Landlord Can't Amend Rent Amount Registered

LVT Number: #32315

Landlord requested an administrative determination (AD) from the DHCR in 2021, seeking permission to amend its 2018 building registration summary and apartment registration for one apartment. Landlord said that the apartment had been improperly registered as permanently exempt due to high-rent vacancy. Landlord provided the tenant's name and stated that the rent-stabilized rent was $980 under a lease in effect from July 1, 2017 - June 30, 2019. The tenant didn't object to landlord's application.

Landlord requested an administrative determination (AD) from the DHCR in 2021, seeking permission to amend its 2018 building registration summary and apartment registration for one apartment. Landlord said that the apartment had been improperly registered as permanently exempt due to high-rent vacancy. Landlord provided the tenant's name and stated that the rent-stabilized rent was $980 under a lease in effect from July 1, 2017 - June 30, 2019. The tenant didn't object to landlord's application. The DRA ruled for landlord in part but didn't permit any change to the amount of rent previously registered. Landlord appealed and lost. The DHCR noted that amendments seeking to recalculate an apartment's rent history weren't eligible as part of an amendment to correct ministerial issues such as a clerical error. Landlord must keep all relevant records in the event of a tenant challenge to the legal regulated rent. 

Hancock 21 PP Holdings LLC: DHCR Adm. Rev. Docket No. KR210013RO (10/6/22)[3-pg. document]

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