Tenant's Rent Frozen Due to Landlord's Improper 2012 Rent Registration

LVT Number: #27229

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $7,068, including triple damages. The DRA also froze the collectible rent due to landlord's failure to file timely building and apartment registrations for 2012. Landlord appealed and lost. Landlord claimed that it had filed the 2012 registrations but under an incorrect Multiple Dwelling Registration (MDR) number associated with another building in the same complex.

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $7,068, including triple damages. The DRA also froze the collectible rent due to landlord's failure to file timely building and apartment registrations for 2012. Landlord appealed and lost. Landlord claimed that it had filed the 2012 registrations but under an incorrect Multiple Dwelling Registration (MDR) number associated with another building in the same complex. But the DHCR found that landlord didn't file the 2012 registration until 2015 and, even if filed in 2012, landlord admitted that the registration contained an incorrect MDR number. The DHCR notifies landlords if they file registrations under an incorrect MDR number shortly after filing. And landlord didn't explain why it waited three years to refile. There were also other reasons for the overcharge finding. So the DRA correctly froze tenant's rent and imposed triple damages.

Eastchester Heights LP: DHCR Adm. Rev. Docket No. EO610039RO (7/27/16) [2-pg. doc.]

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