Tenant's Rent Frozen Until Missing Rent Registration Filed

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered a refund. The DRA computed the legal rent, and froze the collectible rent from April 1, 2004, through Sept. 30, 2007, based on landlord's failure to register the apartment from 2004 until Sept. 4, 2007. Landlord appealed, claiming that its late filing of apartment registrations while tenant's complaint was pending should have unfrozen tenant's rent retroactively and prospectively. The DHCR ruled against landlord. Rent Stabilization Code Section 2528.4(a) bars landlord from collecting rent increases until annual rent registration is completed. The code further states that late filing results in the elimination "prospectively" of the freeze penalty. There is no retroactive restoration of rent under these circumstances.

31-33 West 129th Street HDFC Development Outreach: DHCR Adm. Rev. Docket No. WA410021RO (8/21/08) [3-pg. doc.]