Landlord Had Proof of Timely Rent Registration

Landlord applied for MCI rent hikes based on various improvements. The DRA ruled for landlord but denied any retroactive rent increase because landlord's 2003 annual rent registrations for the building weren't filed until 2007. The DRA made the effective date of the rent increases March 1, 2007. Landlord appealed and won. Landlord claimed that it had filed the 2003 registrations on time, and had submitted to the DRA a copy of the filed forms marked with a DHCR date stamp dated July 29, 2003. DHCR Policy Statement 92-3 states that the DHCR will accept as conclusive proof of rent registration filing either (1) a registration receipt; (2) a DHCR date-stamped copy of the registration form; or (3) an original affidavit of service. Since landlord provided acceptable proof of the 2003 registration filing, the effective date of the MCI increases was April 1, 2006, which was the first rent payment date after notification to tenants by the DHCR of landlord's MCI application.

1452 Beach Avenue: DHCR Adm. Rev. Docket No. VC610100RO (12/14/11) [2-pg. doc.]