Collectible Rent Frozen Due to Failure to Register Apartment

LVT Number: #32123

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant, finding an improper increase in 2015. The DRA also froze the collectible rent due to landlord's failure to register the apartment from 2015 to 2020. The DRA ordered landlord to refund $8,099, including triple damages. Landlord appealed and lost. Landlord argued that he bought the building in 2020 and had increased tenant's rent legally since then.

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant, finding an improper increase in 2015. The DRA also froze the collectible rent due to landlord's failure to register the apartment from 2015 to 2020. The DRA ordered landlord to refund $8,099, including triple damages. Landlord appealed and lost. Landlord argued that he bought the building in 2020 and had increased tenant's rent legally since then. But, pursuant to RSC Section 2526.1(f)(2)(i), a new landlord is responsible for overcharges collected by its predecessor as well as any penalties.

Hung: DHCR Adm. Rev. Docket No. KM110012RO (6/17/22)[2-pg. document]

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