Landlord Didn't Send Initial Registration to Tenant

July 31, 1996

LVT Number: 10803

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge. The court ruled for landlord, and tenant appealed. The appeals court reversed and sent the case back for a ruling on tenant's rent overcharge claim. The apartment was registered as rent-controlled in 1984 at a monthly rent of $120. Later, when the rent-controlled tenant moved out, landlord never filed or served new tenant with a notice of initial registration of the first rent-stabilized rent. Landlord was therefore barred from collecting anything above the last rent-controlled rent from new tenant.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge. The court ruled for landlord, and tenant appealed. The appeals court reversed and sent the case back for a ruling on tenant's rent overcharge claim. The apartment was registered as rent-controlled in 1984 at a monthly rent of $120. Later, when the rent-controlled tenant moved out, landlord never filed or served new tenant with a notice of initial registration of the first rent-stabilized rent. Landlord was therefore barred from collecting anything above the last rent-controlled rent from new tenant. And even though landlord filed the missing RR-1 form while the nonpayment proceeding was pending, it didn't serve tenant with a copy. Landlord mailed a copy to tenant at the apartment, knowing that tenant had moved out.

Rafika Realty Corp. v. Davis: NYLJ, p. 21, col. 1 (7/30/96) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Freedman, JJ)

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