Landlord Not Required to Send Initial Registration to Subsequent Tenant

December 1, 2000

LVT Number: 14596

Tenant complained of a rent overcharge. He moved into a rent-stabilized apartment in 1987. The prior tenant was commercial. Tenant claimed that landlord never sent him an initial registration statement (RR-1 form). The DHCR ruled for tenant and froze his rent at the first amount he paid based on landlord's failure to send tenant the RR-1 form. Landlord appealed and won. Landlord had sent annual registration statements to tenant every year. Landlord wasn't required to send an initial registration form to tenant, since it had been sent to prior tenant.

Tenant complained of a rent overcharge. He moved into a rent-stabilized apartment in 1987. The prior tenant was commercial. Tenant claimed that landlord never sent him an initial registration statement (RR-1 form). The DHCR ruled for tenant and froze his rent at the first amount he paid based on landlord's failure to send tenant the RR-1 form. Landlord appealed and won. Landlord had sent annual registration statements to tenant every year. Landlord wasn't required to send an initial registration form to tenant, since it had been sent to prior tenant.

Sherry House v. DHCR: NYLJ, 11/16/00, p. 26, col. 4 (App. Div.1 Dept.; Nardelli, JP, Ellerin, Wallach, Andrias, Saxe, JJ)

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