Tenant's Complaint Untimely

Tenant filed a fair market rent appeal. Tenant was the first rent-stabilized tenant of the apartment after decontrol. Tenant's initial lease stated that the legal regulated rent was $2,000. Landlord charged tenant a preferential rent of $1,400. Landlord claimed that tenant's complaint was untimely, and submitted proof of certified mailing of an RR-1 form to tenant more than 90 days before tenant filed her complaint. Landlord also argued that tenant's apartment was exempt from rent stabilization because the legal regulated rent was $2,000. The DRA dismissed the case. Tenant appealed, claiming that she never received the RR-1 form. The DHCR ruled against tenant. Even if tenant didn't get the RR-1 form, there was no overcharge. Based on comparability data, the fair market rent for tenant's apartment would have been $1,952. Since tenant was charged $1,400, the rent charged was lawful. And since the legal regulated rent charged was $2,000, tenant's apartment was exempt from rent stabilization.

Gill: DHCR Adm. Rev. Dckt. No. UC410075RT (6/29/06) [4-pg. doc.)