Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and lost. Tenant argued for penalties based on landlord’s late filing of improper rent registration statements. Landlord also failed to attach a rent stabilization rider to tenant’s initial lease. The DHCR ruled that, since the rents the landlord charged and collected were lawful, there was no penalty for late or improper registration.
Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and lost. Tenant argued for penalties based on landlord’s late filing of improper rent registration statements. Landlord also failed to attach a rent stabilization rider to tenant’s initial lease. The DHCR ruled that, since the rents the landlord charged and collected were lawful, there was no penalty for late or improper registration. Also, since landlord collected a rent that was less than the legal regulated rent, there was no fraud that would require looking back more than four years for an overcharge. And since tenant hadn’t raised any issue about the rent stabilization rider before the DRA, he couldn’t do so for the first time on appeal.
Hernandez: DHCR Adm. Rev. Docket No. ZI110041RT (/30/14) [2-pg. doc.]
