SCRIE Tenant Questions Her Portion of Rent Due

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord claimed that tenant owed $573 per month. Tenant claimed that she owed only $358 under the terms of her lease. The court ruled for tenant and dismissed the case. Landlord appealed and won, in part. Tenant's initial, March 2003 lease stated that the legal regulated rent was $603 and that her share under the Senior Citizens Rent Increase Exemption (SCRIE) program was $358. Contrary to landlord's claim, this wasn't a preferential rent agreement that could be discontinued. The DHCR and city Department for the Aging records showed that tenant continued, by law, to be eligible for SCRIE benefits. But, contrary to tenant's claim, her initial lease didn't cap her share of the rent at $358 upon lease renewal. The lease merely stated her portion of the rent under SCRIE at that time. The lease didn't address how much rent tenant must pay upon lease renewal. Landlord sought merely to collect the maximum permissible rent payable by tenant under the SCRIE program, which was $573 when landlord started the case. The case was reopened and sent back to the lower court.

BPIII-548-West 164th Street LLC v. Garcia: NYLJ, 9/8/10, p. 26, col. 1 (App. T. 1 Dept.; McKeon, PJ, Shulman, J)