Rent Registrations Incorrectly Stated Apartment Was Owner-Occupied

Landlord asked the DHCR for permission to file amended apartment registrations for the years 2011-2013 because prior registrations mistakenly referred to the apartment as being owner-occupied and exempt from rent stabilization. Landlord submitted with its request copies of nonstabilized leases given to tenant at rents over $2,000 per month. Tenant objected, claiming that she was in the process of negotiating the correct legal regulated rent for the apartment and that the apartment was unlawfully deregulated despite receipt of J-51 tax benefits. The DRA ruled for landlord, permitting amendment of the apartment registrations but noting that this wasn’t a determination of the legal rent for the apartment--only a determination of whether landlord had sufficient justification for amending the registrations.

Tenant appealed and lost. Registrations themselves aren’t proof of the legal regulated rent or regulatory status of an apartment. If tenant questions the apartment’s regulatory status or believes there was a rent overcharge, she could file complaints with the DHCR.

Rosenberg: DHCR Adm. Rev. Docket No. DW410021RT (8/5/16) [3-pg. doc.]