Landlord Proved It Sent Initial Registration to Tenant

July 31, 1998

LVT Number: 12550

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed landlord had collected a rent overcharge. He was the first rent-stabilized tenant of the apartment and claimed he was never sent the initial registration (RR-1) form. The court ruled for tenant and reduced his rent based on comparability data. Landlord appealed and won. Landlord had showed it sent the RR-1 form to tenant in 1991 by presenting proof of mailing, its office procedure, and filing with the DHCR.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed landlord had collected a rent overcharge. He was the first rent-stabilized tenant of the apartment and claimed he was never sent the initial registration (RR-1) form. The court ruled for tenant and reduced his rent based on comparability data. Landlord appealed and won. Landlord had showed it sent the RR-1 form to tenant in 1991 by presenting proof of mailing, its office procedure, and filing with the DHCR. In addition, only the DHCR is authorized to decide whether the first stabilized rent is lawful, through fair market rent appeal proceedings. Tenant never filed one, in either 1991 or 1995, when landlord resent the RR-1 form.

240 West 98th Street Assocs. v. Ungar: NYLJ, p. 30, col. 4 (7/8/98) (App. T. 1 Dept.; McCooe, JP, Freedman, Gonzalez, JJ)

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