DC-2 Notice Defective

Facts: Tenant filed an overcharge complaint and a fair market rent appeal, claiming she was the first rent-stabilized tenant, and challenging the first rent of $2,000 per month. Landlord argued that tenant wasn't the first rent-stabilized tenant, and that it had sent prior tenant a DC-2 notice stating that the 1982 ''maximum rent'' for tenant's apartment was $2,500 per month. The notice also said that this rent was based on ''comparable fair market rentals.'' Landlord claimed that tenant's time to file a fair market rent appeal had ended. The DRA found that the DC-2 notice was defective, and set tenant's rent at $772.72 per month. Landlord appealed. DHCR: Landlord loses, and tenant is deemed the first rent-stabilized tenant. The DC-2 notice was defective because it didn't inform the first rent-stabilized tenant of the 1974 maximum rent or the 1982 maximum rent under rent control. Also, the statement about the comparable rents was improper and misleading. So, the 90-day time period to file an appeal had never started running.

5 West 86th St., Apt. 10A: DHCR Adm. Rev. Dckt. Nos. FL 410307-RO, FL 410376-RT (10/4/94) [8-page document]