Landlord Filed Defective Registration

February 1, 1997

LVT Number: 11240

Tenant complained of a rent overcharge. The DHCR ruled for tenant, finding a willful rent overcharge and imposing triple damages on landlord. Landlord appealed. The court and appeals court ruled against landlord. Tenant had moved into the apartment on May 1, 1984. In June 1984, landlord filed the initial rent registration statement (RR-1), listing the apartment as vacant. Landlord claimed this was proper, since the apartment was vacant on April 1, 1984. But DHCR's instructions clearly indicated that landlord was required to send the RR-1 form to tenant. Landlord couldn't prove it did this.

Tenant complained of a rent overcharge. The DHCR ruled for tenant, finding a willful rent overcharge and imposing triple damages on landlord. Landlord appealed. The court and appeals court ruled against landlord. Tenant had moved into the apartment on May 1, 1984. In June 1984, landlord filed the initial rent registration statement (RR-1), listing the apartment as vacant. Landlord claimed this was proper, since the apartment was vacant on April 1, 1984. But DHCR's instructions clearly indicated that landlord was required to send the RR-1 form to tenant. Landlord couldn't prove it did this. So it was proper for the DHCR to use April 1, 1980, as the base date for calculating the lawful rent.

H&R Executive Towers v. DHCR: NYLJ, p. 27, col. 4 (1/16/97) (App. Div. 1 Dept.; Ellerin, JP, Wallach, Nardelli, Rubin, Mazzarelli, JJ)

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