Landlord Can't Amend Rent Registration While Overcharge Complaint Pending

Landlord asked the DHCR for permission to amend the annual apartment registration for tenant’s apartment. The DRA ruled against landlord, finding that the request was premature due to a pending rent overcharge complaint. Landlord appealed and lost. Landlord claimed that the apartment was exempt from rent stabilization after 421-a tax benefits expired. The DHCR dismissed the PAR because it didn’t claim that the DRA’s order contained errors. In addition, the question involving the regulated status of an apartment generally is beyond the scope of an application to amend rent registrations. Landlord can address these issues in the rent overcharge proceeding still pending before the DHCR.

Asaro: DHCR Adm. Rev. Docket No. EP110028RO (12/9/16) [2-pg. doc.]