Landlord Can't Amend Rent Registration to "Temporarily Exempt"

Landlord asked the DHCR in 2021 for permission to amend an apartment's annual rent registrations for the years 2015 through 2019. The apartment had been registered as rent stabilized, but landlord claimed that it was temporarily exempt during those years. Landlord argued that the building's former owner was an illegal occupant of the unit until he moved out in November 2020. Registrations had mistakenly listed the prior owner as a rent-stabilized tenant. Landlord had sued for eviction of the prior owner. That case was settled, and the prior owner moved out.

The DRA ruled against landlord, who appealed and lost. The DHCR found that landlord's application was correctly denied. Amendment of rent registrations is permitted to correct ministerial issues such as a clerical error in the rent amount, misspelling of a tenant's name, or an incorrect lease term. An amendment seeking to remove an apartment from rent-stabilized status for any claimed reason wasn't allowed. 

East 53 BSD LLC: DHCR Adm. Rev. Docket No. JU210053RO (4/21/22)[3-pg. document]