Room Count Mistake Doesn't Negate Registration

Tenant complained of a rent overcharge. The DRA ruled for tenant, finding a small overcharge. Tenant appealed, claiming that all of landlord's rent registration statements were invalid because of a room count error. The invalid registrations would result in a further overcharge finding, since tenant's rent would be frozen until the registrations were amended and the base date would be four years earlier. The DHCR ruled against tenant. Nothing in the rent stabilization law or code provides for a rent overcharge finding based on a room count error alone. If landlord's room count is inaccurate, it would only affect the calculation of an MCI rent increase, which was computed on a per-room basis. There was no MCI issue in this case. Any mistake in landlord's room count was ''de minimus.'' There was no further rent overcharge.

Quist: DHCR Adm. Rev. Dckt. No. JK410287RT (3/19/96) [4-page document]