Landlord Didn't Prove RR-1 Form Was Mailed to Tenant

Tenant filed a fair market rent appeal. Landlord claimed it wasn't filed on time because it was filed more than 90 days after landlord delivered the RR-1 form to tenant. The DRA ruled for landlord. Tenant appealed, claiming that he didn't receive the RR-1 form. The DHCR reopened the case and held a hearing. Landlord's employee claimed that the RR-1 form was mailed to tenant but no one testified that he or she actually did the mailing and the employee who testified didn't know who might have done the mailing. Tenant received a lease by certified mail but claimed he received no RR-1 form. The DHCR ruled for tenant. There was no proof that the RR-1 form was mailed to tenant. So the DRA could go ahead and process tenant's fair market rent appeal as filed on time.

Landers: DHCR Adm. Rev. Dckt. No. PK410045RT (3/25/03) [2-pg. doc.]