Landlord Provided Complete Rent History

Tenant complained of a rent overcharge. The DRA ruled for tenant based on landlord's failure to submit a complete rent history. Landlord appealed, claiming it hadn't been given the chance to respond to tenant's complaint. The DHCR ruled for landlord. The DRA's records showed that notice of tenant's complaint hadn't been sent to landlord at its correct address. Landlord submitted with its PAR the full rent history for the apartment. Landlord showed that tenant had moved into the apartment in 1979 as the first rent-stabilized tenant. Landlord also showed that it had sent tenant a ''DC-2'' notice by certified mail shortly after tenant moved in, but that tenant had never picked up the certified mail and it had been returned to landlord. So tenant wasn't entitled to file a fair market rent appeal. The first stabilized rent for the apartment was found to be the fair market rent and there was no subsequent overcharge.

London Terrace Assocs.: DHCR Adm. Rev. Dckt. No. FK410246RO (5/6/98) [3-page document]