Landlord Sent Defective DC-2 Notice

Tenant complained that the initial stabilized rent for his apartment was more than the fair market rent. The DRA ruled for landlord. Landlord had served tenant a DC-2 notice advising him about the initial legal regulated rent. Tenant filed his fair market rent appeal more than 90 days after being served with the DC-2. So, the DRA found that tenant‘s complaint was untimely. Tenant appealed, claiming that the DC-2 notice had been stuffed into an envelope with his lease and was hand-delivered by the building superintendent around the time he'd moved in. Tenant also pointed out that landlord didn't list the last MBR under rent control on the form. The DHCR ruled for tenant and sent the case back for the processing of tenant's fair market rent appeal. Landlord had served the DC-2 notice improperly. The Rent Stabilization Code requires service by certified mail, return receipt requested. And landlord's DC-2 notice omitted required MBR information. Instead, landlord had written a vague statement to the effect that tenant's rent was based on the fair market value of similar apartments. Landlord's notice was defective and didn't give tenant the information he needed to make an informed decision as to whether to file a fair market rent appeal. Therefore, the 90-day period for filing never started running.

1689 First Avenue, Apt. 1: DHCR Adm. Rev. Dckt. No. EG 420236-RT (9/28/93) [3-page document]