Landlord Didn't Register Apartment

LVT Number: 11339

Tenant complained of a rent overcharge. Landlord didn't provide any rent history information in response to tenant's complaint so the DRA reduced tenant's initial monthly 1990 rent from $750 to $577, using the DHCR's default formula. But the DRA also found that landlord hadn't properly registered tenant's apartment for the years 1986 through 1991. So the DRA froze tenant's rent at $220, the 1985 registered rent. Landlord appealed, claiming that the building had been properly registered. The DHCR ruled against landlord.

Tenant complained of a rent overcharge. Landlord didn't provide any rent history information in response to tenant's complaint so the DRA reduced tenant's initial monthly 1990 rent from $750 to $577, using the DHCR's default formula. But the DRA also found that landlord hadn't properly registered tenant's apartment for the years 1986 through 1991. So the DRA froze tenant's rent at $220, the 1985 registered rent. Landlord appealed, claiming that the building had been properly registered. The DHCR ruled against landlord. Although landlord registered the building for all years, he hadn't registered tenant's apartment for the years the DRA stated. The rent freeze would remain in effect until landlord served and filed proper late registrations.

Otero: DHCR Adm. Rev. Dckt. No. GB810260RO (1/14/97) [4-page document]

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