Landlord Didn't Prove 1985 Registration Filed with DHCR

LVT Number: 9612

Tenant complained of a rent overcharge in October 1987. Tenant had lived in the apartment since 1973. The DRA ruled for tenant. Although landlord had always properly increased tenant's rent, it didn't submit proof to the DRA that it had filed the 1985 registration. So the DRA froze tenant's rent as of April 1, 1985 until such time as landlord filed a late registration for that year. Landlord appealed, claiming it had filed the missing registration. But landlord submitted no proof of filing of the 1985 registration.

Tenant complained of a rent overcharge in October 1987. Tenant had lived in the apartment since 1973. The DRA ruled for tenant. Although landlord had always properly increased tenant's rent, it didn't submit proof to the DRA that it had filed the 1985 registration. So the DRA froze tenant's rent as of April 1, 1985 until such time as landlord filed a late registration for that year. Landlord appealed, claiming it had filed the missing registration. But landlord submitted no proof of filing of the 1985 registration. Landlord submitted only a sworn statement and computerized list from the Rent Stabilization Association relating to service of the registration on tenants of the building. The DHCR ruled against landlord.

Big City Realty: DHCR Adm. Rev. Dckt. No. EI 610051 RO (2/3/95) [3-page document]

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