SCRIE Benefit Is Deducted from Legal Regulated Rent, Not Preferential Rent

LVT Number: #30368

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, claiming tenant owed $5,106. Tenant asked the court to dismiss the case, claiming that landlord failed to properly credit his Senior Citizen Rent Increase Exemption (SCRIE) credit and that therefore he didn't owe any rent. The court ruled against tenant. Tenant had received SCRIE benefits since 2012. Tenant's current legal rent was $1,241, and tenant received a preferential rent of $856. According to SCRIE documents, tenant's rent was frozen at $1,077.

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One Two Four Madison Associates, LLC v. Velasquez: 64 Misc.3d 1225(A), 2019 NY Slip Op 51288(U) (Civ. Ct. NY; 8/6/19; James, J)