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

Tenant filed a fair market rent appeal, claiming the initial rent-stabilized rent of $1,500 in 1989 was greater than the fair market rent. Landlord claimed that tenant's complaint wasn't on time, because tenant didn't file it within 90 days of the date landlord had delivered the DC-2 notice to tenant. Tenant claimed she didn't get the DC-2 notice. The DRA ruled for tenant, finding that landlord didn't prove delivery of the DC-2 notice. The DRA reduced the first stabilized rent to $736 and ordered landlord to refund $45,000 to tenant. Landlord appealed, pointing out that an independent real estate broker had hand-delivered the DC-2 notice. Landlord claimed that this was a better method of delivery than sending the notice by certified mail and that the DHCR should have accepted its proof of delivery. The DHCR ruled against landlord. The Rent Stabilization Code requires delivery of a DC-2 notice by certified mail. In some cases, the DHCR will allow hand-delivery to suffice. But in this case, landlord didn't sufficiently prove hand-delivery of the DC-2 notice. Landlord didn't submit a copy of a DC-2 notice initialed by tenant, but only a notice of statutory decontrol. Proof of hand-delivery to tenant requires tenant's signature on the item received. The broker's sworn statement of delivery isn't enough.

Estate of Goldman: DHCR Adm. Rev. Dckt. No. LL410032RO (3/1/00) [5-pg. doc.]