Tenant Didn't File Fair Market Rent Appeal on Time

(Decision submitted by Karen Schwartz-Sidrane of the Hewlett, N.Y., law firm of Pennisi Daniels & Norelli, LLP, attorneys for the landlord.) Tenant filed a fair market rent appeal. The DRA ruled against tenant and dismissed the complaint because it wasn't filed within 90 days of the date landlord sent tenant an initial registration form. Tenant appealed, claiming that he never received the RR-1 form that was mailed on Aug. 30, 1996, because his first lease didn't start until Sept. 1, 1996. The DHCR ruled against tenant. Landlord sent the RR-1 to tenant by certified mail on Aug. 30, 1996. Landlord's building super submitted a sworn statement that tenant moved into the apartment on Aug. 30, not Sept. 1. Tenant claimed that the super's statements were unreliable but was silent as to what date he moved in. Tenant also didn't file his fair market rent appeal until Aug. 28, 2000, almost four years after he moved in.

Bodin: DHCR Admin. Rev. Dckt. No. PH410075RT (2/14/02) [2-pg. doc.]