Landlord Proved It Sent DC-2 Notice to Tenant
LVT Number: 12291
Tenant filed a fair market rent appeal. Tenant claimed she never received a DC-2 notice from landlord. The DHCR ruled against tenant, finding that landlord sent the DC-2 notice and that tenant's complaint wasn't filed within 90 days of receipt of the notice. Tenant appealed. The court and appeals court ruled against tenant. Landlord's proof of certified mailing of a DC-2 notice to tenant in January 1983 created a presumption that tenant received the DC-2 notice. Tenant's testimony that she didn't recall receiving the DC-2 notice wasn't sufficient to overcome this presumption.
Pezzano v. Holland: NYLJ, p. 28, col. 6 (4/6/98) (App. Div. 1 Dept.; Sullivan, JP, Rosenberger, Rubin, Tom, JJ)