Landlord Waived Legal Regulated Rent

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $419, including interest. Landlord appealed and lost. Landlord argued that tenant's legal regulated rent was higher than the monthly rent that tenant paid for some time before landlord demanded that tenant pay the difference. But if it was tenant who persisted in paying less than the rent he was required to pay under his lease, landlord should have sought to evict tenant. Instead landlord waived the difference. Landlord clearly tolerated and accepted tenant's lower rent payments, therefore legalizing the rent collected. 

Joseph: DHCR Adm. Rev. Docket No. CS210039RO (2/25/15) [2-pg. doc.]