Landlord Filed Late Registration

February 1, 1996

LVT Number: 10343

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed rent overcharge because landlord hadn't registered his apartment with the DHCR. The DHCR ruled against tenant. Tenant had stipulated in a prior action that the apartment was registered with DHCR in each of the years between 1985 and 1991. So tenant couldn't claim now that landlord didn't register the apartment in 1985. Also, since landlord had filed the 1985 registration by 1990, the legal rent was no longer frozen and he was allowed to collect the full rent from that point on.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed rent overcharge because landlord hadn't registered his apartment with the DHCR. The DHCR ruled against tenant. Tenant had stipulated in a prior action that the apartment was registered with DHCR in each of the years between 1985 and 1991. So tenant couldn't claim now that landlord didn't register the apartment in 1985. Also, since landlord had filed the 1985 registration by 1990, the legal rent was no longer frozen and he was allowed to collect the full rent from that point on. In this case the dispute over collectible rent went back only to 1992.

Dwight v. Carroll: NYLJ, p. 25, col. 3 (1/19/96) (App. T. 1 Dept.; Parness, JP, McCooe, Freedman, JJ)

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