Posted by Illustory Tenant on March 10, 1999 at 15:06:57:
In Reply to: Is DHCR clear on Amended Registrations? posted by More news from the Tombstone on March 05, 1999 at 11:35:10:
Logically then, RRRA 1993 and modifications in 1997 SHOULD NOT HAVE BEEN CITED AS THE DETERMINATIVE STATUTE granting LL's PAR, and revoking my Order Finding Rent Overcharge, since it was not a question of failure to register or late registrations ...is that correct?
The registrations were made in a timely fashion from 1988 & 1989 and before, but it was not until after I received the annual apt registration for 1990 with a jump in the legal rent amount from $423.15 for the previous years [I was never however listed as the current tenant, nor was the actual rent amount being charged of $860 in 1988 reg'd in DHCR printouts] to $907.90 - with my name being registered as current tenant for the first time.
The LL then attempted to GO BACK and change those already registered rent amounts to coincide with the actual amounts being charged and registered for the first time, in 1990 - that is, just trying to re-calculate what the figures would have been minus the RGBO increases
Am I making myself clear? He tried to ALTER ALREADY REGISTERED RENT FIGURES
to justify his overcharges . . .
: Can someone clear up for me what the legal status of "amended" registrations are?
: In my long-standing Overcharge case [issued in my favor, then revoked in a PAR filed by LL] - LL's so-called amended registrations were accepted as evidence in Rent Commissioner's decision/they were not late registrations or failures to file - rents in a consistent rent history had been filed going back to 1984...however, neither was I correctly listed as the current tenant [for more than five years] - the LL claimed "clerical errors"!! For five years?? - and neither were the more-than-double excessive amounts I paid in cash every month [they always got my name right on bills, however!]
: registered as the actual rent amounts paid ...ISN'T THIS FRAUD AND EVASION OF THE RSL LAWS when LL neither registers ACTUAL rents paid or the correct name of the current tenant?
: After I filed overcharge complaint, since rent had "jumped" from $423.25 to $907.90 in 1990, LL tried to go back and change already registered amounts for the previous two years to conform to what was registered in 1990,[he left blank the check form for "reason for change...] and for the first time [in over five years of living in this building] finally got my name correct as the current tenant.
: QUESTIONS: what form should an amended registration take?
: How are they justified in the laws, if they are?
: How is it to be served on the tenant? What proof of that is necessary?
: How are these purported documents proved to be accepted by DHCR?
: And how is a LL permitted such attempts to completely undermine the rent laws?
: Should he not be penalized and fined for these frauds and evasion of the laws?
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