Tenant Is Subject to Rent Control

LVT Number: #25656

Tenant asked the DHCR for a ruling that he was subject to rent stabilization. Landlord claimed that tenant was rent controlled. The DRA ruled against tenant, who appealed and lost. There was a rent control Registration Card for tenant's apartment in the DHCR's records, as well as a 1985 order adjusting the maximum base rent (MBR). These documents listed tenant's name. Tenant claimed that he needed to be rent stabilized in order to qualify for the Senior Citizens Rent Increase Exemption (SCRIE). But this was incorrect.

Tenant asked the DHCR for a ruling that he was subject to rent stabilization. Landlord claimed that tenant was rent controlled. The DRA ruled against tenant, who appealed and lost. There was a rent control Registration Card for tenant's apartment in the DHCR's records, as well as a 1985 order adjusting the maximum base rent (MBR). These documents listed tenant's name. Tenant claimed that he needed to be rent stabilized in order to qualify for the Senior Citizens Rent Increase Exemption (SCRIE). But this was incorrect. To qualify for SCRIE, tenant must be at least 62, be either rent stabilized, hotel stabilized, or rent controlled, and have a total annual household income of $29,000 or less. 

Marshall: DHCR Adm. Rev. Docket No. AV210058RT (5/9/14) [2-pg. doc.]

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