DHCR Sent Additional Information Request to Wrong Address

LVT Number: #28168

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant and dismissed the complaint after tenant failed to respond to the DRA's request for additional information. Tenant appealed, and the case was reopened. Tenant claimed that she never received any request for additional information from the DHCR. Review of the DHCR's file showed that the DRA mailed the request to tenant on Feb. 23, 2017. But the U.S. Post Office had returned the mailing to the DHCR on March 1, 2017, because it contained an incorrect Zip code for tenant's address.

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant and dismissed the complaint after tenant failed to respond to the DRA's request for additional information. Tenant appealed, and the case was reopened. Tenant claimed that she never received any request for additional information from the DHCR. Review of the DHCR's file showed that the DRA mailed the request to tenant on Feb. 23, 2017. But the U.S. Post Office had returned the mailing to the DHCR on March 1, 2017, because it contained an incorrect Zip code for tenant's address. The DRA never re-mailed the request to tenant with a correct Zip code. So tenant wasn't given an opportunity to respond to the DRA's request and the case was sent back to the DRA for further processing.

Wise: DHCR Adm. Rev. Docket No. FO410072RT (11/21/17) [2-pg. doc.]

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