Landlord Can't Evict for Back Rent Due to SCRIE Error

Facts: From 1984 through 1993, elderly tenant or her mother paid landlord a monthly rent of $100. Both landlord and tenant believed that tenant's rent was subject to SCRIE rent reduction and tax abatement. In 1995, SCRIE notified landlord that there was no record of a SCRIE exemption for tenant's apartment. The notice asked landlord to pay $5,000 to the NYC Department of Finance. Landlord paid without protest, then billed tenant for this amount. Tenant didn't pay, and landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to either dismiss the petition or to separate landlord's claim for the $5,000 from the eviction proceeding. Court: The case wasn't dismissed. Landlord could sue tenant over who was responsible for the amount repaid to SCRIE. There were factual issues concerning whether tenant was really subject to the SCRIE rent exemption. However, landlord couldn't evict tenant for not paying the $5,000. This issue had to be separated from any eviction action based on nonpayment of rent.

Hoxha Assocs. v. Cannata: NYLJ, p. 28, col. 5 (11/13/96) (Civ. Ct. Bronx; Halprin, J)