Landlord Didn't Send Tenant Amended RR-1 Form

Tenant filed a fair market rent appeal, challenging the first stabilized rent for her apartment. The DRA ruled for tenant, and landlord appealed. Landlord claimed that tenant's challenge was untimely because he had sent tenant a DC-2 notice when she moved into the apartment in 1991 and tenant didn't file a fair market rent appeal within 90 days. The DHCR ruled against landlord. Landlord sent tenant a DC-2A notice, which didn't list the prior rent-controlled tenant's last maximum base rent (MBR). The DC-2A form was first used by the DHCR in 1985 but was replaced by an amended RR-1 form in 1987. The Rent Stabilization Code, as amended in 1987, and revised rent registration instructions available before 1991, advised landlord that it was required to send an amended RR-1 form to the apartment's first stabilized tenant. Since landlord didn't send the RR-1 form, tenant's fair market rent appeal was filed on time.

Langsam Property Services Corp.: DHCR Adm. Rev. Dckt. No. JJ510255RO (6/5/98) [3-page document]