No Overcharge Based on Late Registration

Rent-stabilized tenant complained of a rent overcharge. While tenant's complaint was pending, landlord filed annual rent registrations for the years 2006 through 2009. The DRA ruled against tenant. There was no overcharge and, since landlord had filed late registrations, there was no grounds to freeze tenant's rent. Tenant appealed and lost. Tenant claimed that landlord's failure to register wasn't a mere oversight but was intentional and willful. But Rent Stabilization Code Section 2528.4(a) states that a landlord who serves and files a late registration won't be found to have collected rent in excess of the legal rent at any time prior to the filing of the late registration. The code doesn't provide for additional penalties based on willful failure to register rents.

Daniels: DHCR Adm. Rev. Docket No. YH110026RT (1/8/11) [2-pg. doc.]