Landlord waived flat rate renewal increase under RGBO 41 #25737.

Position:RENT OVERCHARGE - Brief article

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $605, including triple damages. Landlord appealed and won, in part. Landlord had charged tenant a 6 percent renewal increase for the lease term between May 1, 2010, and April 30, 2012. At the time, in the case of Casado v. Markus, a lower court had disallowed a $60 flat-rate increase for low rents that had been approved under Rent Guidelines Board Order (RGBO) No. 41. Later, New York's highest court upheld the $60 increase. So landlord used the higher rent it could have charged under tenant's 2010 renewal lease as the base rent for calculating tenant's rent under his 2012 renewal lease. Landlord argued that the DHCR renewal lease forms didn't allow him to modify the lease to preserve the higher rent on the form. But landlord had included both the higher rent...

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