DC-2 Notice Misleading

June 30, 1994

LVT Number: 8877

Tenants filed a fair market rent appeal, challenging the first stabilized rent of the apartment. The DRA dismissed tenants' complaint because they hadn't filed the fair market rent appeal within 90 days of being served with the DC-2 notice. Tenants appealed, arguing that the DC-2 notice wasn't valid because it contained incorrect and misleading information. The notice listed the rent of the prior tenant as $1,200.00 per month when it was only $394.72. The DHCR ruled for tenants. Since the DC-2 notice was misleading, it didn't start the running of the 90-day period.

Tenants filed a fair market rent appeal, challenging the first stabilized rent of the apartment. The DRA dismissed tenants' complaint because they hadn't filed the fair market rent appeal within 90 days of being served with the DC-2 notice. Tenants appealed, arguing that the DC-2 notice wasn't valid because it contained incorrect and misleading information. The notice listed the rent of the prior tenant as $1,200.00 per month when it was only $394.72. The DHCR ruled for tenants. Since the DC-2 notice was misleading, it didn't start the running of the 90-day period. So, tenants could file the fair market rent appeal.

Rardin: DHCR Adm. Rev. Dckt. No. BI 410173-RT (5/23/94) [3-page document]

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