First Rent-Stabilized Tenant Acknowledged Receipt of DC-2 Notice

(Decision submitted by Jack Kuttner of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Tenant filed a fair market rent appeal. The DRA ruled for tenant and reduced the apartment's first stabilized rent. The DRA rejected landlord's proof of service of a ''DC-2'' notice on the first stabilized tenant, who had never contested the initial stabilized rent. Landlord appealed, claiming that the DRA had improperly rejected landlord's proof of service of the DC-2 notice. The DHCR ruled for landlord. The regulations in effect at the time required landlord to serve the DC-2 notice by certified mail. Landlord submitted to the DRA a copy of the DC-2 notice, a receipt for certified mail addressed to the first stabilized tenant, and a statement that tenant acknowledged receipt of the DC-2 notice and that he chose not to challenge the fair market rent. The complaining tenant had disputed this statement because it wasn't notarized. Landlord submitted a notarized statement with its PAR, which the DHCR accepted because landlord wasn't informed by the DRA that a notarized statement was needed from the prior tenant. Also, the first tenant didn't dispute receipt of the DC-2 notice.

Lekjanin Realty Corp.: DHCR Adm. Rev. Dckt. No. EA410018RO (10/24/97) [3-page document]