Landlord Filed Late Initial Registration

December 1, 1995

LVT Number: 10213

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed landlord had collected a rent overcharge. The court ruled for tenant without a trial, awarding tenant triple damages. Landlord appealed. The appeals court reversed and ruled for landlord. Landlord sought back rent due for the period April through June 1993. Tenant claimed that, although subsequent registrations were filed, landlord didn't file an initial rent registration statement for the apartment in 1988. But landlord filed a late registration in May 1993.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed landlord had collected a rent overcharge. The court ruled for tenant without a trial, awarding tenant triple damages. Landlord appealed. The appeals court reversed and ruled for landlord. Landlord sought back rent due for the period April through June 1993. Tenant claimed that, although subsequent registrations were filed, landlord didn't file an initial rent registration statement for the apartment in 1988. But landlord filed a late registration in May 1993. And landlord sought only the $800 monthly rent set forth in tenant's initial 1989 lease. Under the rent stabilization law, late registration results in a rent freeze until the registration was filed. So there was no overcharge.

D.B.L. Realty Corporation v. Zavala: NYLJ, p. 25, col. 2 (11/7/95) (App. T. 1 Dept.; Parness, JP, Miller, J)

Topics

More like this