RR-1 Form Served on Prior Tenant

(Decision submitted by Robert H. Berman of the Manhattan law firm of Borah Goldstein Altschuler & Schwartz, P.C., attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled for tenant, finding a willful overcharge. The DRA found that the initial rent registration statement (RR-1) was never served on tenant or filed with the DHCR. The DRA ordered landlord to refund $234,000 to tenant. Landlord appealed. DHCR's own records showed that the 1984 RR-1 was filed when the prior tenant was in the apartment. So landlord wasn't required to serve the RR-1 on complaining tenant, and the DRA shouldn't have asked for a rent history from April 1, 1980, or used the default procedure and frozen tenant's rent. The total overcharge was reduced to $132,000.

Jonathan Woodner Co.: DHCR Adm. Rev. Dckt. No. FE410299RO (6/7/96) [4-page document]