Apartment Owner-Occupied Four Years Before Tenant Complained

(Decision submitted by Jack Kuttner of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled for tenant, found that the overcharge was willful, and froze the rent at the amount charged on April 1, 1984, because landlord didn't register the apartment for the years 1985 through 1988 and 1990. Landlord appealed, claiming that no registration was required for the years 1985 through 1988 because the apartment was owner-occupied at that time. Landlord also argued that the DRA incorrectly set the base date as April 1, 1984, when tenant's complaint was filed in 1990, more than four years later. The DHCR ruled for landlord. Landlord proved that the apartment was owner-occupied between 1985 and 1988. So landlord wasn't required to register the apartment for those years. However, the rent freeze was effective as of April 1, 1990, since this was after the period of owner occupancy and the apartment still wasn't registered. Applying the four-year time limit in this case didn't change the amount of overcharge.

Migdol Realty Mgmt.: DHCR Adm. Rev. Dckt. No. GF410044RO (6/9/99) [2-pg. doc.]