Landlord Can't Amend 2013 Rent Registration

Landlord asked the DHCR in 2016 for permission to amend tenant’s 2012 and 2013 annual apartment rent registrations. Landlord sought to change the 2012 registered rent from $1,348.84 to $1,348.36, and to change the 2013 registered rent from $1,324.98 to $1,391.48. The DRA ruled for landlord in part, and authorized amendment of the 2012 registration. But the DRA denied permission to amend the 2013 registration because the legal regulated rent listed on tenant’s lease didn’t match the amount that landlord wanted to register as the corrected rent.

Landlord appealed and lost. Tenant’s 2013 renewal lease listed the rent as $1,324.98, not the $1,391.48 proposed by landlord. Landlord didn’t supply a sufficient justification for amending the 2013 rent. Tenant also filed a rent overcharge complaint after landlord applied to amend the registrations, and landlord could request any further amendment to the 2013 rent registration in response to that proceeding.

Linden: DHCR Adm. Rev. Docket No. EP410013RO (12/9/16) [2-pg. doc.]