DC-2 Notice Misleading

Tenant filed a fair market rent appeal challenging the initial 1979 stabilized rent for her apartment. The DRA ruled against tenant, finding that tenant hadn't filed the complaint within 90 days of service of the DC-2 notice. Tenant appealed. Landlord had claimed it sent tenant a DC-2 notice in 1982. But tenant claimed she never received it and that landlord hadn't proven that the DC-2 was sent by certified mail, as required. Tenant also pointed out that landlord didn't list the 1974 MBR on the DC-2 notice claimed to have been mailed. The DHCR sent the case back to the DRA to process tenant's complaint as timely because the DC-2 notice was defective. The DC-2 stated that the ''1979'' maximum rent for tenant's apartment was $900 based on the ''1979'' MBR. This statement was incorrect and misleading. Landlord was required to inform tenant of the 1974 maximum rent. Landlord's additional statement in the DC-2 that tenant's rent was also based on ''comparable rentals for similar apartments in the neighborhood'' was also improper and misleading.

Kafka: DHCR Adm. Rev. Dckt. No. CA410046RT (6/28/96) [2-page document]