SCRIE Tenant Needn't Pay Temporary Rent Hike

Landlord got an MCI rent hike. Tenant paid the new rent plus a temporary retroactive rent hike. Tenant then became eligible for SCRIE, which resulted in her rent being frozen at the permanent rent-stabilized rent. Tenant also stopped paying the temporary retroactive portion of the rent hike. Landlord asked the DHCR whether tenant was still responsible for paying the temporary rent hike because it went into effect before her rent was frozen. In an opinion letter, the DHCR said no. A senior citizen with a valid SCRIE is exempt from paying any portion of an MCI rent hike that would raise her total rent to over one-third of the tenant's total disposable income. This includes the temporary rent hike, as well as the permanent one.

DHCR Opin. Ltr. by Charles Goldstein (11/19/02) [2-pg. doc.]