Landlord Seeks Back Rent Due from SCRIE Tenant's Daughter

Facts: In 1997 the New York City Department of the Aging revoked a tax abatement that landlord had received under the SCRIE program and by which prior tenant had received SCRIE benefits from 1988 until she died in 1991. Landlord sued to evict current tenant, who was prior tenant's daughter, for nonpayment of rent. Landlord claimed that tenant was responsible for refunding to landlord the money it had lost when it was forced to repay the tax abatement. Landlord also claimed that tenant's mother might have misrepresented her eligibility or status for SCRIE benefits. Tenant asked the court to dismiss the case. Court: Tenant wins. Landlord showed no proof that tenant received SCRIE benefits, ever applied for SCRIE benefits, or was involved in any way with her mother's SCRIE application. Landlord's claim was also stale because the money landlord sought from tenant wasn't current rent. And if landlord inappropriately claimed a tax abatement, it was against public policy to shift the cost of repayment to an elderly tenant.

Levine v. Fannelli: NYLJ, p. 28, col. 5 (4/1/98) (Civ. Ct. NY; Smith, J)