Landlord Can't Amend Prior Rent Registration to Reflect Vacancy Deregulation

LVT Number: #31692

After new management discovered some rent registration errors, landlord sought permission from the DHCR in July 2020 to amend some annual apartment registrations. The DRA granted in part landlord's request to amend a 2009 annual apartment registration, and denied its request to withdraw its 2017 annual apartment registration. Landlord appealed and lost. Landlord claimed that the 2017 registration was mistakenly filed since the apartment was no longer subject to rent stabilization at that time.

After new management discovered some rent registration errors, landlord sought permission from the DHCR in July 2020 to amend some annual apartment registrations. The DRA granted in part landlord's request to amend a 2009 annual apartment registration, and denied its request to withdraw its 2017 annual apartment registration. Landlord appealed and lost. Landlord claimed that the 2017 registration was mistakenly filed since the apartment was no longer subject to rent stabilization at that time. But recalculation of the apartment's rent history wasn't a permitted reason for registration amendment. Registration amendments seeking to remove an apartment from rent-stabilized status due to high-rent vacancy decontrol weren't allowed under 2014 amendments to the Rent Stabilization Code since they didn't involve a technical or clerical error. 

NCR, LLC: DHCR Adm. Rev. Docket No. IX410006RO (10/1/21)[3-pg. document]

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