Fair Market Rent Appeal Not Filed in Time

Rent-stabilized tenant filed a fair market rent appeal to challenge his apartment's initial legal regulated rent. The DRA dismissed the complaint because more than 90 days had passed since landlord delivered an initial rent registration (RR-1) form to tenant before tenant complained. Tenant appealed and lost. Tenant claimed that he never received the RR-1. But landlord submitted a U.S. Postal Service receipt showing that it sent the RR-1 to tenant by certified mail on Dec. 17, 2012. Tenant didn't file his fair market rent appeal until July 25, 2016. And the Rent Stabilization Code required landlord to send the RR-1 only by certified mail. No return receipt was required as proof of delivery. Tenant also claimed that he didn't move into the apartment until Dec. 25, 2012. But his lease commenced on Dec. 15, 2012. So landlord properly delivered the RR-1 to tenant "within 90 days after the commencement of the first tenancy subject to the RSL," as required by Rent Stabilization Code Section 2523.1.

Asish: DHCR Adm. Rev. Docket No. FV410010RT (5/15/18) [3-pg. doc.]