Lease Limited Payable Rent to Prior Tenant's Rent Under SCRIE Program

October 28, 2019

LVT Number: #30435

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Prior tenant, who was tenant's mother, had SCRIE benefits and paid a reduced monthly rent of $555 under her 2016 and 2018 renewal leases. Tenant got succession rights to the apartment under a 2018 DHCR order. Landlord claimed that the deceased prior tenant's SCRIE benefits expired and that successor tenant had to pay the full rent due for periods after tenant died. The court disagreed and dismissed the case.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Prior tenant, who was tenant's mother, had SCRIE benefits and paid a reduced monthly rent of $555 under her 2016 and 2018 renewal leases. Tenant got succession rights to the apartment under a 2018 DHCR order. Landlord claimed that the deceased prior tenant's SCRIE benefits expired and that successor tenant had to pay the full rent due for periods after tenant died. The court disagreed and dismissed the case. The 2016 and 2018 renewal leases stated that the rent to be paid was $555 per month unless there was a SCRIE order to the contrary. Since landlord didn't produce any order from SCRIE terminating prior tenant's benefits, it couldn't maintain its claim for a higher amount of rent.

Skyview Towers Holding LLC v. Acerno: 65 Misc.3d 1202(A), 2019 NY Slip Op 51476(U)(Civ. Ct. Queens; 9/12/19; Guthrie, J)

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