Application Improperly Denied Based on Missing Registration

Landlord applied for MCI rent increases. The DHCR ruled against landlord and denied its application because landlord hadn't filed apartment registration statements for 1987 and 1988. Landlord appealed. The court ruled for landlord and the DHCR appealed. The appeals court ruled against the DHCR. It was irrational for the DHCR to deny landlord,s application. As far as the MCI application was concerned, it didn,t matter whether the registrations were timely filed. Landlord had filed the initial 1984 registration and the 1986 registration, and the 1987 and 1988 registrations weren,t due when the MCI application was filed. And the Rent Stabilization Code provides for the prospective elimination of sanctions for not timely filing registrations once they are filed.

226 East 13th St. Limited Partnership v. DHCR: NYLJ, p. 26, col. 6 (5/25/95) (App. Div. 1 Dept.; Murphy, PJ, Rosenberger, Kupferman, Nardelli, Mazzarelli, JJ)