Landlord Waived Collection of RGBO Minimum Dollar Increases

Rent-stabilized tenant complained of rent overcharge. Starting in May 2014, landlord tried to collect retroactively minimum dollar increases applicable under Rent Guidelines Board Order Nos. 40 and 41. Orders 40 and 41 were effective between Oct. 1, 2008, and Sept. 30, 2010. Initially, in a court challenge, the minimum dollar increase had been disallowed. But New York’s highest court later ruled in March 2011 that the minimum dollar increase was legal. Landlord waited three years after the court decision to attempt collection of the higher, minimum dollar increase. Landlord therefore had waived the right to collect the higher increase. 

Parsons Manor LLC: DHCR Adm. Rev. Docket No. CV110051RO (6/1/15) [4-pg. doc.]