Landlord Can't Amend 2007 Rent Registration

LVT Number: #30356

Landlord asked the DHCR for permission to amend its 2007 annual rent registration for one apartment that landlord claimed was incorrectly registered as rent stabilized rather then temporarily exempt. The DRA ruled against landlord, who appealed and lost. Landlord claimed that the 2007 registration of the unit as rent stabilized with a monthly rent of $250 was incorrect and the apartment actually was occupied at that time by the building super without payment of rent.

Landlord asked the DHCR for permission to amend its 2007 annual rent registration for one apartment that landlord claimed was incorrectly registered as rent stabilized rather then temporarily exempt. The DRA ruled against landlord, who appealed and lost. Landlord claimed that the 2007 registration of the unit as rent stabilized with a monthly rent of $250 was incorrect and the apartment actually was occupied at that time by the building super without payment of rent. The DHCR pointed out that Rent Stabilization Code Sections 2522.6(b) and 2528.3 permitted amendment of rent registrations for prior years only to correct clerical errors, or if directed by an order of the DHCR or another agency. The registration amendment that landlord requested was substantive, not clerical, and therefore couldn't be granted. 

601 West 180th St NYC LLC: DHCR Adm. Rev. Docket No. FX410011RO (7/24/19) [3-pg. doc.]

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