Return Receipt Contained Tenant's Signature

Tenant filed a fair market rent appeal. The DRA ruled against tenant and dismissed his complaint as untimely. Tenant appealed, claiming that he never received a DC-2 or RR-1 notice for the apartment. He claimed that the signature on landlord's post office return receipt for the notice wasn't his. The DHCR ruled against tenant. Landlord served tenant with a DC-2 notice by certified mail, return receipt requested. Tenant argued for the first time on appeal that the signature on the return receipt wasn't his. And tenant didn't answer the DRA's questions as to whether he actually received the DC-2 form. So tenant can't raise the issue for the first time now.

Simmons: DHCR Admin. Rev. Dckt. No. JE510184RT (3/14/96) [4-page document]