Landlord Didn't Prove Hand-Delivery of DC-2 Notice

August 31, 1997

LVT Number: 11779

Tenant filed a fair market rent appeal. The DRA ruled for tenant and reduced the initial stabilized rent for the apartment. Landlord appealed, claiming that prior landlord served a DC-2 notice in 1982 by hand-delivery and so the fair market rent appeal wasn't filed on time. The DHCR ruled against landlord. There was no tenant signature on the DC-2 notice proving personal delivery. Prior landlord claimed the DC-2 notice was delivered to tenant at the same time he was given the lease. But tenant initialed every lease rider.

Tenant filed a fair market rent appeal. The DRA ruled for tenant and reduced the initial stabilized rent for the apartment. Landlord appealed, claiming that prior landlord served a DC-2 notice in 1982 by hand-delivery and so the fair market rent appeal wasn't filed on time. The DHCR ruled against landlord. There was no tenant signature on the DC-2 notice proving personal delivery. Prior landlord claimed the DC-2 notice was delivered to tenant at the same time he was given the lease. But tenant initialed every lease rider. Yet, the DC-2 notice landlord submitted was incomplete and contained no initials and no signature. Tenant also denied ever receiving the DC-2 notice.

Mark/East Side Realty Assocs.: DHCR Adm. Rev. Dckt. Nos. DJ410266RO, EJ410377RO (5/13/97) [4-page document]

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