Prior Tenant Didn't Challenge How DC-2 Notice Was Delivered

(Decision submitted by Jack Kuttner of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge, claiming that the first rent-stabilized rent for the apartment was greater than the fair market rent. The DRA ruled against tenant, and tenant appealed, claiming, among other things, that landlord hadn't sent the DC-2 notice of tenant's right to challenge the fair market rent to prior tenant in 1987 by certified mail. The DHCR ruled against tenant. Landlord personally delivered the DC-2 notice to prior tenant, who signed landlord's copy to acknowledge receipt. Although the law required delivery by certified mail, delivery of the DC-2 notice by other means was acceptable, since prior tenant didn't complain within 90 days.

Binder: DHCR Adm. Rev. Dckt. No. MB410039RT (9/17/99) [2-pg. doc.]