Landlord Didn't Prove ICF Form Sent on Time

Landlord applied in 1994 for high-rent/high-income destabilization of tenant's apartment. Landlord claimed that tenant never returned the Income Certification Form (ICF) to landlord before landlord filed its application with the DHCR. Tenant claimed that landlord didn't send the ICF until May 7, 1994. The DRA ruled against landlord, after finding that landlord hadn't mailed the ICF to tenant on or before May 1. Landlord appealed, claiming that all ICFs for the building were mailed to tenants on April 27, 1994. Landlord submitted copies of return receipts but no proof of the actual mailing date. The DHCR ruled against landlord. The return receipt for tenant showed that tenant received the ICF on May 7. There was no proof of when landlord mailed it.

Madison Murray Assocs.: DHCR Adm. Rev. Dckt. No. JE410055RO (1/14/97) [3-page document]