Landlord Didn't Pay Registration Fee to DOF

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case. Tenant claimed that landlord didn't pay the New York City Department of Finance (DOF) an annual registration fee of $10 per apartment for the building. The court ruled for tenant. Landlord had to pay this fee under the rent stabilization law. Not paying the fee barred landlord from collecting any rent increases until late payment is made. DOF didn't bill landlord for the years 1984 through 1990 until sometime after the fact. But DOF records showed that landlord didn't pay the fees until November 1992. Since the registered rent for 1984 was $245, this was the legal rent that landlord was entitled to collect through November 1992, when landlord paid the 1984 fee.

Vernon Avenue Associates v. Lavayan: NYLJ, p. 24, col. 5 (3/30/94) (Civ. Ct. Kings; Rivera, J)