Landlord Can't Amend Rent Registration

Landlord asked the DHCR for permission to amend the 2012 annual registration filed for tenant's apartment. Landlord had registered the rent as $882.71 for tenant "Thomas Marcello" under lease starting on June 1, 2011, and ending on May 31, 2012. Landlord said that the rental amount was incorrect and should be $1,607.95. The current tenant, who moved into the apartment in 2013, objected to landlord's application.

The DRA ruled against landlord, who appealed and lost. Landlord argued that the requested amendment was needed to properly account for a 1/40th rent increase based on individual apartment improvements (IAIs) done in 2010 at a cost of $31,587, and that the person hired to prepare and file the rent registration made a mistake. The IAI increase was reflected in the 2013 registration. But Rent Stabilization Code Section 2528.3(c) added in 2014 permits amendment of rent registrations (other than the current registration) only upon approval of a request to the DHCR. And landlord didn't sufficiently justify the proposed amendment. There was no written statement from the person who prepared the rent registration. Landlord also filed annual registrations for the years 2010 through 2013 in 2015, which undermined the general reliability of the information registered. And approval of landlord's request to amend the 2012 registration would require more review than could be done within the scope of an application to amend a rent registration. The current tenant had filed a rent overcharge claim in court, where questions concerning the legal regulated rent and proper registered rent could be addressed.

Glynn: DHCR Adm. Rev. Docket No. EV210003RO (4/12/17) [3-pg. doc.]