Tenant Acknowledged Receipt of RR-1 Form

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant filed a fair market rent appeal. The DRA ruled against tenant, finding tenant's complaint wasn't filed on time. Tenant appealed and lost. Landlord had proved that tenant received the RR-1 form and didn't file her fair market rent appeal within 90 days. There was a clause in tenant's lease, which she initialed, that stated that prior tenant was rent controlled and that tenant must file a fair market rent appeal within 90 days of receipt of the RR-1 form to challenge the rent. Tenant also signed a lease rider, stating that she received the RR-1 form on that date.

Shaur: DHCR Adm. Rev. Dckt. No. PD410008RP (11/21/01) [2-pg. doc.]