Landlord Must Refund Additional Rent Paid by Tenant Under Casado Decision

Rent-stabilized tenant complained of rent overcharge in 2018. She claimed that she was being charged illegal fees or surcharges, and that landlord was billing her additional rent based on the outcome of the rent guideline decision in the case of Casado v. Markus in 2011. Landlord argued that any failure to enforce or apply the allowable Rent Guidelines Board minimum dollar increases for 2008 and 2009 during the Casado case litigation didn't constitute a waiver of those rent increases. The DRA ruled for tenant, finding that the Casado arrears had been waived. Tenant appealed and won. Tenant pointed out that she had paid landlord $2,010 in rent landlord demanded pursuant to the Casado decision and that it should be refunded. The DHCR agreed and directed landlord to refund $2,793, including interest.

Vergara: DHCR Adm. Rev. Docket No. KO110039RT (6/24/22)[2-pg. document]