Landlord Proved Registration in 1984 and 1985

LVT Number: 12864

Tenant complained of a rent overcharge. The DRA ruled for tenant based on landlord's failure to register the apartment in 1984 and 1985. Landlord appealed and showed that the apartment was registered in those years but that it was designated ''3rd floor right'' at that time instead of its current designation as apartment 1E.'' The DHCR ruled for landlord. The DRA had never asked landlord to prove that the apartment had been registered for the years,in question.

Tenant complained of a rent overcharge. The DRA ruled for tenant based on landlord's failure to register the apartment in 1984 and 1985. Landlord appealed and showed that the apartment was registered in those years but that it was designated ''3rd floor right'' at that time instead of its current designation as apartment 1E.'' The DHCR ruled for landlord. The DRA had never asked landlord to prove that the apartment had been registered for the years,in question. Since the apartment was properly registered and there was no other basis for a finding of a rent overcharge, the DRA's decision was revoked.

Mukattash: DHCR Adm. Rev. Dckt. No. GH920243RO (10/1 /98) [6-page documentation]

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