MCI & DRIE

[SlopeGuy]

I have several existing MCIs that DHCR granted my LL and they are being phased in at 6% on every lease renewal, in addition to retroactive arrears that are also being factored into my rent by the LL.

For many years though I have had chronic pain in my hip and though I work each day, it's getting progressively worse and I fear I will need surgery that's been long postponed as the joint is quickly deteriorating.

If I do get the surgery and am unable to work, if I file for disability and am granted SSI and related programs can I then file a DRIE and if approved would I then no longer be liable for the remainder of the MCI on each successive lease renewal from that point forward?

Or do you have to be disabled at the time that DHCR grants a LL an MCI in order to file a DRIE and if you become disabled afterward it doesn't matter?

[TenantNet]

The DHCR MCI Fact Sheet says:

A senior citizen with a valid Senior Citizen Rent Increase Exemption (SCRIE), or a disabled person with a valid Disability Rent Increase Exemption (DRIE) is exempt from paying any portion of the MCI adjustment that would raise their total rent to over 1/3 of their total disposable income. However, an increase in the security deposit resulting from the MCI rent increase must be paid by both SCRIE and DRIE tenants.

[SlopeGuy]

Thanks but I'm aware of what DRIE is. My question is really focused around the timing of applying for it vs. being under the constraints of a currently active MCI.