Landlord's Failure to Register Rent on Time Doesn't Result in Overcharge

Tenant complained of a rent overcharge. He said that landlord failed to register the legal rent for his apartment in 1998. The DRA ruled against tenant. Tenant appealed and lost. The DHCR again ruled against tenant. Tenant filed his overcharge complaint in June 2006, so the base rent date for determining any overcharge was June 2002. Landlord's failure to register the apartment rent in 1998 predated the base rent date for tenant's complaint. So, that information couldn't be considered in ruling on whether there was any overcharge. Tenant then claimed that landlord didn't register the apartment for 2001, 2002, and 2003, but he didn't raise this claim before the DRA, so it couldn't be considered on appeal. Also, late registration didn't result in an overcharge if the rents were otherwise legal.

Rosado: DHCR Adm. Rev. Docket No. UJ610035RT (1/17/07) [2-pg. doc.]