DHCR Needn't Notify Landlord of Deadline to File Report

The DRA suspended landlord's fuel cost adjustments for the year 2007. Landlord had previously obtained a fuel cost adjustment increase but failed to file a timely 2007 report of fuel price decrease. The DRA ordered landlord to refund any fuel cost adjustments paid during 2007 to tenants. Landlord appealed, arguing that the DHCR failed to inform landlord of the filing deadline for the fuel cost report. The DHCR ruled against landlord. There is no requirement under any law for the DHCR to send landlord notice of the filing deadline for the yearly fuel cost adjustment report. The rent control law requires the DHCR only to publish in the City Record the filing deadline and the yearly price changes for all types of heating fuels.

Lido Realty LLC: DHCR Adm. Rev. Docket No. VK220004RO (1/31/08) [4-pg. doc.]