Date-Stamped Receipt Proves Form Filed on Time

The DRA suspended all fuel cost adjustment for landlord's building for the year 1987. The DRA found that landlord had previously obtained allowable fuel cost adjustments, but didn't timely file in 1987 the required report of fuel cost adjustment showing decrease in the price of #2 oil during 1986. Landlord appealed, claiming that it had timely served and filed the 1987 report. The DHCR ruled for landlord. Landlord was required to file the fuel price decrease report within 60 days of issuance of the finding on fuel price. Landlord's date-stamped return receipt for the report showed that the report was filed on time with the DRA.

Brick Mgt. Corp.: DHCR Adm. Rev. Dckt. No. EH430288RO (2/22/95) [2-page document]