Missing Registrations Not Only Reason for Overcharge

Tenant complained of a rent overcharge. While tenant's complaint was pending, the DRA notified landlord that no annual registrations had been filed for 1987 and 1988. Landlord completed late registration filings while the case was still pending. The DRA ruled for tenant, finding a willful rent overcharge and imposing triple damages. Landlord appealed, pointing out that it had completed the late registrations. The DHCR ruled against landlord. Landlord's failure to register tenant's apartment on time wasn't the only reason for the overcharge finding. Tenant's initial 1986 rent was in itself higher than the legal rent. The overcharge carried forward through the lease period following the temporary rent freeze imposed by landlord's failure to timely register the apartment.

Astoria 35 Inc.: DHCR Adm. Rev. Dckt. No. JI110063RO (3/18/96) [3-page document]