Landlord Waived Right to Collect Higher Rent Increase

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.

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