Rent Frozen Due to Failure to Register

July 31, 1997

LVT Number: 11678

Tenant complained of a rent overcharge. The DHCR ruled for tenant. Tenant's rent was frozen because landlord didn't register the apartment. Landlord appealed, claiming that the DHCR's decision was arbitrary and unreasonable. The court and appeals court ruled against landlord. There was no proof that landlord mailed copies of either the initial or subsequent annual registration forms to tenant. So the rent freeze was proper.

Tenant complained of a rent overcharge. The DHCR ruled for tenant. Tenant's rent was frozen because landlord didn't register the apartment. Landlord appealed, claiming that the DHCR's decision was arbitrary and unreasonable. The court and appeals court ruled against landlord. There was no proof that landlord mailed copies of either the initial or subsequent annual registration forms to tenant. So the rent freeze was proper.

Matter of Cooper Realty Co. v. DHCR: NYLJ, p. 30, col. 2 (7/1/97) (App. Div. 2 Dept.; Miller, JP, Sullivan, Joy, Altman, JJ)

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