Certified Mail Receipts Not Enough to Prove Registration

LVT Number: 9611

Facts: Tenants complained of a rent overcharge. The DRA froze the rent as of April 1, 1986, because DHCR records showed that tenants' apartment wasn't registered with the DHCR for the years 1986 and 1988. Landlord appealed, claiming that he did register the apartment. Landlord resubmitted certified mail receipts to DHCR and copies of 1986 and 1988 registrations. But these registrations were on 1985 forms; landlord claimed the correct forms weren't available when he filed.

Facts: Tenants complained of a rent overcharge. The DRA froze the rent as of April 1, 1986, because DHCR records showed that tenants' apartment wasn't registered with the DHCR for the years 1986 and 1988. Landlord appealed, claiming that he did register the apartment. Landlord resubmitted certified mail receipts to DHCR and copies of 1986 and 1988 registrations. But these registrations were on 1985 forms; landlord claimed the correct forms weren't available when he filed.

Pechock: DHCR Adm. Rev. Dckt. No. ID 410011-RP (12/28/94) [9-page document] ISDT: 199504

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