Filing Late Registrations Defeats Overcharge Claim

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled against tenant. Tenant had paid no more than the legal regulated rent of $1,100, so there was no overcharge. Tenant appealed and lost. Tenant argued that landlord didn’t register his apartment until after tenant filed his complaint. But Rent Stabilization Code Section 2528.4 allows landlord to file missing registrations while an overcharge claim is pending. If they are filed before the case is decided, and any rent increases since the base rent date are otherwise legal, there will be no rent freeze or overcharge finding.

Garcia: DHCR Adm. Rev. Docket No. YA610021RT (2/16/10) [2-pg. doc.]