Landlord Didn't File Annual Rent Registration

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant and froze tenant's rent for the period between April 1, 2004, and May 31, 2007, based on landlord's failure to register tenant's rent. Landlord appealed, claiming that, until December 2006, he charged tenant less than the legal regulated rent due to hardships tenant was experiencing. Landlord also explained why he filed 2004 and 2005 registrations late. The DHCR ruled against landlord. Even though landlord collected less than the full legal regulated rent, the amount collected was still more than the rent required by the rent freeze. The full rent became collectible going forward only when the landlord completed filing the late registrations.

Desouza: DHCR Adm. Rev. Docket No. WH210008RO (11/18/08) [2-pg. doc.]