Questions about DRIE and MCI Exemption

[SlopeGuy]

** This post has several different questions within **

I have been paying yearly 6% installments on a couple of MCI's for the past couple of years. My personal health is deteriorating and I'm planning on applying for Disability/SSI. I'm wondering if I am granted Disability can I then file a DRIE to be exempted future 6% additional charges on my renewal lease or am I not eligible because that MCI has already been in effect for quite some time? Also, my income in the last year may have been more than $50K in total.

Also if you are outside the filing period for a PAR with HCR is there any other court system which can be used to challenge an MCI? Say for instance the LL was granted an MCI for an "exterior restoration" yet the facade of the building is clearly delapitated - can I get the MCI overruled through any court body or am I stuck with it in perpetuity as long as it's been approved by HCR?

Last question, I submitted a Rent Overcharge YEARS ago and have heard absolutely nothing in response froM HCR. They speedily approved the LL's MCI application however. What can I do to get an answer from them on my rent overcharge? I have sent letters in the past with no response.

[TenantNet]

Rent overcharge ... You should have a docket number, use that to look it up at https://apps.hcr.ny.gov/casestatus/default.aspx. It won't tell you a lot, but it's a start. You can FOIL the entire file at http://www.nyshcr.org/Rent/orafoil.htm. Ask to inspect the records at the nearest office. Any copies will be $0.25 per page. But you can inspect without charge.

How many years? The problems is that DHCR has always been slow for tenants; quick for landlords. Cuomo severely defunded the agency, so tenant bear the brunt of the lack of resources. I have seen DHCR take up to five years in some cases. A letter will simply be put in the file.

You can always bring an Article 78 Mandamus case in NY Supreme Court to order the agency to make a decision within 90 days. That seems to work, but unless you know how to do it, you would need an attorney and that takes money.

From: http://www1.nyc.gov/assets/finance/down ... ochure.pdf
Read this entire document closely.

If you have SCRIE/DRIE you should not have to pay any future MCI increases. The current 6% increases are phase-ins of already-approved MCI increases.

"If the MCI is issued within 90 days of the SCRIE/DRIE initial application receipt
date, it is covered by SCRIE/DRIE."

So if eligible file for SCRIE/DRIE as soon as possible.

Filing a PAR on a MCI, it needs to be done within 35 days. That's it. If you can prove fraud you might be able to get DHCR to reopen the case. But that's a heavy lift. The courts won't look at it unless there's a PAR decision to appeal. A tenant lawyer with LOTS of experience with MCI's can give a better assessment depending on your circumstances. But not all tenant lawyers know this stuff that well.

So put together a tenant association and be on top of this the next time it happens.