Landlord Waited Too Long to Collect RGBO 40 and 41 Rent Increases

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding that landlord waived its right to a retroactive rent increase for Rent Guidelines Board Orders (RGBO) 40 and 41. Rent increases permitted under these Guidelines were disputed until New York's highest court ruled in the case of Casado v. Markus in 2011 that they were collectible.

Landlord appealed and lost. After the Casado decision, an appeals court ruled in 2017 that a landlord that didn't apply the approved rent increases within a "reasonable time" had waived the right to collect them. In that case, the landlord waited nine months before notifying tenants of its intent to collect the rent increase. In this case, landlord waited almost seven years after the Casado case ruling to collect the rent increases in question.  

Cummings/57Elmhurst LLC: DHCR Adm. Rev. Docket Nos. HN110007RO, HN110025RT (12/4/19) [3-pg. doc.]