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 (90-9)
LATE REGISTRATION AND FAILURE TO REGISTER:
ITS EFFECT ON MCI APPLICATIONS
All buildings and apartments subject to rent stabilization are
required to be registered both initially, in 1984, and each year
thereafter. A Major Capital Improvement increase will not be
granted for a building which is not registered in accordance with
the Rent Stabilization Code. MCI increases are not collectible
in or for any period of non-registration.
This policy statement delineates the procedure DHCR will follow
when processing an MCI application when the owner has failed to
register or has registered a building late. Section 2528.4 of
the Code states the following:
"The failure to properly and timely comply with the initial or
annual rent registration as required by this Part shall, until
such time as such registration is completed, bar an owner from
applying for or collecting any rent in excess of:
A) if no initial registration has taken place, the legal
regulated rent in effect on the date that the housing
accommodation became subject to the registration
requirements of this Part; or
B) the legal regulated rent in effect on April first of the
year for which an annual registration was required to be
filed, or such other date of that year as may be determined
by the DHCR pursuant to section 2528.3 of this Part (Annual
Registration Requirements).
The late filing of a registration shall result in the
elimination, prospectively of such penalty.
During processing of an MCI application, if it is found that DHCR
records do not reflect initial or subsequent registration of an
entire building or an apartment (s) then a notice will be sent to
the owner advising that failure to register is grounds for
dismissal of the application. The owner will then have twenty
(20) days to submit proof of registration or, in the case of
apartments, provide acceptable explanation as to why the
apartment(s) are not required to be registered.
If the owner does not submit proof of timely registration or
reasons for non-registration then the following procedures will
apply:
BUILDING WIDE
Initial Registration
If there has been no initial registration of the entire building,
an MCI application will be dismissed even if subsequent annual
registrations were filed.
Annual Registration
If an owner submits an MCI application during a period for which
an annual registration was not filed, DHCR will dismiss the
application.
INDIVIDUAL APARTMENT(S)
Initial Registration
If an initial registration was not filed for a particular
apartment(s), an MCI application filed subsequent to the date
when the initial registration should have occurred, will be
dismissed as to such apartment(s). However, the rooms included
in the(Be) apartment(s) will still be used in the determination
of the allowable MCI rent increase.
Annual Registration
If an owner submits an MCI application during a period for which
no annual registration was filed for an apartment(s), DHCR will
dismiss the application in part for that particular apartment(s).
If the building was partially registered, the room count for the
entire building will still be used to determine the allowable MCI
rent increase except where an apartment is not required to be
registered.
BUILDING WIDE/APARTMENT(S)
Subsequent Registration
If an owner has initially registered and files an MCI application
during a period when he or she is properly registered, but
subsequently fails to file an annual registration, then the
retroactive portion of the increase is not collectible for the
period of non-registration. As stated in the Code, late
registrations result in the prospective elimination of such
penalties.
If an owner's MCI application is dismissed due to a failure to
register, such application may be resubmitted after the building
has been properly registered initially and annually, provided
that it is not barred by the two year statute of limitations.
March 6, 1990
Elliot G. Sander
Deputy Commissioner
------------------------------------------------------------
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.
------------------------------------------------------------
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
------------------------------------------------------------
