Overcharge Due to Failure to Register

(Decision submitted by Lynn Sirotkin of the Queens law firm of Pearlman, Apat & Futterman, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled for tenant and found there was a willful overcharge warranting triple damages. Landlord appealed. The sole basis for the overcharge award was that no registration had been filed for 1985. Landlord later filed the missing 1985 registration in 1991. Landlord argued that there was no willful overcharge. The DHCR ruled for landlord and revoked the triple damages. The Rent Stabilization Law was amended in 1993 so that if an overcharge was the result solely of landlord's failure to properly register, the only penalty was that the rent would be frozen until the missing registration was filed.

Topalov: DHCR Adm. Rev. Dckt. No. MB110015RK (5/22/98) [3-page document]