Landlord Not Given Chance to Provide Proof of Registration

Tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord hadn't registered tenant's apartment in 1986 and 1992. So the DRA froze tenant's rent at the rent collected at the time of the 1985 registration. Landlord appealed, claiming he never got notice from the DRA that there was a question about the apartment registration. The DHCR ruled for landlord. Landlord submitted leases in response to the DRA's request for rent history information. The DRA made no further requests for information from landlord. There was nothing in tenant's complaint or the DRA's notices that notified landlord that there could be an overcharge finding based on a lack of proof of annual registrations. Landlord should have been given a chance to submit proof of registration for the years in question. Landlord had filed the 1992 registration before the DRA's order was issued later that year. And, since tenant's complaint was filed in 1991, the DRA was only permitted to review rent history records going back to 1987. Landlord's failure to register the apartment in 1986 couldn't be considered. There was no overcharge.

Summers: DHCR Adm. Rev. Dckt. No. GJ920148RO (9/21/99) [3-pg. doc.]