Landlord Claims Registration Files Lost

LVT Number: 10968

Tenant complained of a rent overcharge and claimed that landlord didn't register his apartment with the DHCR in 1988. Landlord claimed it had filed the 1988 registration but had lost its file, so it couldn't produce any documents to prove it. Landlord pointed out that it filed the 1989 registration. The DRA ruled for tenant. No DHCR records showed the 1988 registration. The DRA froze tenant's rent to the level in effect on April 1, 1987, resulting in a rent overcharge. Landlord appealed. The DHCR ruled against landlord.

Tenant complained of a rent overcharge and claimed that landlord didn't register his apartment with the DHCR in 1988. Landlord claimed it had filed the 1988 registration but had lost its file, so it couldn't produce any documents to prove it. Landlord pointed out that it filed the 1989 registration. The DRA ruled for tenant. No DHCR records showed the 1988 registration. The DRA froze tenant's rent to the level in effect on April 1, 1987, resulting in a rent overcharge. Landlord appealed. The DHCR ruled against landlord. Failure to file a proper and timely annual registration bars landlord from applying for or collecting any rent increase above the last registered rent until such time as the missing registration is filed. The fact that landlord registered in 1989 didn't cure the fact that landlord didn't register in 1988.

Blueberry Hill Mgmt. Corp.: DHCR Admin. Rev. Dckt. No. EC910323RO (8/28/96) [3-page document]

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