Tenant Claims Landlord Didn't Pay Registration Fee

September 30, 1996

LVT Number: 10928

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge because landlord hadn't paid the $10 rent registration for some of its apartments in 1989 and 1991. The rent stabilization law states that no rent increase may be collected until these fees are paid. Landlord had, in fact, paid fees for only some of its units in those years. The court ruled against tenant. DHCR Policy Statement 92-1 provides that landlords must pay the registration fees within 60 days of getting a DHCR notice that they hadn't been paid.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge because landlord hadn't paid the $10 rent registration for some of its apartments in 1989 and 1991. The rent stabilization law states that no rent increase may be collected until these fees are paid. Landlord had, in fact, paid fees for only some of its units in those years. The court ruled against tenant. DHCR Policy Statement 92-1 provides that landlords must pay the registration fees within 60 days of getting a DHCR notice that they hadn't been paid. There was no proof that the DHCR ever sent landlord such a notice. So there was no rent overcharge.

224 8th Ave. Corp. v. Palacios: NYLJ, p. 22, col. 3 (9/25/96) (Civ. Ct. NY; Gould, J)

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