Landlord Sent Tenant RN-26 Notice

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Rent-controlled tenant complained of a rent overcharge. She claimed that landlord hadn't sent her RN-26 forms for MCR rent increases in the past and that the current form was sent to her husband, who was deceased. The DRA ruled against tenant. Tenant appealed, again claiming that she didn't get the RN-26 notices and also now claimed that landlord was demanding retroactive charges. The DHCR also ruled against tenant. Building rent schedules from 1990 to 2001 showed that the forms were sent to tenant. And tenant couldn't raise a new issue about retroactive charges on appeal. Besides, tenant could raise this issue in a court case she had with landlord.

Pinto: DHCR Adm. Rev. Dckt. No. QL420002RT (9/3/03) [2-pg. doc.]