Defective DC-2 Notice

LVT Number: 11777

Tenant filed a fair market rent appeal, claiming that the DC-2 notice of the initial legal regulated rent sent to prior tenant was defective. The DRA ruled against tenant, and tenant appealed. Landlord had modified the form DC-2 notice, adding to the listing of the 1979 maximum rent a statement that this rent was based on ``comparable open market rents for similar-sized apartments.'' This statement was incorrect and misleading and didn't inform the first stabilized tenant of the correct 1979 maximum rent.

Tenant filed a fair market rent appeal, claiming that the DC-2 notice of the initial legal regulated rent sent to prior tenant was defective. The DRA ruled against tenant, and tenant appealed. Landlord had modified the form DC-2 notice, adding to the listing of the 1979 maximum rent a statement that this rent was based on ``comparable open market rents for similar-sized apartments.'' This statement was incorrect and misleading and didn't inform the first stabilized tenant of the correct 1979 maximum rent. The DHCR ruled for tenant and sent the case back for processing of the fair market rent appeal.

Hinnenkamp/Alderfer/Weinreb Mgmt.: DHCR Adm. Rev. Dckt. No. DI410215RT, DI410029RO (4/16/97) [2-page document]

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