Registration Mailed to Incorrect Name

(Decision submitted by Patrick K. Munson of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. He claimed that landlord's annual apartment registrations for 1986, 1987, and 1988 had named and been mailed to prior tenant. Therefore, they were invalid and the rent should be frozen. The DRA ruled for tenant, and landlord appealed. Landlord claimed that the use of the wrong name on the annual registrations in question was a minor error. Landlord pointed out that tenant's name was M. Abichandani. The prior tenant was tenant's brother, T. Abichandani. The DHCR ruled for landlord. Landlord's error was an understandable clerical mistake. Tenant's claim that the annual registrations weren't delivered to him was hard to believe given tenant's unusual name. There was also other proof that tenant had actual notice of the annual registrations in question. There was no proof that landlord intended to evade compliance with the rent stabilization law. Tenant shouldn't get a windfall based on a technicality.

Marsar Realty Co.: DHCR Adm. Rev. Dckt. No. GD110145RO (7/29/98) [3-page document]