Application to Amend Annual Registration Isn't Supported by Lease

Landlord asked the DHCR for permission to amend annual registrations for one apartment for the years 2018 through 2022. The DRA ruled for landlord in part, allowing amendment of registrations for years 2018 through 2020. But the DRA rejected the request to amend registrations for 2021 and 2022 because landlord failed to submit a fully executed lease copy to support its request.

Landlord appealed and lost. The lease dated March 1, 2021, that landlord submitted to the DRA wasn't signed by tenant. The DRA's order also wasn't a determination of the legal rent for the apartment but only a ruling on whether landlord had sufficient justification for amending the registrations. In addition, RSC Section 2522.6(b) provides that landlord can amend registrations only for ministerial reasons such as clerical or typographical errors. Landlord's application also sought to recalculate the rental history or other types of changes not appliable to a registration amendment application. 

Alberts: DHCR Adm. Rev. Docket No. MN210009RO (5/10/24)[4-pg. document]