Landlord Didn't Register Apartment

Tenant complained of a rent overcharge and claimed that his apartment had never been registered with the DHCR. The DRA ruled for tenant and set his rent by taking the March 31, 1984, average of comparable rents and adding guideline increases up until the lease term under which tenant took occupancy in 1988. This established tenant's base rent; the DRA also added applicable guideline increases for tenant's renewal lease. Landlord appealed, claiming various errors in the DRA's ruling. The DHCR ruled against landlord. Landlord didn't prove that the apartment was ever registered. And if landlord's calculations were used, there would be an even greater overcharge than the one found by the DRA.

Sokol: DHCR Adm. Rev. Dckt. No. KB710018RP (3/29/96) [6-page document]