Landlord Didn't File Notice of Fuel Price Decrease

January 1, 2008

LVT Number: #20115

The DRA suspended all fuel cost adjustments for 2004 after finding that landlord had previously obtained a fuel cost increase but failed to file a timely 2004 report of a fuel price decrease. The DRA further ordered that landlord refund any fuel cost adjustments paid by rent-controlled tenants during 2004. After Dec. 31, 2004, the increase would be restored, minus $2.28 per room per month, which reflected the decrease effective Jan. 1, 2004. Landlord appealed, claiming that it had done all the proper filings and reduced tenant's fuel cost increases. The DHCR ruled against landlord.

The DRA suspended all fuel cost adjustments for 2004 after finding that landlord had previously obtained a fuel cost increase but failed to file a timely 2004 report of a fuel price decrease. The DRA further ordered that landlord refund any fuel cost adjustments paid by rent-controlled tenants during 2004. After Dec. 31, 2004, the increase would be restored, minus $2.28 per room per month, which reflected the decrease effective Jan. 1, 2004. Landlord appealed, claiming that it had done all the proper filings and reduced tenant's fuel cost increases. The DHCR ruled against landlord. Landlord didn't mail the 2004 report of fuel price decrease by the May 1, 2004, deadline. If landlord didn't collect any fuel cost adjustment for the year in question, then it didn't have to refund any money to tenants.

Ben Celaj/Chiechi Realty Corp.: DHCR Adm. Rev. Docket No. VB620020RO (9/27/07) [2-pg. doc.]

Downloads

VB620020-RO.pdf195.9 KB

Topics

More like this