Landlord Used Wrong RR-1 Form

LVT Number: 8660

Tenant complained that the first stabilized rent of her apartment was greater than the fair market rent. The DRA ruled for tenant and reduced her rent. Landlord appealed, claiming that tenant didn't file her fair market rent appeal within 90 days of getting the initial rent registration (RR-1) form. The DHCR ruled against landlord. Landlord had used the wrong form. When landlord served the RR-1, in 1987, revised forms and instructions were available.

Tenant complained that the first stabilized rent of her apartment was greater than the fair market rent. The DRA ruled for tenant and reduced her rent. Landlord appealed, claiming that tenant didn't file her fair market rent appeal within 90 days of getting the initial rent registration (RR-1) form. The DHCR ruled against landlord. Landlord had used the wrong form. When landlord served the RR-1, in 1987, revised forms and instructions were available. The new form provided a space for landlord to advise tenant of the MBR paid by the prior rent-controlled tenant immediately before tenant moved in. Since landlord didn't provide this information to tenant, tenant's later fair market rent appeal was deemed timely.

2100 Bronx Park East, Apt. 5A: DHCR Adm. Rev. Dckt. No. HC 610087-RO (2/16/94) [5-page document]

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