Landlord Proved Amount of Fuel Delivered

Tenant challenged landlord's report of fuel cost adjustment for 2004. The DRA ruled for tenant based on finding that the amount of fuel delivered for the year in question didn't agree with the amount claimed by landlord. Landlord appealed. Landlord's report stated that 20,631 gallons of oil were delivered to the building in 2003. In response to the DRA's request, landlord submitted proof showing that over 24,000 gallons were delivered. The DHCR ruled for landlord. This difference was a harmless error, since landlord proved that at least the amount claimed in its report was delivered.

Hop Hing Realty Corp.: DHCR Adm. Rev. Dckt. No. SL420042RO (4/22/05) [3-pg. doc.]