Landlord Needn't Register Rent-Controlled Apartment

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled for tenant and froze his rent because landlord didn't register the apartment for the years 1988 and 1989. Landlord appealed. In 1988 and 1989, prior tenant still lived in the apartment and it was still rent-controlled. Landlord argued that it didn't have to register the rent-controlled apartment during those years. The DHCR ruled for landlord. Landlord didn't have to file annual rent registrations for the apartment while it was still rent-controlled. Tenant moved into the apartment on June 1, 1989, and was the first rent-stabilized tenant. Landlord increased the rent by adding 45 percent to the MCR plus fuel cost adjustments plus 1/40th of the cost of individual apartment improvements. So the rent was within the fair market rent and there was no overcharge.

Shomer Mgmt. Corp.: DHCR Adm. Rev. Dckt. No. GD210159RO (6/12/98) [1-page document]