collectible rent ("MCR") for the subject premises is $800.74. The MCR is the rent that a landlord
of a rent-controlled tenant can actually charge the rent-controlled tenant. Matter of White v.
New York State Div. of Hous. & Community Renewal, 2013 NY Slip Op. 30747(U) n.
2 (S. Ct. NY Co. 2013), Matter of COD, L.L.C. v. New York State Division of Housing and
Community Renewal, 2008 NY Misc. LEXIS 7756 (S. Ct. NY Co. 2008). The DHCR record
also shows that Respondent has a Senior Citizen Rent Increase Exemption ("SCRIE"). The
SCRIE program freezes the beneficiary' rent. N.Y.C. Admin. Code §26-509(b)(1). To
compensate a landlord who is barred from collecting rent increases from a SCRIE-qualified
tenant, the City grants the landlord a real property tax abatement in an amount equal to the rent
[*2]increase exemption. N.Y.C. Admin. Code
§26-509(c)(1), 83rd St. Apt. Co.,
LLC v. Shaustyuk, 50 Misc 3d 110, 111 (App. Term 2nd Dept., 2015), citing Jadam
Equities, Ltd. v. Stupp, 182 Misc 2d 666, 667 (S. Ct. NY Co. 1999). The DHCR record
shows that Respondent's SCRIE limited the rent Petitioner could collect from him to
$440.44.
Petitioner introduced into evidence a rent ledger ("the ledger"). The ledger shows that
Respondent did not owe any rent as of September 30, 2012. The ledger calculates a rent arrears
amount for Respondent from October of 2012 through February of 2019 at a monthly rent of
$440.44.[FN1]
Respondent introduced into evidence, and Petitioner did not rebut, a document from the New
York City Housing Authority ("NYCHA") showing that Respondent is a recipient of a federal
housing subsidy for the subject premises pursuant to 42 US.C. §1437f, colloquially known
as "Section 8." Under the Section 8 program, NYCHA pays the difference between the total rent