MCR Calculation Needn't Reflect SCRIE

Rent-controlled tenant complained of a rent overcharge. He said that landlord sought $265 per month in rent but that tenant was required to pay only $225 per month because he had a senior citizen rent increase exemption (SCRIE). Landlord claimed that tenant hadn't notified the SCRIE program of recent changes to his legal rent. The DRA ruled against tenant, finding that the MCR for tenant's apartment was $269. Tenant appealed and lost. The DHCR properly calculated tenant's MCR and the SCRIE office was advised of the legal rent. It was the responsibility of the SCRIE office to determine whether tenant was eligible to pay a lower rent and to give landlord a corresponding tax credit.

Glasser: DHCR Adm. Rev. Docket No. VF620036RT (9/14/07) [2-pg. doc.]