Landlord Proved Service of Initial Registration

Tenant complained of a rent overcharge, and the DRA asked landlord to provide proof that the apartment was properly registered from 1984–88. Landlord submitted proof that it had sent the initial apartment registration form (RR-1) to tenant on June 12, 1984. But landlord couldn't prove that tenant had gotten the apartment registrations after 1984 because the files were incomplete when landlord bought the building in 1989. The DRA ruled that tenant had been overcharged from 1984 to 1988, and landlord appealed. The DHCR ruled for landlord, in part. Landlord had proved that tenant got the 1984 registration, so the DRA shouldn't have found an overcharge before April 1, 1984. But, since landlord didn't file the 1985–88 registrations until 1994, the overcharge claim for those years is proper.

Kinsey Corp.: DHCR Adm. Rev. Dckt. No. GD 410109-RO (12/6/94) [3-page document]