DC-2 Notice Altered

September 30, 1996

LVT Number: 10900

Tenant filed a fair market rent appeal, challenging the first rent-stabilized rent of her apartment. Landlord claimed it had served a DC-2 notice on the first rent-stabilized tenant when she moved in and that tenant's complaint wasn't filed on time. The DHCR ruled against landlord and reduced tenant's rent. Landlord appealed. The court and appeals court ruled against landlord. Landlord had altered the DC-2 notice served on tenant. Landlord therefore didn't send proper notice to the first tenant of the right to file a fair market rent appeal.

Tenant filed a fair market rent appeal, challenging the first rent-stabilized rent of her apartment. Landlord claimed it had served a DC-2 notice on the first rent-stabilized tenant when she moved in and that tenant's complaint wasn't filed on time. The DHCR ruled against landlord and reduced tenant's rent. Landlord appealed. The court and appeals court ruled against landlord. Landlord had altered the DC-2 notice served on tenant. Landlord therefore didn't send proper notice to the first tenant of the right to file a fair market rent appeal. So subsequent tenants could file a fair market appeal.

Weinreb Mgmt. v. DHCR: NYLJ, p. 25, col. 6 (9/30/96) (App. Div. 1 Dept.; Milonas, JP, Ellerin, Rubin, Ross, Nardelli, J)

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