DC-2 Notice Returned Unclaimed

February 1, 1996

LVT Number: 10315

Tenant filed a fair market rent appeal. Tenants claimed they never received a DC-2 notice. After a hearing, the DRA ruled for tenant. Landlord appealed. At the hearing, landlord proved that it had sent the DC-2 notice by certified mail to tenants within 30 days after the start of their initial lease. After two attempts, the post office returned the DC-2 notice to landlord because it was unclaimed. Tenants had said they were away at the time and hadn't picked up their mailbox key from landlord yet. But landlord fully complied with Sections 25 and 26 of the former rent stabilization code.

Tenant filed a fair market rent appeal. Tenants claimed they never received a DC-2 notice. After a hearing, the DRA ruled for tenant. Landlord appealed. At the hearing, landlord proved that it had sent the DC-2 notice by certified mail to tenants within 30 days after the start of their initial lease. After two attempts, the post office returned the DC-2 notice to landlord because it was unclaimed. Tenants had said they were away at the time and hadn't picked up their mailbox key from landlord yet. But landlord fully complied with Sections 25 and 26 of the former rent stabilization code. Since tenant's fair market rent appeal wasn't filed within 90 days after attempted service of the DC-2 notice, their complaint must be dismissed.

910 West End Ave. Ltd.: DHCR Adm. Rev. Dckt. No. CF 410259 RO (11/17/95) [3-page document]

Downloads

CF410259RO.pdf220.66 KB

Topics

More like this