Affidavit Insufficient Proof of Service of RR-1 Form

Tenant complained of a rent overcharge. The DRA ruled for tenant because landlord didn't prove service of the 1984 initial rent registration (RR-1) form. The DRA found a willful rent overcharge and ordered landlord to refund $15,000. Landlord appealed, claiming that the RR-1 had been served on tenant. The DHCR ruled against landlord. Tenant had lived in the apartment since 1976 and claimed he never received the RR-1. Landlord's only proof of service was an affidavit submitted by landlord stating that he mailed the form to tenant. As stated in DHCR Policy Statement 92-3, this wasn't acceptable proof of service.

Dor Assocs.: DHCR Adm. Rev. Dckt. No. HJ410062RO (6/14/96) [3-page document]