Landlord Can Amend Nonpayment Petition to Seek Alternate Increases Approved in Casado

Landlord sued to evict tenant for nonpayment of rent in 2011. A few months later, based on the decision of NY's highest court in Casado v. Markus, landlord asked the court for permission to amend its petition to add more rent arrears. In Casado, additional rent arrears were permitted based on the alternate, dollar-amount rent increases permitted under RGBOs 40 and 41, which had been disputed in litigation. The court ruled for landlord, permitting amendment of its petition, and tenant appealed.

The appeals court ruled against tenant. Landlord didn't wait a prolonged period of time to notify tenant of the "Casado" rent increases. The lower court made no ruling as to the merits of the Casado increases but simply permitted landlord to amend its petition to claim those increases. Since the petition amendment was sought shortly after Casado was decided, the appellate court found that tenant had sufficient notice of landlord's right to seek Casado increases and wasn't prejudiced by the amended pleadings.

Hillside Place, LLC v. Shahid: Index No. 2020-24QC, 2022 NY Slip Op 22144 (App. T. 2 Dept.; 4/29/22; Aliotta, PJ, Weston, Toussaint, JJ)