1278.5 Petition to Obtain Annual General Adjustments (AGA's) Lost Due to a Good Faith Failure to Register

(A) The lawful rent ceiling of a rental unit shall be adjusted prospectively by all Annual General Adjustments for which a petitioner is otherwise ineligible due to the owner's failure to register the rental unit, if:

(1) the rental unit is currently properly registered;

(2) the prior failure to register the rental unit is demonstrated by a preponderance of the evidence to have been the result of a good faith error; and

(3) the petitioner demonstrates or certifies under penalty of perjury that the unit is in substantial compliance with all provisions of the Rent Stabilization Ordinance, Regulations, orders of the Board and applicable housing and safety codes.

(B) The owner is not entitled to recover any AGA's which have been previously regained through a net operating income analysis or, for tenancies beginning on or after January 1, 1999, that were lost prior to the establishment of the most recent initial rent.

(C) The provisions of subsections (B), (C) and (D) of Regulation 1278 shall apply to petitions brought under this regulation.

[Effective October 23, 1992 and amended December 27, 1998]