Landlord Didn't Serve DC-2 Notice

Tenant filed a fair market rent appeal. She was the first stabilized tenant of the apartment in 1981, and her monthly rent was $400. Tenant claimed that the building superintendent gave her a blank DC-2 notice to sign when she signed her lease, that she objected to signing a blank form, and never received a copy of the completed form, although she requested it several times. The DRA held a hearing. Landlord appeared but didn't produce the super as a witness. The DRA ruled for tenant and reduced the first stabilized rent to $273. Landlord appealed, claiming that the DC-2 notice was valid and that tenant's fair market rent appeal was therefore untimely. The DHCR ruled against landlord. Under the circumstances, landlord didn't prove proper service of the DC-2 notice.

Michael Lee & Co.: DHCR Admin. Rev. Dckt. No. HF110035RO (4/1/96) [5-page document]