Landlord Didn't Send Tenant Copy of Rent Registration

Tenant complained that landlord failed to provide him with a copy of his 2010 DHCR annual apartment registration. The DRA ruled for tenant and ordered landlord to send tenant the registration form. Tenant appealed, claiming that landlord failed to comply with a prior DRA order dated May 5, 2005, which required landlord to send tenant a copy of his 2004 rent registration. As a result, tenant claimed that landlord couldn't collect the $27 per month rent increase he had paid since November 2010. The DHCR ruled against tenant. Under Rent Stabilization Code Section 2528.3(b), there is no penalty for failure to send tenant a copy of his annual registration other than directing landlord to send tenant the registration. In addition, the 2005 DRA order had found that landlord had filed the registration but left item 12 unanswered. This was a technical omission that didn't affect any substantive rights of landlord or tenant. Tenant could file other complaint forms if applicable, such as an Affirmation of Non-Compliance, lease violation, or rent overcharge.

Lenihan: DHCR Adm. Rev. Docket No. AS410024RT (9/23/13) [2-pg. doc.]