DHCR Won't Decide Application to Amend Registrations While Overcharge Complaint Pending

Landlord applied to the DHCR to amend apartment rent registrations for 2012 through 2015 based on errors made during the original filing.The DRA terminated the proceeding because tenant’s rent overcharge complaint was pending before the DRA and the ruling in the overcharge case could affect the legal regulated rent. The DRA noted that landlord could be directed to amend apartment registrations as part of the ruling in the overcharge case. Landlord appealed and won in part. Landlord argued that its registration amendments were clerical in nature and should be permitted. They didn’t affect the legal regulated rent or trigger an exemption from rent stabilization. Landlord’s application was filed before the overcharge complaint was filed. The DHCR found that the DRA terminated landlord’s application solely on the basis that there was an overcharge complaint pending. Tenant had now withdrawn her overcharge complaint. Therefore, the DRA shouldn't decide landlord’s application to amend rent registrations on the merits.

CoBroadway LLC & THG Broadway LLC: DHCR Adm. Rev. Docket No. DX210011RO (8/25/16) [3-pg. doc.]