Tenant Ineligible for SCRIE Benefits

March 31, 2010

LVT Number: #22547

The City of New York denied tenant’s application for Senior Citizen Rent Increase Exemption (SCRIE) benefits. Tenant filed an Article 78 petition, claiming that the city’s decision was arbitrary and unreasonable. The court ruled against tenant, who appealed and lost. When tenant applied for SCRIE benefits, one third of his monthly disposable income amounted to $335, which was greater than his monthly rent of $270. So tenant was ineligible. Tenant claimed that the city failed to include a renewal lease increase in the calculation of his rent.

The City of New York denied tenant’s application for Senior Citizen Rent Increase Exemption (SCRIE) benefits. Tenant filed an Article 78 petition, claiming that the city’s decision was arbitrary and unreasonable. The court ruled against tenant, who appealed and lost. When tenant applied for SCRIE benefits, one third of his monthly disposable income amounted to $335, which was greater than his monthly rent of $270. So tenant was ineligible. Tenant claimed that the city failed to include a renewal lease increase in the calculation of his rent. This would have brought his monthly rent up over one third of his monthly income. But tenant didn’t submit this information to the city at any time during the application process and couldn’t raise this claim for the first time in his court appeal. Tenant could file a new application.

Leckie v. NYC Department for the Aging: NYLJ, 3/8/10, p. 28, col. 4 (App. Div. 1 Dept.; Andrias, JP, Nardelli, Catterson, DeGrasse, Manzanet-Daniels, JJ)

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