Q&A: Exemption Used for Maintenance

hroom sink. But he did so by taking it from our SCRIE-DRIE-STAR credit  checks from the New York City Department of Finance. According to our bylaws  and proprietary lease, he is not supposed to charge for this service. What can  I do about it? Is it legal to do what was done?  

 —Money for Nothing  

A “If the bylaws and the proprietary lease of a cooperative prohibit the cooperative  or the manager from charging for this service, then the charges are illegal,” explains Steven Wagner, an attorney at Manhattan-based Wagner Davis P.C. “However, it is rare to have a provision like the one the reader describes in  either the by-laws or the proprietary lease.  

 “The New York State School Tax Relief Program (STAR) is a tax relief program  offering two levels of benefits, Basic STAR, which has no age restriction, and  Enhanced Star, which is for eligible senior citizens. Eligible homeowners  receive a property tax reduction for property used as a primary residence. The  Senior Citizen Rent Increase Exemption (SCRIE) Program and Disability Rent  Increase Exemption (DRIE) Program each offer eligible low-income senior  citizens an exemption from rent increases, which in some cases may result in a  reversion to rent paid under a previous lease or rent order.  

 “The owner of the building receives a tax abatement credit, which is generally a  dollar-for-dollar property tax credit against the real estate property taxes  from the New York City Department of Finance to reimburse the owner for the  loss of rental income. The New York City Department of Finance does not issue  checks to tenants for the tax abatement credit. Rather, the amount of the  credit is deducted directly from the owner’s real estate property tax bill. Further, an owner does not ordinarily issue a  check to a tenant unless it is determined that the tenant is entitled to a  retroactive rent adjustment once the New York City Department of Finance issues  an approval order granting the tenant’s application to enroll in the SCRIE or DRIE Program.  

 “Generally, it is unlawful for the owner to collect or attempt to collect from  the tenant any payment for rent that is more than the SCRIE or DRIE authorized  rent while a valid approval order is in effect. However, if a tenant is  concerned that he or she is paying rent or other specific charges in excess of  the amount set in the approval order, the tenant may contact New York State  Homes and Community Renewal and file a written complaint.”      

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Comments

  • New York city has a scrie program from the government, I thought our government was for all seniors. Why don't they have a SCRIE Program for FLorida seniors