Tenant's Age and Limited Income No Bar to Rent Hike

Landlord filed a 60-day notice of rent increase to rent-controlled tenant in Yonkers. Tenant filed no objection to the DHCR form, called the Owner's Sixty-Day Notice of Maximum Rent Adjustment and Certificate of Unavoidable Increased Costs of Operation with No Increase in Maximum Rent For Past Two Year Period. The DRA then ruled for landlord, and increased tenant's rent from $682 to $747, effective Jan. 1, 2008. Tenant appealed, claiming that he was 92 years old and on a limited income based on a pension and Social Security. Tenant claimed that he couldn't afford the rent increase. The DHCR ruled against tenant. Tenant made no claim that the rent increase was incorrect. Tenant's age and limited income aren't grounds to disallow the rent increase. The DHCR pointed out that Yonkers had adopted a Senior Citizens Rent Increase Exemption (SCRIE) program, and advised tenant to investigate whether he qualified for SCRIE benefits.

Berezny: DHCR Adm. Rev. Docket No. VK920001RT (3/6/08) [2-pg. doc.]