Landlord Waived Right to Collect Minimum Increase Under RGBO 40

Rent-stabilized tenant complained of rent overcharge. He claimed that, beginning in May 2014, landlord was seeking to retroactively collect the minimum dollar increases rather than the rent guidelines percentage increases that applied to his December 2008 renewal lease under RGBO No. 40. The minimum dollar increases had been the subject of a court challenge until New York's highest court ruled that the minimum dollar increases were legal. The DRA ruled for tenant, finding that landlord waited too long to collect the minimum dollar increases approved in 2011 in the case of Casado v. Markus. Landlord appealed and lost. Prior landlord and landlord took no action to apply the Casado decision to tenant's rent for three years. Landlord therefore had waived the right to collect the minimum dollar increases from tenant. It didn't matter whether the waiver was unintentional.

Parsons Manor LLC: DHCR Adm. Rev. Docket No. CV110036RO (1/29/15) [4-pg. doc.]