Landlord Filed Late Registration

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) Tenant complained of a rent overcharge, claiming that landlord hadn't registered the apartment since 1987. Landlord told the DRA that the registrations had been filed, but that, due to some confusion after several buildings had been merged, the DHCR's records got mixed up. The DRA ruled for landlord. Tenant appealed, and the DHCR also ruled for landlord. The law now says that if landlord files a late registration, the DHCR will negate any overcharge based solely on landlord's failure to register. In this case, landlord had filed the registrations late, but before the DRA issued its order. So, there was no overcharge.

Svitzer: DHCR Adm. Rev. Dckt. No. HL 210003-RT (1/11/95) [3-page document]