Landlord Proved Initial Registration Was Filed

(Decision submitted by Jeffrey R. Metz of the Manhattan law firm of Borah, Goldstein, Altschuler & Schwartz, P.C., attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled for tenant based on landlord's failure to file an initial rent registration (RR-1) form. Landlord appealed, claiming that it had filed the RR-1 form in 1984. The DHCR ruled for landlord and revoked the overcharge finding. Tenant appealed and lost. Based on Policy Statement 92-3, the DHCR properly considered all of landlord's proof that it had filed the RR-1. Tenant's other arguments, that service of the RR-1 couldn't have taken place on the date indicated in the statement and that tenant at that time was a commercial tenant, couldn't be considered for the first time in tenant's court appeal since tenant never raised these arguments before the DHCR.

Franco v. DHCR: NYLJ, p. 27, col. 5 (6/18/98) (App. Div. 1 Dept.; Milonas, JP, Tom, Andrias, Saxe, JJ)