Landlord Didn't Serve Order of Eligibility on Time

LVT Number: 8084

The DRA denied landlord's 1986/87 MBR increase because landlord didn't serve tenants with the Order of Eligibility on time. The order had been issued on June 29, 1988, and service to tenants was due within 60 days. Landlord appealed, claiming it hadn't gotten the order and that it learned about the order for the first time when it got a letter from the DHCR in January 1989 asking why it hadn't served tenants with the order. Landlord served the order on tenants after getting this letter. The DHCR ruled that this was too late.

The DRA denied landlord's 1986/87 MBR increase because landlord didn't serve tenants with the Order of Eligibility on time. The order had been issued on June 29, 1988, and service to tenants was due within 60 days. Landlord appealed, claiming it hadn't gotten the order and that it learned about the order for the first time when it got a letter from the DHCR in January 1989 asking why it hadn't served tenants with the order. Landlord served the order on tenants after getting this letter. The DHCR ruled that this was too late. And landlord didn't prove that it never got the June 1988 order.

4815 15th Avenue: DHCR Adm. Rev. Dckt. No. EA 230159-RO (5/11/93) [2-page document]

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