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STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO. CC 410199-RT
: DISTRICT RENT OFFICE
Roy Fisher, DOCKET NO. AL 410066-R
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 31, 1988, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
February 24, 1988, concerning the housing accommodations known as
41 West 72nd Street, New York, New York, Apartment No. 3D.
The herein appealed Order of the Rent Administrator dismissed the
tenant's Fair Market Rent Appeal which was filed November 14,
1986 due to the tenant's failure to challenge the initial legal
regulated rent within ninety (90) days from receipt of a DC-2
notice on February 7, 1984 and due to the tenant's failure to
challenge the April 1, 1984 registered rent within ninety days of
being served with a copy of the apartment registration form by
the owner in 1984.
The petitioner contends in substance that, among other things, he
cannot recall having actually received a copy of a DC-2 notice
from the owner upon signing such document on February 7, 1984 in
the landlord's office or anytime thereafter. The petitioner
further contends that, notwithstanding the above, inasmuch as the
owner failed to fully comply with the Rent Stabilization Law to
the extent that a DC-2 notice was served in person rather than
via certified mail return receipt, that such notice should be
deemed invalid.
The Commissioner is of the opinion that this petition should be
denied.
Section 2522.3 of the Rent Stabilization Code provides in
pertinent part that a tenant shall have 90 days after the owner's
mailing of an apartment registration form in which to file a fair
market rent appeal.
In the instant case the evidence of record discloses that the
owner duly registered the subject apartment with the DHCR in 1984
and that the tenant stated in his initial overcharge complaint
that he was served with a copy of the 1984 apartment registration
form. The record further reveals that the tenant did not file
his complaint questioning the fair market rent until November
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1986, well after the ninety day period had expired. Accordingly
the Rent Administrator properly dimissed the tenant's fair
market rent appeal.
The owner's earlier noncompliance concerning the manner of
service of the DC-2 Notice in February 1984 (absence of proof of
service by certified mail) does not serve as a basis for excusing
the tenant from the requirement to file a fair market rent appeal
within ninety days of the mailing of the apartment registration
form.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is,denied
and the District Rent Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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