Missing Registration Filed Before Order Issued

(Decision submitted by David B. Cabrera of the Queens law firm of Horing & Welikson, P.C., attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA and the DHCR ruled for tenant, and landlord appealed, claiming that the DHCR should have corrected the DRA's finding that landlord hadn't filed a 1989 rent registration for tenant's apartment before issuance of the DRA's order. Since landlord had filed the 1989 registration before the DRA's order was issued, the DRA was in error to freeze tenant's rent at the 1988 level instead of the 1991 level. Landlord also claimed that the DHCR's imposition of triple damages was unreasonable. The court ruled for landlord and sent the case back to the DHCR. The court found that the DHCR should have sent the case back to the DRA to recalculate the rent based on the filing of the 1989 rent registration before the original order was issued. Since there were $21,000 in triple damages in the original order, the DHCR should have been more accurate in its calculations.

Clinton-Livingston Assocs. v. DHCR: Index No. 22862/96 (9/9/97) (Sup. Ct. Kings; Bernstein, J) [6-page document]