Landlord Can't Collect MCI Rent Hike

Landlord sued to evict rent-controlled tenant for nonpayment of various MCI rent hikes, as well as a retroactive MBR increase and fuel cost adjustments. Tenant had lived in the apartment for over 50 years and otherwise paid her rent. Tenant claimed that she received Senior Citizen Rent Increase Exemption Program (SCRIE) benefits and didn't have to pay the rent increases. She asked the court to dismiss the case. The court ruled for tenant. It was undisputed that tenant received a valid order from the SCRIE program in 2006, which froze her portion of rent payable to landlord at $682 per month. Tenant was exempt from paying an additional $162 per month based on the MCI, MBR, and fuel cost increases. Landlord must seek payment of these increases from the SCRIE program.

York 80, LLC v. Gunsalus: 23 Misc.3d 1119(A) (5/4/09) (Civ. Ct. N.Y. Co.; Kaplan, J)