Landlord Proved It Sent 1985 Annual Registration to Tenant

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered a refund of over $7,000 for a willful rent overcharge. The overcharge was based solely on a finding that landlord didn't file the 1985 annual rent registration form. Landlord appealed, claiming that it had filed the 1985 registration. Landlord submitted a sworn statement from an employee stating that she mailed the 1985 annual registration form on time. Landlord also submitted proof that the Rent Stabilization Association had sent the 1985 form to tenant in October 1985. The DHCR ruled for landlord. DHCR Policy Statement 92-3 states that for years prior to 1988, landlord can submit as proof an affidavit of service made by the person who actually mailed the registration forms or who was responsible for supervising landlord's mailing procedures. Also, a showing of substantial compliance with registration requirements in general will support landlord's claim. Tenant also admitted receiving the initial 1984 registration and never complained that he didn't receive the 1985 annual registration. DHCR's own records showed that landlord had registered every other year. Tenant's rent was also consistent with rent guidelines. So the DRA's finding of a rent overcharge based solely on landlord's supposed failure to send the 1985 annual registration form must be revoked.

Michael M. Lee & Co.: DHCR Adm. Rev. Dckt. No. FC110345RO (10/24/97) [2-page document]