New York State
Division of Housing and Community Renewal
Office of Rent Administration
Gertz Plaza, 92-31 Union Hall St.
Jamaica, New York 11433
Public Information: (718)739-6400
POLICY STATEMENT 92-3
PROOF OF REGISTRATION
The Rent Stabilization Law and Code require owners to file an
initial registration for each rent stabilized housing
accommodation and to thereafter file annual updates with the
DHCR. Owners must serve copies of the registrations on the
tenant. This Policy Statement is being issued to provide
guidance to owners concerning the type of documentation an owner
must submit to the DHCR to substantiate proper registration
including proof of service on the tenant in response to a DHCR
notice requesting such proof.
As more fully described below, in some instances, the evidence
submitted will be "conclusive" (sufficient by itself) to
determine the issue, and in some instances the 'totality of the
evidence" (including documents which have already been filed with
the DHCR, and documents submitted by tenants) will be
determinative of the issue.
I. FOR ANY YEAR - CONCLUSIVE EVIDENCE OF FILLING WITH DHCR OF
EITHER INITIAL OR ANNUAL REGISTRATION
In a DHCR proceeding, when the issue is raised of failure to
file an initial or annual registration due in any year, any
one of the following documents, if included with the owner's
response to the DHCR notice requesting such information,
will be conclusive evidence of such filing:
- Registration Receipt from the DHCR Rent Registration
Unit; or
- DHCR date stamped copy of the registration form; or
- Original affidavit of service by the person who actually
did the mailing, or who was responsible for overseeing the
owner's mailing procedures, sworn to contemporaneously
with the filing with the DHCR.
II. FOR YEARS PRIOR TO 1988 - PROOF OF FILLING WITH DHCR OF
EITHER INITIAL OR ANNUAL REGISTRATION BASED UPON TOTALITY OF
EVIDENCE
Registration receipts only became uniformly available in
1988. Therefore, if none of the documents described above
as conclusive evidence is available, DHCR will accept other
proof of registration for such prior years, based upon the
totality of the evidence, as indicated below.
Provided that DHCR records corroborate the owner's
substantial compliance with registration requirements for
the building, an owner may establish the filing of an
initial or annual registration statement with the DHCR for
any year prior to 1988 by submitting as many of the
documents listed below as possible. Although no-single
document shall be conclusive proof of filing, the totality
of evidence submitted shall be considered in determining
whether such filing was made.
- Certified Mail Receipt or Post Office Proof of Mailing to
DHCR Rent Registration Unit;
- Notarized Registration Summary Form;
- Affidavit of Service made after the filing with the DHCR
by the person who actually did the mailing or who was
responsible for overseeing the owner's mailing procedures;
- Receipts, bills, affidavits or other proof of service
from an organization or an agent who was contracted by the
owner to file registration forms with the DHCR on the
owner s behalf;
- Admission of service by tenants or substantial proof of
service of the registration on tenants.
Where, based upon consideration of the entire record, the
rent being collected from the tenant of the subject
apartment is not consistent with the application of
appropriate guidelines and other permissible increases, and
therefore the owner is collecting an overcharge, there will
be a rebuttable presumption of non-registration of that
apartment.
III. EVIDENCE OF SERVICE ON THE TENANT OF INITIAL REGISTRATION
FORM
A. Prior to May 1, 1987:
The method of service on the tenant of the initial
registration prior to the May 1, 1987 effective date of the
amended Code was specified in the DHCR's registration
instructions. The only acceptable proof of this service on
the tenant for initial registrations filed prior to May 1,
1987 is:
- A contemporaneously signed receipt (the original receipt,
not a copy) from the tenant acknowledging hand delivery of
the initial registration form; or
- A Post Office receipt certifying the date and the number
of pieces of mail to the building included in the Carrier
Route Pre-Sort service along with a list of the mailing
addresses furnished by the RSA or by a bonded mailing
house; or
- A signed and dated form #P03877, Acceptance of Registered,
Insured, C.O.D., and Certified Mail," which proves the
date of delivery of first class mail to the Post Office.
B. On or after May 1, 1987:
For initial registrations completed on or after May 1, 1987,
the Code requires service by certified mail. Therefore, the
only acceptable proof of service is a date-stamped Post
Office receipt for the certified mailing to the tenant of
the registration form. However, the original of the tenant's
signed receipt acknowledging hand delivery of the form will
also be accepted.
