Landlord Filed Late Registrations

Landlord asked the DHCR if it could recover rent increases for a period during which registrations weren't filed. Tenants had lease agreements permitting otherwise lawful rent increases. And landlord filed late registrations for years in which it hadn't filed previously. In an opinion letter, the DHCR said yes. Rent Stabilization Code Section 2528.4(a) states that the failure to properly and timely file rent registrations bars landlord from collecting rent increases greater than the base date rent plus lawful increases allowed before the failure to register. The late filing of registrations results in prospective elimination. However, in addition, if tenant files an overcharge complaint on or after July 1, 1991, and rent increases charged were otherwise lawful, no overcharge will be found if landlord files late registrations while tenant's complaint is pending.

DHCR Opin. Ltr. by Michael B. Rosenblatt (11/3/04) [2-pg. doc.]