Landlord Can't Change Tenant Name on Annual Registrations

Current landlord asked the DHCR to amend annual apartment registrations for tenant’s apartment for the years 2005 through 2010. Landlord claimed that those registrations incorrectly listed the tenant’s name as “Jordan Daniels.” Landlord claimed that Jordan Daniels didn’t live in the apartment during those years and submitted a copy of a vacancy lease between Jordan Daniels and prior landlord dated June 10, 2010. The DRA ruled against landlord because landlord couldn’t provide proof of who lived in the apartment from 2005 through 2009 and therefore, the listed tenant’s name couldn’t be removed. Landlord appealed and lost. Information entered on an apartment registration is presumed to be correct and accurate unless landlord produces evidence that plainly warrants amendment. Landlord hadn't produced sufficient evidence to amend the registrations here. In addition, tenant Daniels had sued landlord in court for rent overcharge. Landlord could wait and see if evidence was produced in that action that would support amending the rent registrations in question.

Putnam Holdings 125 LLC: DHCR Adm. Rev. Docket No. CU210050RO (8/27/15) [3-pg. doc.]