Landlord Proved Apartment Was Registered

LVT Number: 7034

Tenant complained of a rent overcharge. The DHCR's records showed that landlord had registered tenant's apartment with the DHCR every year between 1984 and 1992, except 1985. So, the DRA determined the May 1, 1984, rent and then froze tenant's rent because of landlord's supposed failure to register the apartment in 1985. Landlord appealed, claiming the apartment was registered in 1985, and submitted proof in the form of a Rent Stabilization Association mailing house addressee list and postal receipt showing an October 1985 mailing.

Tenant complained of a rent overcharge. The DHCR's records showed that landlord had registered tenant's apartment with the DHCR every year between 1984 and 1992, except 1985. So, the DRA determined the May 1, 1984, rent and then froze tenant's rent because of landlord's supposed failure to register the apartment in 1985. Landlord appealed, claiming the apartment was registered in 1985, and submitted proof in the form of a Rent Stabilization Association mailing house addressee list and postal receipt showing an October 1985 mailing. The DHCR revoked the overcharge finding, given landlord's proof of service of the 1985 registration, the fact that tenant's rent was consistent with appropriate guideline and other increases, and the fact that landlord had unquestionably registered all other years.

7311 4th Avenue, Apt. 2C: DHCR Adm. Rev. Dckt. No. FD 210297-RO (3/10/93) [3-page document]

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