Landlord Didn't File Initial Registration

Facts: Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord had collected a rent overcharge. Tenant was the second rent-stabilized tenant of the apartment. But landlord had never filed an initial registration statement when the apartment became decontrolled. Landlord claimed that under 1993 amendments to the rent stabilization law, late filing of the registration statement reinstated the rent, at least prospectively. Court: Landlord loses. In this case, landlord had never filed the initial registration, so no lawful stabilized rent for the apartment had ever been established. Tenant still had 90 days from service of the initial registration statement to challenge the rent, which tenant did. The purpose of the rent stabilization law amendments was to give landlords relief for not performing the administrative act of filing the annual registrations. Tenant's legal rent, for the period the apartment was never initially registered, is $121.60---the last rent under rent control.

Verveniotis v. Cacippo & Spitalieri: NYLJ, p. 26, col. 4 (3/9/94) (Civ. Ct. Kings; Lau, J)