Landlord Didn't List Prior Legal Registered Rent on Registration

Tenant complained of a rent overcharge. The DRA ruled against tenant. Tenant appealed, claiming that landlord didn't prove that the apartment was vacant on the base rent date. The DHCR ruled against tenant. Tenant hadn't raised this issue before the DRA, so he couldn't raise it for the first time now in his PAR. But, although there was still no overcharge, the DRA had miscalculated the legal rent. After the base date, prior tenant moved into the apartment on Sept. 1, 1999. Prior tenant's lease listed the rent as $1,000 per month. The 2000 annual registration listed $1,000 as prior tenant's preferential rent and $1,085 as prior tenant's legal rent. But landlord didn't file the 2000 registration form until September 2001, and prior tenant no longer lived in the apartment by that time. Since landlord didn't file and deliver to prior tenant the 2000 registration, the legal regulated rent in 1999 was $1,000.

Pergl: DHCR Adm. Rev. Dckt. Nos. SA410035RT & SA410028RO (12/2/05) [8-pg. doc.]