Rent Freeze Lifted Prospectively

April 30, 1995

LVT Number: 9688

Tenant complained of a rent overcharge. The DHCR ruled for tenant and froze the rent as of April 1, 1985 because landlord hadn't filed a 1985 registration statement for tenant's apartment. Landlord appealed, claiming that the DHCR's decision was unreasonable. Landlord had since filed a late registration statement. The court revoked the rent freeze retroactive to April 1, 1985. The DHCR appealed. The appeals court ruled for the DHCR in part.

Tenant complained of a rent overcharge. The DHCR ruled for tenant and froze the rent as of April 1, 1985 because landlord hadn't filed a 1985 registration statement for tenant's apartment. Landlord appealed, claiming that the DHCR's decision was unreasonable. Landlord had since filed a late registration statement. The court revoked the rent freeze retroactive to April 1, 1985. The DHCR appealed. The appeals court ruled for the DHCR in part. By law, the late filing of the registration statement results in a lifting of the rent freeze, but effective only prospectively from the date the late registration is filed.

Cardona v. DHCR: NYLJ, p. 27, col. 3 (4/17/95) (App. Div. 1 Dept.; Rosenberger, JP, Ellerin, Wallach, Tom, JJ)

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