Landlord Didn't Register Vacant Apartment

LVT Number: 14385

Tenant complained of a rent overcharge. The DRA ruled for tenant and found an overcharge based on landlord's failure to file an annual registration for 1985. Landlord appealed, claiming that the apartment was vacant for most of 1985 while it was being renovated. Landlord also believed that no registration was required in 1985 if an apartment was vacant. The DHCR ruled for landlord. Given the unique circumstances and landlord's good-faith belief that no annual registration was required in 1985, landlord shouldn't be penalized for not registering that year.

Tenant complained of a rent overcharge. The DRA ruled for tenant and found an overcharge based on landlord's failure to file an annual registration for 1985. Landlord appealed, claiming that the apartment was vacant for most of 1985 while it was being renovated. Landlord also believed that no registration was required in 1985 if an apartment was vacant. The DHCR ruled for landlord. Given the unique circumstances and landlord's good-faith belief that no annual registration was required in 1985, landlord shouldn't be penalized for not registering that year.

Concerned Mgmt. Corp./Mid Queens L.P.: DHCR Adm. Rev. Dckt. Nos. NG110025RP and FF110166RO (7/19/00) [4-pg. doc.]

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