Landlord Proved Forms Were Filed on Time

The DRA suspended fuel cost adjustments for 2002 based on landlord's failure to file a 2002 report of fuel price decrease on time. The DRA revoked the cumulative fuel cost adjustment for the year 2002 and ordered a refund or credit to tenants of any fuel cost adjustments paid. Landlord appealed, claiming that it had filed the 2002 report on time. The DHCR ruled for landlord. Landlord's fuel cost report was due on or before May 1, 2002. Landlord showed proof of mailing of the report forms to tenants on April 16, 2002. And landlord had obtained a date-stamped copy of the form filed by hand delivery with the DHCR on April 17, 2002.

Regency Gardens Co.: DHCR Adm. Rev. Dckt. No. TA120010RP (2/9/05) [3-pg. doc.]