Missing Annual Registration

Tenant complained of a rent overcharge. The DHCR ruled for tenant, based on an unlawful rent increase first collected in 1980 and on landlord's failure to file an annual registration statement in 1990. The DHCR froze tenant's rent as of 1990 and ordered landlord to refund to tenant over $29,000, including interest. Landlord appealed, claiming that it had filed a late 1990 registration. Under the Rent Stabilization Code, the DHCR should have unfrozen tenant's rent after landlord filed the late 1990 registration. The DHCR argued that the late filing of the annual registration only lifted the rent freeze if all other rent increases were legal. The court and appeals court ruled against landlord. The DHCR's interpretation of the law was correct.

BN Realty Assocs. v. State of New York: NYLJ, p. 26, col. 2 (10/5/98) (App. Div. 1 Dept.; Lerner, PJ, Wallach, Rubin, Saxe, JJ)