Landlord Proved Filing of 1984 Registration with DHCR

Tenant complained of a rent overcharge and claimed that landlord hadn't registered his apartment in 1984. The DHCR's records indicated that no 1984 registration was filed, even though landlord submitted a copy of the initial apartment registration. The DRA froze tenant's rent to the 1984 level, and landlord appealed. The DHCR noted that, based on Policy Statement 92–3, it would consider the totality of the proof since it was deciding whether a pre-1988 registration had been filed. The DHCR's records showed that landlord had unquestionably registered the apartment between 1985 and 1992. Landlord submitted acceptable proof that all tenants were served with the 1984 registration statement. The rent history for the apartment also showed that there was no rent overcharge. So, even though there was no conclusive proof that landlord had filed copies of the 1984 registration statements with the DHCR, landlord was deemed to have made the filing.

175-51 Dalny Road: DHCR Adm. Rev. Dckt. No. FF 110381-RO (4/5/93) [4-page document]