Tenant Didn't Send Letter to Landlord Before Filing Complaint

Tenant complained of a reduction in services. She claimed that there was no cooking gas and that the walls in her kitchen had been torn up and not sealed. Tenant didn't submit with her complaint a copy of any prior letter to landlord or proof that a letter had been mailed. The DRA advised tenant that it was considering only that portion of her complaint concerning the gas, because this was an emergency condition. Landlord answered the complaint, stating that gas service had been restored. Tenant confirmed this. The DRA, therefore, dismissed tenant's complaint. Tenant appealed, arguing that the DRA should have considered her other claim. The DHCR ruled against tenant. Rent Stabilization Code Section 2523.4(c) requires tenant to send landlord a letter with proof of mailing at least 10 days before filing a complaint with the DHCR. Because tenant didn't do so, the DRA had properly dismissed this portion of tenant's complaint.

Zigars: DHCR Adm. Rev. Docket No. UI410032-RT (1/26/07) [2-pg. doc.]