Notices Served on Landlord's Agents

LVT Number: 10793

Tenant filed a fair market rent appeal. Landlord submitted no response, although it had requested additional time to do so. The DRA ruled for tenant, and landlord appealed. The DRA's notices and decision had named landlord's managing agent as the building owner. Landlord claimed that the DHCR should have sent all notices directly to him. The DHCR ruled against landlord. All of tenant's leases named the managing agent as landlord's agent. And all the rent registration statements for the building, except one early one, gave landlord's address as in care of the agent.

Tenant filed a fair market rent appeal. Landlord submitted no response, although it had requested additional time to do so. The DRA ruled for tenant, and landlord appealed. The DRA's notices and decision had named landlord's managing agent as the building owner. Landlord claimed that the DHCR should have sent all notices directly to him. The DHCR ruled against landlord. All of tenant's leases named the managing agent as landlord's agent. And all the rent registration statements for the building, except one early one, gave landlord's address as in care of the agent. Since all the DRA's notices were served on landlord's agent, landlord was in essence served and can't claim otherwise.

Garber: DHCR Adm. Rev. Dckt. No. DI410120RO (5/9/96) [3-page document]

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