DRA Didn't Send Landlord Summary Notice

(Decision submitted by Jack Kuttner of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) Tenant claimed that the first stabilized rent of her apartment was more than the fair market rent. Landlord submitted the rent of a similar apartment in the building to be used as a comparable in setting the rent. The DRA refused to consider the comparable rent because landlord didn't prove it had sent a notice of the first stabilized rent to the tenant in the comparable apartment. It reduced tenant's first rent from $540 to $323. Landlord appealed, arguing that the DRA had never sent landlord a summary notice, advising landlord that it wouldn't consider the comparable rent. The DHCR ruled for landlord. A summary notice is a crucial part of a fair market rent appeal because it gives both landlord and tenant a chance to comment on the information the DRA is using to establish the first rent. The DHCR sent the case back to the DRA with instructions to send summary notices to both landlord and tenant.

Kessler: DHCR Adm. Rev. Dckt. No. CB 410228-RO (8/26/94) [3-page document]