Landlord Filed Late Registration

Tenant complained of a rent overcharge. The DRA ruled for tenant, reduced his rent, and ordered landlord to refund the overcharge with interest. Landlord appealed, claiming that the only reason for the rent reduction was its failure to file the rent registration for tenant's apartment on time. Landlord had subsequently filed a late registration. The DHCR ruled for landlord. Under current law, the failure to file a proper and timely rent registration statement bars landlord from applying for or collecting any rent above the last registered rent. The law also provides that the filing of a late registration eliminates the rent freeze. Upon completing the late filing, landlord won't be found to have collected an overcharge at any time prior to the late filing. Since there was no other reason for the overcharge finding, the refund order was revoked.

Lamorte/Property Management Assocs.: DHCR Adm. Rev. Dckt. Nos. HE910235RT, HF910041RO (10/1/96) [4-page document]