Landlord's Late Filing of Missing Rent Registrations Prevented Rent Freeze

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant in 2018 and ordered landlord to refund $38,622, including interest. Tenant appealed, and the DHCR sent the case back to the DRA after June 14, 2019, to apply retroactive provisions of HSTPA. But after New York's highest court invalidated these retroactive portions of the rent stabilization amendments in the 2020 Regina case, the DHCR otherwise considered tenant's PAR for other reasons.

The DHCR ruled for tenant in part. The DRA omitted reference to an improper "last month's rent" collected by landlord, which should be included in the overcharge finding. But tenant's rent shouldn't be frozen since landlord retroactively registered the apartment in July 2016 and thereby corrected its earlier failure to file annual registrations. Landlord also refunded overcharges to tenant within its time to respond before the DRA, so, under rules in effect at the time, landlord rebutted the presumption of willful overcharge even if tenant didn't cash the check. The total amount due to tenant under the corrected order was $44,100, including interest.

Lord: DHCR Adm. Rev. Docket No. IS210038RK (1/26/21) [4-pg. doc.]