Landlord & Tenant Law

In landlord’s article 78 proceeding challenging DHCR’s denial of landlord’s application to amend annual registration statements, landlord appealed from the Appellate Division’s affirmance of Supreme Court’s denial of the petition and dismissal of the proceeding. A divided Court of Appeals affirmed, holding that deference was due to DHCR’s exercise of discretion.

The subject apartment became permanently exempt from rent stabilization in 2002 as a result of a high rent vacancy. Nevertheless, when current owner purchased the building, current owner mistakenly filed 2016 and 2017 annual registration statements indicating that the apartment was temporarily exempt due to employee occupancy.In 2019, when the owner sought to withdraw the erroneous statements and submit new registrations removing the unit from the total of rent stabilized units, the rent administrator denied the application, stating that amendments may correct ministerial issues but not other types of changes. The Deputy Commissioner upheld that determination, as did Supreme Court. In affirming, the Appellate Division noted that broadly permitting subsequent amendments to earlier rent registrations could detract from the legitimacy of the registrations. Landlord appealed.