The article 78 court properly rejected respondent's contention that a tenant may be denied a SCRIE where there has been no recent increase in the tenant's legal regulated rent, since petitioner currently comes within the guidelines of SCRIE eligibility. A SCRIE applicant who meets the eligibility criteria set forth in Administrative Code of the City of New York § 26-509 (b) (2) (see also, Nunez v Giuliani,
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