Landlord Wasn't Required to File 1990 Registration

April 1, 1997

LVT Number: 11384

Tenant complained of a rent overcharge. The DRA ruled for tenant, finding that tenant was overcharged by $10,000 between 1985 and 1989, when tenant bought his apartment. Most of the overcharge finding was based on freezing the rent at the 1984 level because landlord hadn't filed rent registrations in 1985 and 1990. Landlord appealed and proved that the 1985 rent registration had been filed. Landlord also correctly pointed out that it wasn't required to file a 1990 rent registration because tenant had bought the apartment and it was no longer rent-stabilized.

Tenant complained of a rent overcharge. The DRA ruled for tenant, finding that tenant was overcharged by $10,000 between 1985 and 1989, when tenant bought his apartment. Most of the overcharge finding was based on freezing the rent at the 1984 level because landlord hadn't filed rent registrations in 1985 and 1990. Landlord appealed and proved that the 1985 rent registration had been filed. Landlord also correctly pointed out that it wasn't required to file a 1990 rent registration because tenant had bought the apartment and it was no longer rent-stabilized. The DHCR ruled for landlord and reduced the total overcharge finding to $3,700.

Harben Mgmt. Co.: DHCR Adm. Rev. Dckt. No. KK110002RP (11/15/96) [3-page document]

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