Landlord Didn't Properly Complete RR-1 Form

Tenant filed a fair market rent appeal in 1995. Landlord claimed that it wasn't filed on time because landlord delivered an RR-1 form and a DC-2 notice to tenant in 1992 when he moved into the apartment. Tenant claimed that he didn't receive the forms. The DRA ruled for tenant and found that landlord didn't properly deliver the RR-1 form and DC-2 notice. The DRA reduced tenant's initial rent-stabilized rent. Landlord appealed. The DHCR ruled against landlord in part. Landlord claimed that the RR-1 and DC-2 forms were hand-delivered to tenant. But the law requires delivery by certified mail, return receipt requested. And even if the forms were properly delivered, they weren't properly completed because they didn't state the amount of the prior rent-controlled tenant's rent. So landlord didn't properly deliver the RR-1 and DC-2 forms, and tenant's complaint was filed on time. However, the DRA mistakenly found that tenant's rent was greater than the fair market rent. The rent landlord charged tenant was actually less than the fair market rent. So tenant's complaint was dismissed.

Brooklyn Realty LLC: DHCR Adm. Rev. Dckt. No. OH210085RO (10/18/02) [4-pg. doc.]