Landlord Waived a Prior Vacancy Rent Increase

LVT Number: #30523

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found that prior landlord had waived a vacancy rent increase in 2008 when a prior tenant moved out. Landlord appealed and lost. Landlord argued that there could be no waiver if it wasn't based on a voluntary and intentional relinquishment of a known right. But the DHCR pointed out that in 1975, a New York court ruled in Collingwood Enterprises v.

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88-05 171, LLC: DHCR Adm. Rev. Docket No. GW110029RO (10/29/19) [2-pg. doc.]