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(a) The cost of electricity for a current SCRIE or DRIE beneficiary's rent stabilized or rent controlled apartment is included in the frozen rent and may not be adjusted due to a change from master metering to individual metering of electricity.
(b) If a tenant is already receiving SCRIE or DRIE benefits when a SCRIE or DRIE beneficiary's building experiences a conversion from master metering of electricity to individual metering of electricity (also known as direct metering or sub-metering) and subsequently vacates the rent stabilized or rent controlled apartment associated with their benefits, then such building's owner is required to reduce the legal rent/maximum rent according to the rent reduction schedule in effect at the time of the vacancy. The new tenant is responsible for their legal rent as reduced, including any applicable major capital improvement rent increase based upon the cost of work done to effectuate the electrical conversion and their electric bill.
(c) If a tenant's SCRIE or DRIE benefits cease and the building's owner subsequently converts such tenant's apartment from master metering to individual metering of electricity (also known as direct metering or sub-metering), such owner may reduce the rent in accordance with the schedule of rent reductions and such tenant is responsible for their reduced legal rent and electric bills.
(d) If the tenant's SCRIE or DRIE benefits are reinstated, the building owner is required to eliminate the rent reduction and resume responsibility for the tenant's electricity costs.
(Added City Record 5/14/2021, eff. 6/13/2021)
The tenant has the right to appeal a SCRIE or DRIE determination rendered by the Department, such determination will stand until and unless it is reversed on appeal. An appeal must be submitted on the Department's form no later than 120 days after the date on the Department's determination letter except that the time period to submit an appeal may be extended for a tenant, upon a showing of good cause or a need for more time as a reasonable accommodation for a tenant's disability as defined in 19 RCNY § 52-02. A tenant cannot appeal the same determination more than once. The final determination of the Department is also reviewable under Article 78 of the New York Civil Practice Law and Rules.
(Added City Record 5/14/2021, eff. 6/13/2021)
(a) If it is determined that a tax abatement credit has been issued to the building owner's property after the date the head of the household is no longer eligible for SCRIE or DRIE benefits, the Department will reinstate property tax charges against the building owner from the first day of the first month following such determination.
(b) The Department must notify a tenant in writing if their SCRIE or DRIE benefits are terminated and provide the reason for such termination. Such tenant may appeal such termination in accordance with the procedures set forth in 19 RCNY § 52-19.
(Added City Record 5/14/2021, eff. 6/13/2021)
A building owner or their designated representative may submit a tax abatement credit adjustment application if they have updated FCA or MCR documentation or if such owner wants to apply for an adjustment to the SCRIE or DRIE recipients TAC amount due to an MCI increase, J-51 tax abatement reduction or a rent discrepancy.
An innocent subsequent purchaser of a building or their designated representative may also submit an application if the TAC for the building was reduced after such purchase for a time period prior to such purchaser's acquisition of the building and the purchaser was unaware that an adjustment was appropriate. The TAC amount will be adjusted if such application is approved by the Department.
(Added City Record 5/14/2021, eff. 6/13/2021)