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Scrie rent freezes

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Scrie rent freezes

Postby Bktenant » Tue Sep 24, 2019 9:04 am

When a senior citizen is under scrie ans the rent is frozen does the legal rent continue to raise if so when the person elegible passes what happens to the legal rent of the apartment?
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Re: Scrie rent freezes

Postby TenantNet » Tue Sep 24, 2019 9:11 am

If you are under SCRIE, the amount you pay is frozen. The "legal rent" is not frozen and continues to go up over time due to normal increases such as RS renewal leases, MCI's and so on. The difference between what you pay and the legal rent is paid to the LL in the form of tax abatements by the city.

When the SCRIE recipient passes, so does the subsidy and the payable rent returns to the legal rent. The next occupant would pay the legal rent as if the SCRIE never happened.
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Re: Scrie rent freezes

Postby Bktenant » Tue Sep 24, 2019 11:26 am

Understood makes sense. Does it work the same if the primary is under scrie and a secondary tenant on the initial lease not covered by scrie when the primary recepient passes? Not a new tenant but the same tenant in the same household
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Re: Scrie rent freezes

Postby TenantNet » Tue Sep 24, 2019 4:13 pm

I assume you mean primary tenant being a tenant on the lease, and a secondary "tenant" being an occupant or roommate and not on the lease. If that is the case, the secondary is not a tenant. (let us know if this is not what you meant as your post is very confusing). Tell us how many people are actually on the lease, i.e., tenants, and also tell us how many are just occupants or roommates, i.e., who are not on the lease.

As far as we know, there is one SCRIE account per apartment, and the applicant, i.e., the primary tenant, must list the household income, and that means the income of all persons living in the apartment.

Have you asked this of the SCRIE Ombudsman? I have found them helpful.
SCRIE-Ombuds@finance.nyc.gov

And there is also the DRIE ombudsman
DRIE-Ombuds@finance.nyc.gov
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Re: Scrie rent freezes

Postby Bktenant » Tue Sep 24, 2019 4:17 pm

Yeah sorry about the confusion. The primary lease holder and 1 houshold member not roomate both are listed on the lease family member is on the lease. So two people on the lease one elegible for scrie, that person passes what happens to the rent freeze is my question
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Re: Scrie rent freezes

Postby Landlords Boy » Wed Sep 25, 2019 9:36 am

Very interesting situation. In my experience SCRIE will continue its exemption until the end of the next month after the primary tenant has passed. So if the primary passed away in February, SCRIE won't terminate until the end of March.
I've never had two seniors occupying an apt under SCRIE but I would guess that the surviving tenant - since family member is listed on the lease, he/she is a tenant - should apply for SCRIE right away.
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Re: Scrie rent freezes

Postby TenantNet » Wed Sep 25, 2019 10:09 am

If the surviving person is also a tenant, then tenancy rights continue. And if that person's income qualifies him/her for SCRIE, then yes, he/she should apply for SCRIE. If that person is not a tenant, but instead a roommate, occupant or other tenant, then right to continue in the apartment might be in jeopardy. Of course, that person might be eligible for succession depending on the nature of the relationship.
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