2016 Fuel Cost Adjustments Suspended Where Landlord Didn't File Application

January 26, 2018

LVT Number: #28186

In May 2016, the DRA issued a Notice of Commencement of Proceeding to Suspend Fuel Cost Adjustment 2016, stating that landlord hadn't filed a required fuel report by April 1, 2016, and that therefore the FCA would be suspended for 12 months unless landlord showed within 20 days that timely filing was made. Landlord didn't answer the DRA's Notice, and the DRA suspended all FCAs at the building for 2016. Landlord appealed and lost. Landlord claimed that it completed the required filings.

In May 2016, the DRA issued a Notice of Commencement of Proceeding to Suspend Fuel Cost Adjustment 2016, stating that landlord hadn't filed a required fuel report by April 1, 2016, and that therefore the FCA would be suspended for 12 months unless landlord showed within 20 days that timely filing was made. Landlord didn't answer the DRA's Notice, and the DRA suspended all FCAs at the building for 2016. Landlord appealed and lost. Landlord claimed that it completed the required filings. But landlord was required to check the DHCR's website in January 2016 and to complete mandatory electronic filing for the FCAs by April 1, 2016. Landlord didn't show any confirmation number of timely electronic filing, or any other proof of filing.

Aimco 88th Street, Second Avenue, LLC: DHCR Adm. Rev. Docket No. ET420032RO (11/1/17) [3-pg. doc.]

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