Landlord Served Tenant in Occupancy with RR-1

(Decision submitted by William J. Eberight 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. Among other things, the DRA found that landlord didn't register tenant's apartment from 1984 through 1992. The DRA froze tenant's rent based on the failure to register. Landlord appealed, claiming that the missing registrations were filed with DHCR in September 1993, prior to issuance of the DRA's order. The DHCR ruled for landlord in part. Landlord had completed registration for 1984 through 1992 in September 1993. So the rent freeze penalty was removed as of Oct. 1, 1993, the first rent payment date following completion of the registration.

Dear: DHCR Adm. Rev. Dckt. No. HL410157RO (7/18/96) [4-page document]