However, where such tenant could not qualify for senior citizen rent increase exemption between July 1, 1980 and December 31, 1980, due to the sole reason that the aggregate disposable income of all members of the household exceeded $6,500 per year and did not exceed $8,000 per year, but filed for an exemption on or before December 31, 1980, pursuant to New York City Local Law 61 for 1980, the effective date of that portion of the exemption applicable solely to the fuel cost adjustment collectible pursuant to section 2202.13 of this Part shall be July 1, 1980, including any retroactive adjustments authorized by said section;

(2) for rent-stabilized housing accommodations, the first day of the month in which the application is filed or the applicant becomes eligible, whichever is later. However, where such tenant could not qualify for senior citizen rent increase exemption between July 1, 1980 and December 31, 1980, due to the sole reason that the aggregate disposable income of all members of the household exceeded $6,500 per year and did not exceed $8,000 per year, but filed for an exemption on or before December 31, 1980, the effective date of the exemption order shall be July 1, 1980, including any retroactive adjustments collectible thereby;

(3) for rent-controlled and rent-stabilized tenants, the effective date of any increase described in subdivisions (a) and (b) of this section, including any retroactive adjustments collectible thereby, provided the tenant has filed an application within 90 days after:

(1) the tenant did not qualify for such order;

(2) the tenant no longer qualifies for such order due to a change of circumstances; or

(3) the tenant has submitted materially false statements or has willfully omitted or neglected to make any required material statement, in violation of subdivision (d) of section 2205.1 of this Title.

(1) the amount by which the rent for the subsequent dwelling unit exceeds the rent the tenant was required to pay for the original dwelling unit, after giving effect to the senior citizen rent increase exemption;

(2) the most recent monthly deduction in the original dwelling unit pursuant to senior citizen's exemption issued under the City Rent and Rehabilitation Law, title YY of the New York City Administrative Code, or the Private Housing Finance Law; or

(3) the amount by which the maximum rent of the subsequent housing accommodation exceeds one third of the aggregate disposable income of all members of the household.