Landlord's Request to Amend Rent Registration Denied

Landlord filed an application to amend the annual 2010 apartment registration for an apartment that was incorrectly registered as vacant with an incorrect legal regulated rent amount. Landlord claimed that the apartment became legally deregulated when it was leased to tenant on July 1, 2010, at a monthly rent of $2,170.  Landlord wanted to file an exit registration. The DRA terminated the proceeding after finding that there was a current rent overcharge complaint pending. The DRA found that it was premature to accept an amended filing of the 2010 registration because the outcome of the overcharge proceeding could affect the legal regulated rent for 2010. The DRA could also directed landlord to amend apartment registrations in the overcharge proceeding.

Landlord appealed and lost. Landlord claimed that the overcharge complaint would have no effect on amendment of the registration. But the base rent date for tenant’s overcharge complaint was April 10, 2010. Landlord won’t be affected until after the overcharge case was decided. And the legal regulated rent in overcharge cases is determined by rent records, including leases and rent ledgers, not by rent registration statements. Landlord also had already filed an exit registration in 2011.

YCL Management LLC: DHCR Adm. Rev. Docket No. DV110023RO (6/9/16) [3-pg. doc.]