Landlord Served DC-2 Notice by Certified Mail

Tenant filed a fair market rent appeal, claiming that her initial stabilized rent was excessive. Tenant moved into the apartment in December 1982 at a monthly rent of $950. Landlord claimed that it served tenant a DC-2 notice of the right to file a fair market rent appeal in January 1983. The DRA ruled against tenant. Tenant's complaint wasn't filed within 90 days of receipt of the DC-2 and was therefore untimely. Tenant appealed, claiming she never received the DC-2 notice. The DHCR reopened the case. The DRA held a hearing and found that tenant never received the DC-2 notice. Tenant's first rent was reduced to $595. Landlord then appealed. The DHCR ruled for landlord. Landlord complied with the DC-2 service requirements of the rent stabilization code and showed proof of certified mailing. Tenant didn't testify that she never received the certified mail from landlord, only that she didn't remember it. And tenant didn't claim that she received some other document from landlord. And the fact that landlord may have mailed the notice to tenant more than 30 days after she moved in didn't put tenant in a bad position; she still had 90 days to file the complaint after getting the notice.

Pik Record Co.: DHCR Adm. Rev. Dckt. No. JA 410318-RO (9/27/95) [5-page document]