Fuel Cost Adjustment Suspended Based on Incomplete 2016 Filing
LVT Number: #27748
In 2016, the DHCR sent landlord a 20-day notice of commencement of proceeding to suspend 2016 fuel cost adjustments for two rent-controlled apartments in landlord's building and then revoked the FCAs after landlord didn't respond. Landlord appealed and lost. Because landlord didn't file a 2016 report of fuel-price decrease of $00.2530 per gallon, the DRA revoked the cumulative FCA for the calendar year and ordered that any FCA paid during that time be refunded or credited to tenants. After Dec. 31, 2016, the cumulative FCA would be restored prospectively minus $4.27 per room, per month, plus any FCA increase that landlord might be subject to after Jan. 1, 2017. While landlord claimed that it wasn't aware of the FCA procedure, it was landlord's duty to check the DHCR website in January 2016 to learn that electronic filing was mandatory for submitting a fuel report before April 1, 2016. And landlord didn't respond to the FCA suspension notice.
Aimco 322 East 61st Street LLC: DHCR Adm. Rev. Docket No. ET420033RO (4/24/17) [3-pg. doc.]