Landlord Can't Amend Rent Registration to Reflect New Apartment It Didn't Register in 2018

Landlord applied to the DHCR for permission to amend 2008 rent registrations for two apartments at its building. The DRA ruled against landlord, who appealed and lost. Landlord claimed that: (a) by April 2018, two adjoining apartments had become vacant; (b) the owner substantially altered the outer dimensions with expenses exceeding $75,000; and (c) the first rent charged for the newly combined unit was $5,000 per month as of April 1, 2018. But, as amended in 2014, the Rent Stabilization Code now permitted amendments to registrations to correct ministerial issues such as clerical errors in rent amounts, misspelling of a tenant's name, or an incorrect lease term. The DHCR wouldn't grant permission to amend registrations in order to add rent increases, or to redesignate a unit as vacancy deregulated. Landlord instead can correct its error in the next registration cycle or seek an administrative determination concerning the correct rent and regulatory status of the new apartment.

Rosenfeld: DHCR Adm. Rev. Docket No. LN410031RO (3/31/23)[3-pg. document]