Minor Error on Registration

(Decision submitted by Robert H. Berman, of the Manhattan law firm of Borah Goldstein Altschuler & Schwartz, P.C., attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered a refund of $33,000 in rent overcharges. Landlord asked for reconsideration. Before landlord had a chance to answer tenant's complaint, the DRA had issued its order and had erroneously determined that landlord never filed a 1987 annual registration statement for tenant's apartment. Landlord had in fact filed the 1987 registration. The DRA reopened the case and found that the total overcharge was only $3,000. Tenant appealed, claiming that landlord's 1987 registration listed the wrong apartment number and the wrong tenant. The DHCR ruled against tenant. Landlord had incorrectly listed the apartment number as 318E instead of 18E on the 1987 registration. But landlord correctly listed tenants' names. The minor error on the registration form didn't invalidate the 1987 apartment registration.

Gaillard: DHCR Adm. Rev. Dckt. No. JK610377RT (10/16/96) [3-page document]