Landlord Proved It Sent RR-1 Form to Tenant

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $7,000. Landlord appealed. Landlord had told the DRA that prior tenant was commercial tenant exempt from rent stabilization. Landlord sent complaining tenant an RR-1 form when tenant moved into the apartment in 1985. The DRA even held a hearing regarding service of the RR-1. Landlord's managing agent testified about office procedure and claimed the RR-1 was sent to tenant. The ALJ found landlord's claim believable. The DHCR ruled for landlord. Given the ALJ's report, the DRA should have ruled that the RR-1 was properly sent. Tenant's complaint was filed more than 90 days after service of the RR-1, and thus wasn't filed on time. Tenant's rent was the first stabilized rent for the apartment after the prior exemption and wasn't subject to a fair market rent appeal.

Downing Mgmt. Corp.: DHCR Adm. Rev. Dckt. No. EE420307RO (4/9/97) [2-page document]