DC-2 Notice Was Defective

April 30, 2002

LVT Number: 15767

Rent-stabilized tenant filed a fair market rent appeal. Landlord claimed that it wasn't filed on time because landlord had sent prior tenant a DC-2 notice. The DHCR ruled for tenant, finding that the DC-2 notice was defective. The DHCR ordered landlord to refund $69,000 to tenant. Landlord appealed and lost. The DC-2 notice didn't state what the 1974 maximum rent was. This was required information on the form. So the DHCR's decision was reasonable.

Rent-stabilized tenant filed a fair market rent appeal. Landlord claimed that it wasn't filed on time because landlord had sent prior tenant a DC-2 notice. The DHCR ruled for tenant, finding that the DC-2 notice was defective. The DHCR ordered landlord to refund $69,000 to tenant. Landlord appealed and lost. The DC-2 notice didn't state what the 1974 maximum rent was. This was required information on the form. So the DHCR's decision was reasonable.

Weinreb v. DHCR: NYLJ, 4/29/02, p. 20, col. 1 (App. Div.1 Dept.; Mazzarelli, JP, Saxe, Sullivan, Wallach, Lerner, JJ)

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