Grady v. Hessert Realty L.P., 2019 NY Slip Op 8598 (2019)

Citation: Grady v. Hessert Realty L.P., 2019 NY Slip Op 8598 (2019)
Parent Document: Grady v. Hessert Realty L.P., 2019 NY Slip Op 8598 (2019)
Jurisdiction: New York (state)
Effective Date: 2019-12-03
Original Source: https://www.courtlistener.com/opinion/4683577/grady-v-hessert-realty-lp/ ↗

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The court should have lifted the rent freeze prospectively after defendants filed the rent registration statements with DHCR in May 2017. RSL § 26-517(e) provides that "[t]he filing of a late registration shall result in the prospective elimination of [rent-freeze] sanctions" (see also RSC § 2528.4; Matter of Cardona v New York State Div. of Hous. & Community Renewal, 214 AD2d 393, 394 [1st Dept 1995] ["rent freeze imposed because of an owner's failure to file rent stabilization registration statements may be prospectively eliminated upon the filing of those statements"]). Here, defendants re-registered the apartment with DHCR in May 2017 and filed registration statements for the missing years. Those statements reflected the proper legal regulated rent during plaintiff's tenancy, including lawful increases, bringing the legal rent to $1,767.50 as of May 2017. Thus, defendant is entitled to collect that amount going forward from that date, along with any lawful increases thereafter.

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