Prior Landlord Didn't File Annual Registrations

April 30, 2002

LVT Number: 15810

Tenant complained of a rent overcharge. The DHCR ruled for tenant and ordered a refund. Landlord appealed and lost. Landlord and prior landlord didn't file annual rent registrations. Landlord claimed that it filed late registrations, so there should be no overcharge finding. But tenant's complaint was filed in 1990. The section of the Rent Regulation Reform Act of 1993 that eliminated overcharge penalties for late filing doesn't apply to complaints made before July 1, 1991.

Tenant complained of a rent overcharge. The DHCR ruled for tenant and ordered a refund. Landlord appealed and lost. Landlord and prior landlord didn't file annual rent registrations. Landlord claimed that it filed late registrations, so there should be no overcharge finding. But tenant's complaint was filed in 1990. The section of the Rent Regulation Reform Act of 1993 that eliminated overcharge penalties for late filing doesn't apply to complaints made before July 1, 1991.

L.G.B. Assocs. v. DHCR: NYLJ, 4/4/02, p. 23, col. 5 (App. Div.2 Dept.; Ritter, JP, O'Brien, Crane, Cozier, JJ)

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