Landlord Can't Amend Rent Registrations Until DHCR Decides Overcharge Complaint

Landlord asked the DHCR for permission to amend annual rent registrations for the years 2007, 2009, and 2011 through 2014 for a specific apartment. Landlord claimed that it had mistakenly designated registrations for Apt. 2R as Apt. 1R and that tenant of Apt. 2R had now filed a rent overcharge complaint. Tenant objected to landlord's request, claiming that Apt. 1R contained an illusory tenancy. The DRA ruled against landlord, finding that the pending overcharge complaint could affect Apt. 2R's legal rent and therefore landlord could be directed to amend registrations in that proceeding.

Landlord appealed and lost. The DRA correctly decided to hold off on granting landlord's application pending further evaluation within the scope of the rent overcharge proceeding. The DRA's order wasn't an outright denial of landlord's application to amend rent registrations. In addition, the landlord's request, which sought to recalculate the rent history for the apartment, was beyond the scope of a registration amendment application. Amendments permitted under Rent Stabilization Code Section 2528.3(c) generally are limited to correction of clerical issues that may affect a single rent amount, a single lease term, or the correct spelling of a name. Landlord's amendment request was more complicated, and tenant objected.

Lowren Management Corp.: DHCR Adm. Rev. Docket No. FN210005RO (1/2618) [3-pg. doc.]