Landlord Proved Apartment Was Registered

Tenant complained of a rent overcharge. He claimed landlord didn't send tenant a 1986 registration for the apartment or file that rent registration with the DHCR. The DRA asked landlord to submit ''postal proof'' of the registration. Landlord submitted only a notarized annual registration summary and a proof of filing in September 1986. The DRA ruled for tenant, and landlord appealed, claiming that it had submitted sufficient proof of registration. The DHCR ruled for landlord. DHCR Policy Statement 92-3 states that, for registrations filed before 1988, proof of filing of rent registrations is to be based upon the ''totality of evidence.'' Landlord had registered tenant's building on time in every other year, and the lack of postal proof alone didn't prove a failure to register.

M. Weiss Realty Corp.: DHCR Adm. Rev. Dckt. No. FB610109RO (2/5/98) [2-page document]