Landlord Must Prove Delivery of DC-2 Notice to Tenant

Facts: Tenant moved into a rent-stabilized apartment in 1981 at a monthly rent of $450. The apartment was previously rent-controlled. Tenant filed a fair market rent appeal in 1984, challenging the first stabilized rent of the apartment. The DRA ruled for tenant and reduced the rent to $71. Landlord was directed to refund $30,000 to tenant. Landlord appealed, claiming that tenant's fair market rent appeal wasn't filed on time. Landlord said he had delivered a DC-2 notice to tenant in 1981 and had submitted proof of this to the DRA. The DHCR ruled for landlord based on tenant's failure to file the fair market rent appeal within 90 days of getting the DC-2 notice. Tenant appealed, claiming landlord hadn't proved the DC-2 notice was delivered on time. Court: Tenant wins. Landlord's mailing of the DC-2 notice didn't state tenant's apartment number, and landlord never got a return receipt showing tenant had gotten the DC-2 notice. Tenant claimed she didn't get the DC-2 notice until 1984. The court sent the case back to the DHCR to hold a hearing on the issue of whether landlord delivered the DC-2 notice to tenant in 1981.

Stein v. DHCR: Index No. 101368/99 (10/99) (Sup. Ct. NY; Omansky, J) [16-pg. doc.]