Late Registrations Filed While Complaint Was Pending

LVT Number: #22088

Tenant complained of a rent overcharge. The DRA ruled for tenant based on landlord’s failure to file rent registrations for the years between 2004 and 2007. Tenant’s rent was frozen at $1,221, and landlord was ordered to refund $9,950, including triple damages. Landlord appealed, claiming that the apartment was registered and that the rent otherwise was legal. The DHCR ruled for landlord and revoked the overcharge finding. Landlord had adjusted tenant’s rent after the DRA issued a separate rent reduction order.

Tenant complained of a rent overcharge. The DRA ruled for tenant based on landlord’s failure to file rent registrations for the years between 2004 and 2007. Tenant’s rent was frozen at $1,221, and landlord was ordered to refund $9,950, including triple damages. Landlord appealed, claiming that the apartment was registered and that the rent otherwise was legal. The DHCR ruled for landlord and revoked the overcharge finding. Landlord had adjusted tenant’s rent after the DRA issued a separate rent reduction order. And while tenant’s overcharge complaint was pending, landlord filed the missing annual rent registrations. So there was no overcharge.

111 West 68th Street: DHCR Adm. Rev. Docket No. XC410045RO (5/21/09) [2-pg. doc.]

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