Landlord Can't Amend Rent Registration

LVT Number: #26336

Landlord asked the DHCR for permission to amend the annual 2012 rent registration for a first-floor apartment in his building. Landlord had registered the rent as $1,350 but said this was a mistake. Landlord said the registered rent should be changed to an amount based on the prior legal rent of $1,609 plus the applicable Rent Guidelines increase. Landlord had signed a settlement agreement in court with tenant that set the rent at $1,200, but landlord claimed that this was a preferential rent. The DRA ruled against landlord and wouldn't permit amendment of the annual registration.

Landlord asked the DHCR for permission to amend the annual 2012 rent registration for a first-floor apartment in his building. Landlord had registered the rent as $1,350 but said this was a mistake. Landlord said the registered rent should be changed to an amount based on the prior legal rent of $1,609 plus the applicable Rent Guidelines increase. Landlord had signed a settlement agreement in court with tenant that set the rent at $1,200, but landlord claimed that this was a preferential rent. The DRA ruled against landlord and wouldn't permit amendment of the annual registration. Landlord appealed and lost. The Rent Stabilization Code permits the amendment of an annual rent registration upon request only if a landlord seeks to correct a clerical error. Registration information otherwise is part of the overall rental history for an apartment and generally isn't subject to amendment. 

 

Papastamatis: DHCR Adm. Rev. Docket No. CU110008RO (6/23/15) [2-pg. doc.]

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