Landlord Filed Late Registrations

LVT Number: 18161

Tenant complained of a rent overcharge. The DRA ruled for tenant based on landlord's failure to register the apartment for the years 2001–2004. The DRA froze tenant's rent effective April 1, 2001, and ordered landlord to refund $6,500, including triple damages. Landlord appealed, claiming that it had filed late registrations while tenant's complaint was pending. The DHCR ruled for landlord and revoked the overcharge finding. The DRA had notified landlord of its failure to register, and had given landlord a chance to correct this while the complaint was pending.

Tenant complained of a rent overcharge. The DRA ruled for tenant based on landlord's failure to register the apartment for the years 2001–2004. The DRA froze tenant's rent effective April 1, 2001, and ordered landlord to refund $6,500, including triple damages. Landlord appealed, claiming that it had filed late registrations while tenant's complaint was pending. The DHCR ruled for landlord and revoked the overcharge finding. The DRA had notified landlord of its failure to register, and had given landlord a chance to correct this while the complaint was pending. Landlord had mistakenly submitted the registration forms to the DHCR's Hempstead office, and was given extra time to submit the forms to the DHCR's Albany office. Landlord submitted proof of mailing of the forms to tenant and the DHCR.

Person Associates Inc.: DHCR Adm. Rev. Dckt. No. SL710027RO (4/20/05) [4-pg. doc.]

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