IV. FOR ANY YEAR (1985 - PRESENT) - EVIDENCE OF SERVICE ON THE
TENANT OF ANNUAL REGISTRATION FORM
A. Conclusive Evidence:
- Certified Mail Receipt or Post Office Proof of Mailing to
tenant; or
- Statement from tenant acknowledging receipt of tenant's
copy of registration.
B. Proof of Service Based Upon Totality of Evidence:
- Receipts, bills, affidavits by persons who actually did
the mailing or who were responsible for overseeing the
owner's mailing procedures, or other proof of service from
an organization or an agent who was contracted by the
owner to serve registration forms upon the tenant on the
owner s behalf;
- Affidavits from other tenants attesting to receipt of the
annual registration form in a timely manner;
- Where service of the annual registration form is being
challenged, evidence that the contents of the form,
including the rent set forth therein, conformed to the
requirements of law may be considered.
- Such other proof as the owner may have which is relevant.
GENERAL APPLICATION
In determining the issues set forth herein, a strong negative
presumption will be imputed against owners who have generally not
complied with rent registration requirements or who have not
adhered to the rent laws in general, as for example, by failing
to properly compute and set forth the lawful rent. A showing of
substantial compliance with such requirements will, however, give
rise to a strong positive presumption in favor of owners.
August 14, 1992
Joseph A. D'Agosta
Acting Deputy Commissioner
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DHCR Policy Statements are **promulgated** (i.e., officially
issued) by the New York State Division of Housing and Community
Renewal (DHCR) and represent **official** policy of the agency.
The agency is generally obligated to follow the policy contained
in these and other documents or provide a rational for deviation;
failure to follow the law, policy or practice may form the basis
for an appeal. Electronic versions of the documents on TenantNet
are for informational purposes only and there is no guarantee
they will be accepted by any court (or even DHCR) as true copies
of DHCR policy. The reader is advised to obtain true copies of
these documents from DHCR. Also see DHCR Advisory Opinions,
DHCR Operational Bulletins, the Rent Stabilization Code, the Rent
Stabilization Law and various Rent Control Statutes.
Every attempt has been made to conform to the original Policy
Statements as issued by DHCR; TenantNet makes no
representation the enclosed material is current or will be
applied as written. The reader is advised that DHCR often fails
to properly apply, interpret or enforce housing laws. Since
housing laws are complex and often contradictory, it is
recommended the reader obtain competent legal advice from a
tenant attorney or counseling from a tenant association or
community group. (rev. 3/13/96) DHCR documents
are public documents; the electronic version of such documents
have been developed by TenantNet and any added value, enhancements
and/or proprietary features are copyright 1994, 1995 and 1996 by
TenantNet. These documents may be freely distributed provided they
remain intact as herein presented, including this and the top
informational banner referencing TenantNet as the original provider.
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For more information or assistance. call the DHCR Rent Infoline
at (718) 739-6400, or visit your Borough Rent Office.
Queens Central Office
92-31 Union Hall St. 4th Fl.
Jamaica, NY 11433
(718) 739-6400
Bronx
One Fordham Plaza
Bronx, NY 10458
(718) 563-5678
Brooklyn
250 Schermerhorn St.
3rd Floor
Brooklyn, NY 11201
(718) 780-9246
Lower Manhattan
156 William Street
9th Floor
NY, NY 10038
(212) 240-6011, 6012
South side of 110th St. and below
Upper Manhattan
163 W. 125th St.
5th Floor
NY, NY 10027
(212) 961-8930
North side of 110th St. and above
Staten Island
350 St. Mark's Place
Room 105
Staten island, NY 10301
(718) 816-0277
Nassau County District Rent Office
50 Clinton Street, 6th Floor
Hempstead, NY 11550
(516) 481-9494
Westchester County District Rent Office
55 Church Street, 3rd Floor
White Plains, NY 10601
(914) 948-4434
Rockland County District Rent Office
94-96 North Main St.
Spring Valley, NY 10977
(914) 425-6575
Albany Regional Office
119 Washington Avenue
Albany, NY 12210
(518) 432-0596
Buffalo Regional Office
Ellicot Square Building
295 Main St., Room 438
Buffalo, NY 14203
(716) 856-1382
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