Landlord Had to Resubmit Report

LVT Number: 8809

The DRA suspended fuel cost adjustments for one year because landlord had previously gotten allowable increases and didn't file a subsequent fuel cost decrease report on time. Landlord appealed the DRA's finding, claiming that the report had been filed on time but that the DHCR sent it back because it was incomplete. Landlord resubmitted the completed forms within three weeks of the required date. The DHCR granted landlord the rent increase. The suspension ordered by the DRA was improper because landlord had substantially complied with the filing requirement.

The DRA suspended fuel cost adjustments for one year because landlord had previously gotten allowable increases and didn't file a subsequent fuel cost decrease report on time. Landlord appealed the DRA's finding, claiming that the report had been filed on time but that the DHCR sent it back because it was incomplete. Landlord resubmitted the completed forms within three weeks of the required date. The DHCR granted landlord the rent increase. The suspension ordered by the DRA was improper because landlord had substantially complied with the filing requirement.

Hilman: DHCR Adm. App. Dckt. No. DC 230456-RO (4/8/94) [2-page document]

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