Landlord Can't Collect Retroactive Rent Increases After Filing Late Registration

Facts: Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court by which tenant agreed to pay back rent. Tenant later got an attorney and asked the court to dismiss the petition because landlord hadn't properly registered his apartment rents for several years before the nonpayment case. Landlord had registered the apartment after starting the court case and signing the agreement. Landlord claimed that the Rent Regulation Reform Act of 1993 permitted retroactive collection of rents for the time before the rents were registered, once landlord files a late registration. Court: Landlord loses. Landlord's late filing of the registration barred it from collecting retroactive rents. The 1993 law doesn't authorize landlord to retroactively collect lawful guideline increases for the time before the late registration filing.

South Second Realty v. Bracero: NYLJ, 3/29/00, p. 30, col. 6 (Civ. Ct. Kings; Pinckney, J)