Landlord Can't Amend 2019 Rent Registration

LVT Number: #32115

Landlord asked the DHCR for permission to amend the 2019 rent registration for Apt. 54 in its building. The DRA ruled against landlord, who appealed and lost. Landlord claimed that it mistakenly registered the apartment as rent stabilized in 2019 despite the fact that the unit was permanently deregulated due to a high-rent vacancy in 2018. Landlord argued that it wasn't seeking to recalculate the rent to remove the apartment from regulation. It had registered the apartment in 2019 as $3,426, and the registration also listed the apartment as vacant on April 1, 2019.

Landlord asked the DHCR for permission to amend the 2019 rent registration for Apt. 54 in its building. The DRA ruled against landlord, who appealed and lost. Landlord claimed that it mistakenly registered the apartment as rent stabilized in 2019 despite the fact that the unit was permanently deregulated due to a high-rent vacancy in 2018. Landlord argued that it wasn't seeking to recalculate the rent to remove the apartment from regulation. It had registered the apartment in 2019 as $3,426, and the registration also listed the apartment as vacant on April 1, 2019. The last rent-stabilized tenant had moved out in September 2018. But rent registrations can be amended only for ministerial issues such as clerical or typographical errors. Landlord's application to amend the 2019 apartment registration to show that the apartment was permanently deregulated as of April 1, 2019, due to the legal rent exceeding the deregulation threshold during tenant's occupancy that commenced on May 15, 2018, was inappropriate and outside the scope of a registration amendment application permitted by RSC Section 2528.4(c).

37A Bedford LLC: DHCR Adm. Rev. Docket No. JV410031RO (5/26/22)[3-pg. document]

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