Landlord Didn't Prove Personal Delivery of RR-1 Form

Tenant filed a fair market rent appeal. The DRA ruled for tenant and ordered landlord to refund $28,000 in excess rent paid by tenant. Landlord appealed, claiming that tenant's fair market rent appeal wasn't filed on time because landlord had sent an initial registration (RR-1) form to the first rent-stabilized tenant of the apartment. The DHCR ruled against landlord. Although landlord claimed it personally delivered the RR-1 to the first stabilized tenant, the RR-1 form landlord submitted as proof contained no tenant signature and wasn't filed with the DHCR until after second tenant filed his fair market rent appeal.

Sherry/Hansen: DHCR Adm. Rev. Dckt. Nos. JI410251RO, JI410087RT (3/6/98) [3-page document]