Landlord Can't Amend Registration to Remove Apartment from Stabilization

Landlord asked the DHCR for permission to amend the 2012 rent registration for tenant’s apartment 2F. Landlord claimed that Apartment 2F was incorrectly registered as rent stabilized that year. Landlord claimed that it meant to register Apartment 2R as rent stabilized and 2F as permanently exempt. The DRA ruled against landlord, who appealed and won in part. The DHCR authorized landlord to file an amended registration for Apt. 2F for 2012 bearing the correct tenant names. But since 2F was registered as temporarily exempt for all years prior to 2005, and was registered as owner-occupied as of 2005, the DHCR declined to determine that 2F was permanently exempt as of 2005. Also, amendments seeking to remove an apartment from rent stabilization due to high-rent vacancy decontrol or any other reason claimed as a permanent exemption aren’t allowed.

Yensi: DHCR Adm. Rev. Docket No. CV210018RO (8/16/16) [2-pg. doc.]