Landlord Didn't File 2009 Fuel Cost Report

The DRA suspended all 2009 fuel cost adjustments for rent-controlled tenants at landlord's building based on landlord's failure to file a 2009 Fuel Cost Adjustment Report. Landlord appealed, and pointed out that she didn't collect the fuel cost increase. The DHCR ruled against landlord. It didn't matter whether landlord collected the increase. The issue was whether she filed the report and whether the DRA correctly ruled that any increase for 2009 was suspended.

Schechter: DHCR Adm. Rev. Docket No. XI220012RO (10/13/09) [2-pg. doc.]