Landlord Didn't Prove Registration Served

Tenant complained of a rent overcharge. He moved into the apartment in 1977 at a monthly rent of $145. Tenant claimed he never received an RR-1 form for the initial registration of his apartment with the DHCR in 1984. Landlord claimed that it registered the apartment with the DHCR but that since the building was an SRO hotel, it wasn't required to serve tenant with the RR-1. The DRA ruled for tenant. Based on landlord's failure to serve tenant with the RR-1, the DRA froze tenant's rent to the level in effect on April 1, 1984. The DRA found a willful overcharge and assessed triple damages. Landlord appealed. The DHCR ruled against landlord on the issue of the rent freeze. Landlord was required to serve tenant with an RR-1 and didn't show that this was ever done. But triple damages don't apply in a case where the only basis for an overcharge finding is failure to properly register the apartment.

138 Holding Corp.: DHCR Adm. Rev. Dckt. No. ID 510008 RO (11/7/95) [4-page document]