Tenant's Challenge to First Rent Filed Too Late

Tenant filed a fair market rent appeal, claiming that the first stabilized rent for the apartment was greater than the legal rent. The DRA ruled for tenant. Landlord appealed, claiming that tenant didn't file the fair market rent appeal within 90 days of receipt of the RR-1 rent registration form. The DHCR ruled for landlord and dismissed tenant's complaint. Landlord submitted a sworn statement prepared at the time of the initial registration of the building stating that the RR-1 form was mailed to tenant on June 27, 1984. Tenant claimed she received the RR-1 form on an unknown date in July. The DHCR found that landlord sent the RR-1 form to tenant sometime on or before July 2, 1984, and that her fair market rent appeal wasn't filed until Oct. 1, 1984. So her fair market rent appeal wasn't filed on time.

Eis: DHCR Adm. Rev. Dckt. No. EB410221RO (7/1/97) [2-page document]