Landlord Proved Fuel Reports Sent to Tenants

The DRA issued a Fuel Cost Suspension Order in February 2004 based on landlord's failure to file a timely 2002 report of decrease in the price of fuel oil. Landlord appealed. With its PAR, landlord submitted proof of mailing of the 2002 report to tenants. Landlord said it had misplaced the proof of mailing until then. It also submitted a sworn statement from an employee that she mailed the reports, and two sworn statements from tenants stating that they had received them. The DHCR ruled for landlord and revoked suspension of the fuel cost adjustment.

Whitestone Realty Owners Corp.: DHCR Adm. Rev. Dckt. No. SC120008RO (10/8/04) [2-pg. doc.]