Landlord Filed Annual Registration Instead of Initial Registration

Tenant complained of a rent overcharge. The DRA ruled for tenant based on landlord's failure to submit a complete rent history, and froze tenant's rent at a 1985 level based on landlord's failure to properly file an initial apartment registration. Landlord appealed. The apartment was vacant in 1984 when the rent-registration system went into effect. In 1985 landlord filed an annual registration form for the apartment instead of the initial registration (RR-1) form. Landlord claimed it shouldn't be penalized for this mistake and that the DHCR's long delay in deciding tenant's case resulted in an unfair penalty of a long-term rent freeze. The DHCR ruled against landlord. Landlord received notice of tenant's complaint from the DHCR in 1986, shortly after it was filed. The law clearly states that failure to properly file an RR-1 form bars landlord from applying for or collecting any rent in excess of rent in effect when the apartment became subject to registration requirements, until such time as the late filing is completed. In processing tenant's complaint the DRA also directed landlord to file an amended RR-1 form, which landlord didn't do.

Clear Holding Co.: DHCR Adm. Rev. Dckt. No. IF110092RO (4/18/97) [4-page document]