Tenant Wasn't Properly Served with DC-2 Notice

Tenant filed a fair market rent appeal. He moved into the apartment in June 1991 and never received an initial apartment registration. The DRA ruled against tenant, finding that landlord served a DC-2 notice on tenant in July 1991. Tenant's complaint wasn't filed until 1994. Tenant appealed, claiming that service of the DC-2 wasn't enough and that landlord should have served an RR-1 form. The DHCR ruled that service of the DC-2, in place of the initial registration RR-1 form, was sufficient notice of tenant's right to file a fair market rent appeal. However, landlord's supposed proof of certified mailing of the DC-2 had no stamp or mark of any kind---only a handwritten date. Tenant also denied that it was his signature on the return receipt. So landlord didn't prove service of the DC-2 by certified mail, as required. The case was sent back for consideration of tenant's fair market rent appeal.

Simmons: DHCR Adm. Rev. Dckt. No. KJ410013RP (11/8/96) [4-page document]