RR-1 Form Was Valid Despite Misstatement As to Rent Charged

LVT Number: 12216

Tenant filed a fair market rent appeal. The DRA ruled against tenant because tenant's complaint wasn't filed within 90 days after receiving the initial apartment registration (RR-1) form. Tenant appealed, claiming he never received the RR-1 form. The DHCR ruled against tenant. Landlord had submitted a copy of the RR-1 form along with a certified mail receipt showing that the RR-1 was mailed to tenant on July 28, 1989, and that tenant signed the return receipt. Tenant didn't file his fair market rent appeal until December 1992, well over 90 days after receipt of the RR-1.

Tenant filed a fair market rent appeal. The DRA ruled against tenant because tenant's complaint wasn't filed within 90 days after receiving the initial apartment registration (RR-1) form. Tenant appealed, claiming he never received the RR-1 form. The DHCR ruled against tenant. Landlord had submitted a copy of the RR-1 form along with a certified mail receipt showing that the RR-1 was mailed to tenant on July 28, 1989, and that tenant signed the return receipt. Tenant didn't file his fair market rent appeal until December 1992, well over 90 days after receipt of the RR-1. Tenant's claim that he didn't receive a fully signed copy of his initial lease also didn't make the RR-1 form he received invalid. And the fact that the RR-1 form listed the apartment rent as $5,000 per month rather than the $3,500 actually charged tenant didn't invalidate the RR-1 form since it listed the last rent charged to the prior rent-controlled tenant and the maximum base rent of the apartment. This was all the information needed for tenant to make an informed decision on whether to challenge the first stabilized rent.

Newmann: DHCR Adm. Rev. Dckt. No. LC410094RT (11/28/97) [4-page document]

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