Record Not Clear as to Whether DHCR Sent Order to Landlord

In March 1987, the DRA issued an interim order, granting landlord MBR increase for the 1986–87 period, effective Jan. 1, 1986. On June 29, 1988, the DRA issued a final MBR order of eligibility for landlord's building. Landlord was instructed to serve copies of the order on tenants within 60 days. On Feb. 1, 1989, the DRA sent a notice to landlord reopening the case because landlord hadn't filed a sworn statement that the final MBR eligibility order was served. In May 1989, the DRA revoked landlord's MBR eligibility order. Landlord appealed, claiming that it never received the final order of eligibility until February 1989. Landlord immediately served the notice on all rent-controlled tenants in 1989. The DHCR ruled for landlord. The DHCR's mailing records didn't indicate clearly whether the final MBR eligibility order was mailed to landlord when it was issued in 1988. The name or the initials of the person who supposedly mailed the order couldn't be determined from the DHCR's records.

Parcel 242, Inc.: DHCR Admin. Rev. Dckt. No. JI420005RK (7/18/96) [9-page document]