Landlord Waived Right to Collect Higher Rent Increase

December 25, 2018

LVT Number: #29825

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord claimed that New York's highest court had ruled in 2011, in the case of Casado v. Markus, that the Rent Guidelines Board (RGB) had properly set a larger guideline increase for low-rent units under RGB Order No. 40 and that landlord therefore was entitled to collect a higher rent than originally charged to tenant before the rent guidelines dispute was settled by the Court of Appeals ruling.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord claimed that New York's highest court had ruled in 2011, in the case of Casado v. Markus, that the Rent Guidelines Board (RGB) had properly set a larger guideline increase for low-rent units under RGB Order No. 40 and that landlord therefore was entitled to collect a higher rent than originally charged to tenant before the rent guidelines dispute was settled by the Court of Appeals ruling. Landlord was claiming back rent owed as a result of the Casado court ruling for periods between March 2009 through April 2018. The court ruled against landlord. Since 2009, landlord failed to include riders with tenant's renewal leases stating that landlord was reserving its rights to collect a higher rent under RGBO 40. So landlord waived any right to collect a further rent increase.

89-21 153 LLC v. Cruz: Index No. 64605-18, NYLJ No. 1543218245 (Civ. Ct. Queens; 11/8/18; Kullas, J)

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