Landlord Must File Even If Tenants Waive Decrease

LVT Number: 7000

The DRA suspended landlord's 1985 fuel cost adjustments. Landlord had previously obtained allowable fuel cost adjustments, but didn't serve and file the required report of fuel cost decrease on time. Landlord appealed, arguing that the two tenants involved had agreed to waive the fuel cost adjustment decrease. The DHCR stated that the fact that tenants voluntarily waived the decrease didn't excuse landlord from filing. Landlord's PAR was dismissed.

The DRA suspended landlord's 1985 fuel cost adjustments. Landlord had previously obtained allowable fuel cost adjustments, but didn't serve and file the required report of fuel cost decrease on time. Landlord appealed, arguing that the two tenants involved had agreed to waive the fuel cost adjustment decrease. The DHCR stated that the fact that tenants voluntarily waived the decrease didn't excuse landlord from filing. Landlord's PAR was dismissed.

Bevilacpna: DHCR Adm. Rev. Dckt. No. CH 130254-RO (3/31/93) [2-page document]

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