Eligibility Date for SCRIE Program

Tenants brought a class action suit challenging New York City Department for the Aging's (DFTA) interpretation of the Senior Citizen Rent Increase Exemption (SCRIE) eligibility date. For 20 years DFTA had used the date tenant applied for coverage under the SCRIE program as the eligibility date for SCRIE benefits. Tenants claimed the eligibility date should be the date a senior citizen tenant first met the age, income and rental requirements for the SCRIE program. This could result in tenants becoming eligible for SCRIE benefits on an earlier date. The court ruled for tenants and ordered DFTA to alter its method of calculating when SCRIE benefits begin. DFTA appealed and won. The Real Property Tax Law gives DFTA the authority to determine what the eligibility date should be. DFTA's interpretation of the law was rational and consistent with the law's language and intent.

Nunez v. Giuliani: NYLJ, p. 25, col. 1 (2/24/97) (App. Div. 1 Dept.; Murphy, PJ, Rosenberger, Ellerin, Wallach, JJ)