Landlord Didn't Prove It Sent Orders of Eligibility to Tenants

The DRA denied landlord the right to collect 1986/87 MBR increases because landlord didn't file an affidavit of service of the MBR order of eligibility to tenants on time. Landlord appealed, claiming it had served copies of the order on tenants in a timely manner. Landlord submitted a copy of a U.S. Postal form applying for certified or registered mail. The form contained landlord's name and address as sender, along with the names and addresses of tenants. The form was stamped August 29, 1988, with an official Post Office date stamp. This date was the last date for completion of timely service. The DHCR ruled against landlord. Except for the names, addresses, postal date stamp, and a private postage meter date also of August 29, 1988, the form was blank. In an area on the form labeled ``postage,'' landlord wrote tenants' apartment numbers. Otherwise, areas on the form requesting the amount of postage being paid, the number of pieces being mailed, various other charges, as well as the area requesting a postal employee's signature, are blank. The DHCR found that the form probably wasn't reviewed by postal employees because it was incomplete.

Jomike Realty: DHCR Adm. Rev. Dckt. No. DL 630212-RO (9/1/93) [2-page document]