No Proof Tenant Didn't Receive DHCR Inspection Notice

April 17, 2007

LVT Number: 19501

Tenant complained of a reduction in services. The DRA sent tenant a notice of inspection. Tenant didn't provide access, and the DRA ruled against tenant, dismissing the complaint. Tenant appealed. Tenant claimed that his mailbox was broken and that he didn't get the inspection notice on time. Landlord claimed that there was no problem with the mailbox. The DHCR ruled against tenant. The DRA mailed its inspection notice to tenant at tenant's proper address. The notice wasn't returned to the post office as undeliverable. Mail sent to the correct address is presumed to have been delivered.

Tenant complained of a reduction in services. The DRA sent tenant a notice of inspection. Tenant didn't provide access, and the DRA ruled against tenant, dismissing the complaint. Tenant appealed. Tenant claimed that his mailbox was broken and that he didn't get the inspection notice on time. Landlord claimed that there was no problem with the mailbox. The DHCR ruled against tenant. The DRA mailed its inspection notice to tenant at tenant's proper address. The notice wasn't returned to the post office as undeliverable. Mail sent to the correct address is presumed to have been delivered. Tenant didn't submit any other proof that the notice wasn't timely.

Venzen: DHCR Adm. Rev. Docket No. UK610061RT (2/9/07) [2-pg. doc.]

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