Landlord Didn't Submit DC-2 Notice to DHCR

December 1, 1995

LVT Number: 10174

Tenant filed a fair market rent appeal, challenging the first stabilized rent for his apartment. Landlord claimed that tenant's complaint wasn't filed on time. But landlord never submitted a DC-2 notice to DHCR. So there was no proof that there was a time limit for tenant to file his complaint. The DHCR ruled for tenant, and landlord appealed. The appeals court ruled against landlord, and she appealed again. By this time landlord had located the missing DC-2 notice in its own files. But landlord didn't have a reasonable excuse for not previously submitting this document to the DHCR.

Tenant filed a fair market rent appeal, challenging the first stabilized rent for his apartment. Landlord claimed that tenant's complaint wasn't filed on time. But landlord never submitted a DC-2 notice to DHCR. So there was no proof that there was a time limit for tenant to file his complaint. The DHCR ruled for tenant, and landlord appealed. The appeals court ruled against landlord, and she appealed again. By this time landlord had located the missing DC-2 notice in its own files. But landlord didn't have a reasonable excuse for not previously submitting this document to the DHCR. The case had been pending since 1984. It was too late to have the DC-2 notice considered.

Busbee v. Higgins: NYLJ, p. 25, col. 5 (11/14/95) (App. Div. 1 Dept.; Rosenberger, JP, Rubin, Kupferman, Williams, JJ)

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