Landlord Never Sent DC-2 or RR-1 Forms

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge, and asked the court to dismiss the case. Tenant argued that she was the first rent-stabilized tenant in the apartment and that her rent was more than triple that of prior tenant's. Landlord argued that tenant couldn't make the overcharge complaint in court because she'd already filed the same complaint with the DHCR. Landlord also claimed that it shouldn't be penalized with triple damages for filing late registration statements. The court ruled for tenant and assessed triple damages. Tenant's overcharge complaint was really a fair market rent appeal, and landlord had never sent tenant the DC-2 and RR-1 notices informing her of her rights to challenge the rent. Also, the overcharge was willful because landlord didn't send tenant the forms until after she'd answered landlord's complaintone year after she moved in.

Doubledown Realty v. Dry: NYLJ, p. 26, col. 4 (12/28/94) (Civ. Ct. NY; Shafer, J)