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Posted by chelsea on February 05, 2002 at 08:49:25:

In Reply to: 1997 Rent-Regulation Changes & the Registering of Apt's. posted by Gregg on February 05, 2002 at 07:36:58:

Unfortunately, the four-year rule still applies. The RSC also says there's no penalty to the landlord solely for registering late (if there's otherwise no overcharge within the four years.) There is still a provision to freeze rents if the landlord, after repeated directions to register, fails to do so. (Sorry I'm in a rush right now so I don't have the exact citation but this is in the rent-setting and registration sections.) I'm not sure if that's really being used these days though. There's a recent case called Sessler v. DHCR that lists the relevant cases and sections of the RSC.

: Hi. Here's a question about the DHCR rent-regulation changes made under the "Rent Reform Act of 1997. (I know they're being challenged, but they're the law now, right?). My question is:

:
: The Act established a 4-year period after which rents, if not challenged, become the legal rent, even if they had been illegally raised. Now, if the LL failed to REGISTER the Legal Rent with the DHCR, does this affect the "starting of the clock" on the 4-year period? Could a Tenant reasonably claim that since the LL failed to register the rent, the Tenant was denied the information in the Initial Apartment Registration Statement (showing the previous Tenant's rent, any increases and what they were for, and the current rent)that they would have received if the LL HAD registered the rent with the DHCR?

: Thanks for your advice.

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Comments:
: Unfortunately, the four-year rule still applies.  The RSC also says there's no penalty to the landlord solely for registering late (if there's otherwise no overcharge within the four years.)   There is still a provision to freeze rents if the landlord, after repeated directions to register, fails to do so. (Sorry I'm in a rush right now so I don't have the exact citation but this is in the rent-setting and registration sections.)  I'm not sure if that's really being used these days though.  There's a recent case called Sessler v. DHCR that lists the relevant cases and sections of the RSC.


: 
: : Hi. Here's a question about the DHCR rent-regulation changes made under the "Rent Reform Act of 1997. (I know they're being challenged, but they're the law now, right?). My question is:

: : 
: : The Act established a 4-year period after which rents, if not challenged, become the legal rent, even if they had been illegally raised. Now, if the LL failed to REGISTER the Legal Rent with the DHCR, does this affect the "starting of the clock" on the 4-year period? Could a Tenant reasonably claim that since the LL failed to register the rent, the Tenant was denied the information in the Initial Apartment Registration Statement (showing the previous Tenant's rent, any increases and what they were for, and the current rent)that they would have received if the LL HAD registered the rent with the DHCR? 

: : Thanks for your advice.


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