Landlord Proved Hand-Delivery of DC-2 Notice

Tenant filed a fair market rent appeal. The DRA ruled for tenant, finding that the initial legal regulated rent was $1,275 per month. Landlord was ordered to refund $114,000 to tenant. Landlord appealed, claiming tenant's complaint should have been dismissed because landlord hand-delivered a DC-2 notice to tenant more than 90 days before the complaint was filed. Tenant claimed she still hadn't received the DC-2 or RR-1 notice and that landlord was required under the Rent Stabilization Code to send it by certified mail. The DHCR ruled for landlord. Landlord submitted a sworn statement from a management company employee stating that shortly before tenant's lease began on Sept. 1, 1987, she appeared in his office, signed the lease and all riders, and was given a fully signed copy of the lease and the DC-2 notice to sign. Tenant signed on the top of the DC-2 form. DHCR's records also contained a letter from tenant dated Sept. 11, 1987, in which she asked for verification of the prior rent-controlled tenant's rent and stated that ''I know I have 90 days to file a claim.'' Landlord sufficiently proved that tenant received the DC-2 notice by hand-delivery.

Dupont Assocs.: DHCR Adm. Rev. Dckt. No. JE410243RO (11/26/97) [3-page document]