Landlord Can't Amend Rent Registrations to Change Apartment Status

Landlord asked the DHCR in 2019 for permission to amend its annual rent registration summaries for 2016 and 2017 by removing an apartment from the total rent-stabilized units and adding it to the total number of permanently exempt apartments.

The DRA ruled against landlord, who appealed and lost. Landlord argued that the apartment hadn't been rent stabilized since 2002 and that it made a clerical error in its 2016/2017 registrations. Rent registration amendments seeking to remove an apartment from rent-stabilized status for any claimed reason are not allowed. Landlord's request went beyond the scope of a registration amendment application proceeding, which is limited to ministerial or clerical errors such as misspelling a tenant's name or listing an incorrect lease term.

LL 410 East 78th Street LLC: DHCR Adm. Rev. Docket No. HU410005RO (8/11/21)[3-pg. document]