Landlord Filed Late Registration

December 1, 1995

LVT Number: 10204

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge based on landlord's failure to file an initial rent registration statement with the DHCR. Landlord then filed a late registration statement. The court found that it was unable to determine the legal rent. Tenant's apartment had previously been a transient hotel unit, so there was no prior rent-controlled rent to base a rent reduction and rent freeze on. The court found that in such a case the DHCR should determine the legal rent.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge based on landlord's failure to file an initial rent registration statement with the DHCR. Landlord then filed a late registration statement. The court found that it was unable to determine the legal rent. Tenant's apartment had previously been a transient hotel unit, so there was no prior rent-controlled rent to base a rent reduction and rent freeze on. The court found that in such a case the DHCR should determine the legal rent. Since tenant had now filed a fair market rent appeal and rent overcharge complaint with the DHCR, the court ruled that it wouldn't rule on the nonpayment case until the legal rent was set by the DHCR.

Broadway Breslin Associates v. Dorj: NYLJ, p. 26, col. 5 (11/22/95) (Civ. Ct. NY; Bransten, J)

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