Appeals Court Strikes Down DHCR Policy on Registration Fees

January 1, 1997

LVT Number: 11154

Tenants challenged DHCR Policy Statement 92-1, which provides that the pen-alty for nonpayment of rent registration fees cannot be imposed on landlords until 60 days after the DHCR sends notice of nonpayment of the fees, accompanied by a copy of the charge. Tenants claimed that the rent stabilization law required immediate penalty without any second notice or grace period. The court ruled for tenants, and the DHCR appealed. The appeals court ruled against the DHCR, upholding the lower court's ruling that Policy Statement 92-1 was invalid.

Tenants challenged DHCR Policy Statement 92-1, which provides that the pen-alty for nonpayment of rent registration fees cannot be imposed on landlords until 60 days after the DHCR sends notice of nonpayment of the fees, accompanied by a copy of the charge. Tenants claimed that the rent stabilization law required immediate penalty without any second notice or grace period. The court ruled for tenants, and the DHCR appealed. The appeals court ruled against the DHCR, upholding the lower court's ruling that Policy Statement 92-1 was invalid.

Moreira v. Halperin: NYLJ, p. 27, col. 4 (12/5/96) (App. Div. 1 Dept.; Milonas, JP, Wallach, Kupferman, Tom, Andrias, JJ)

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