Landlord Can't Amend Rent Registrations to Reflect Claimed Substantial Rehab

September 28, 2016

LVT Number: #27226

Landlord applied to the DHCR for amendment to its 2011 annual rent registration. The DRA ruled against landlord and denied the application. Landlord appealed and lost. The Rent Stabilization Code permits amendment of annual rent registrations only to correct clerical errors. An amendment for the purposes of recalculating the rent history for an apartment cannot be resolved through an administrative application. Landlord claimed that the building had been substantially rehabilitated and that the apartments were improperly registered as rent-stabilized.

Landlord applied to the DHCR for amendment to its 2011 annual rent registration. The DRA ruled against landlord and denied the application. Landlord appealed and lost. The Rent Stabilization Code permits amendment of annual rent registrations only to correct clerical errors. An amendment for the purposes of recalculating the rent history for an apartment cannot be resolved through an administrative application. Landlord claimed that the building had been substantially rehabilitated and that the apartments were improperly registered as rent-stabilized. Landlord should file with the DHCR an application to determine whether the building is exempt. This question cannot be resolved through amendment of rent registrations.

Safeguard Realty Management, Inc.: DHCR Adm. Rev. Docket No. CU410048RO (7/29/16) [3-pg. doc.]

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