Claims of Inadequate Heat/Hot Water Don't Affect Fuel Passalong

The DRA suspended all fuel cost adjustments for landlord's building for the year 1986. Landlord had obtained prior allowable fuel cost adjustments. The DRA found that landlord didn't file the required 1986 report of fuel cost decrease in time. Landlord appealed, claiming that the fuel cost report was filed on time. Landlord submitted postal receipts with his appeal. Several tenants claimed there was inadequate heat and hot water. The DHCR ruled for landlord. Landlord had proved that the reports were filed on time. And mere claims of inadequate heat or hot water can't affect the granting of a fuel cost adjustment. Only a rent reduction order for lack of heat or hot water in the prior 12 months prevents the granting of the fuel cost adjustment.

Arrathoon: DHCR Adm. Rev. Dckt. No. EA 530115 RO (1/20/95) [3-page document]