Tenant Receiving DRIE Benefits Exempted from Payment of MCI Rent Increase

LVT Number: #33032

Landlord applied to the DHCR for MCI rent hikes based on building-wide electrical rewiring. The DRA ruled for landlord. Tenant appealed and lost. Tenant claimed that the granted MCI rent increase didn't apply to her apartment because she received a Disability Rent Increase Exemption (DRIE) benefit from NYC's Department of Finance. The DHCR acknowledged that a tenant with a valid DRIE is exempt from that portion of the MCI increase that causes tenant's apartment rent to exceed one-third of tenant's total disposable household income.

Landlord applied to the DHCR for MCI rent hikes based on building-wide electrical rewiring. The DRA ruled for landlord. Tenant appealed and lost. Tenant claimed that the granted MCI rent increase didn't apply to her apartment because she received a Disability Rent Increase Exemption (DRIE) benefit from NYC's Department of Finance. The DHCR acknowledged that a tenant with a valid DRIE is exempt from that portion of the MCI increase that causes tenant's apartment rent to exceed one-third of tenant's total disposable household income. Landlord admitted that tenant received DRIE benefits and stated that tenant's rent remained the same as outlined in the DOF's Tenant Approval Form. Landlord intended to forward a copy of the MCI order to the DRIE program in connection with the rent increase. The DHCR noted that tenant should contact the DRIE program for any questions concerning how the MCI rent increase pertains to her DRIE benefit.

Rangne: DHCR Adm. Rev. Docket No. LS40022RT (12/18/23)[2-pg. document]

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