Landlord Changed to #4 Oil

LVT Number: 8964

The DRA suspended all 1985 fuel cost adjustments because landlord hadn't filed the required fuel cost decrease report for #6 oil during 1984. Landlord appealed, arguing that he'd replaced the boiler/burner in late 1983 with a #4 oil burner, so he didn't use #6 fuel in 1984. The DHCR ruled for landlord. Its own records confirmed that landlord didn't use #6 oil in 1984, so he didn't have to file a fuel cost decrease report.

The DRA suspended all 1985 fuel cost adjustments because landlord hadn't filed the required fuel cost decrease report for #6 oil during 1984. Landlord appealed, arguing that he'd replaced the boiler/burner in late 1983 with a #4 oil burner, so he didn't use #6 fuel in 1984. The DHCR ruled for landlord. Its own records confirmed that landlord didn't use #6 oil in 1984, so he didn't have to file a fuel cost decrease report.

Theodosopoulos: DHCR Adm. Rev. Dckt. No. DC 130094-RO (7/8/94) [2-page document]

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