Landlord's Request to Amend Rent Registration Was Premature

LVT Number: #30357

Landlord asked the DHCR for permission to amend the 2016 annual rent registration for one apartment. The DRA ruled against landlord, finding that it was premature to amend that registration in light of a pending DHCR rent overcharge complaint. Landord appealed and lost. Landlord argued that the requested amendments only reflected the tenants' names and rent listed under the June 1, 2015, lease because the 2016 registration originally filed was based on information contained in the 2015 registration and was mistaken. The DHCR found that the DRA properly denied landlord's request.

Landlord asked the DHCR for permission to amend the 2016 annual rent registration for one apartment. The DRA ruled against landlord, finding that it was premature to amend that registration in light of a pending DHCR rent overcharge complaint. Landord appealed and lost. Landlord argued that the requested amendments only reflected the tenants' names and rent listed under the June 1, 2015, lease because the 2016 registration originally filed was based on information contained in the 2015 registration and was mistaken. The DHCR found that the DRA properly denied landlord's request. Landlord's claim that the overcharge proceeding had no effect on the 2016 registration was incorrect. The legal rent, to be determined in the overcharge proceeding, would be determined by leases and rent ledgers and not by rent registration statements.

Romero: DHCR Adm. Rev. Docket No. GT210003RO (7/25/19) [2-pg. doc.]

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