No Initial Registration Filed

Tenant complained of a rent overcharge. The DRA ruled for tenant. Because landlord hadn't filed an initial registration statement (RR-1) for tenant's apartment, the DRA set the initial legal regulated rent by using default procedures. Tenant's rent was reduced from $425 to $195. Landlord appealed, claiming that the RR-1 had been filed. The DHCR ruled against landlord. Landlord submitted proof that the Rent Stabilization Association (RSA) had served tenant with the RR-1 form. The RSA 1984 apartment registration proof of mailing listed 16 apartments and tenants at the building. But the proof of mailing carrier route summary form indicated that only 13 RR-1s were sent to the building in 1984. And there was no proof that landlord filed the RR-1 form with the DHCR. DHCR records showed that only 13 apartments were registered in 1984. So it was proper for the DRA to require submission of a complete rent history from April 1, 1980. Since landlord didn't submit the rent history, the DRA was correct to apply the default formula to set the legal rent.

Britvan Realty: DHCR Adm. Rev. Dckt. No. HH210022RO (6/7/96) [3-page document]