Landlord Uses Certified Mail Receipt to Prove Forms Filed

LVT Number: 10902

The DRA suspended all fuel cost adjustments in landlord's building for the year 1992 because landlord had previously gotten allowable fuel cost adjustments and didn't timely serve and file a report of fuel cost decrease for 1991. Landlord appealed, claiming he had filed the fuel cost decrease report on time. DHCR records showed that the report was received on May 4, 1992. Landlord's U.S. Post Office return receipt showed that the report was mailed on April 30, 1992. So it was filed on time.

The DRA suspended all fuel cost adjustments in landlord's building for the year 1992 because landlord had previously gotten allowable fuel cost adjustments and didn't timely serve and file a report of fuel cost decrease for 1991. Landlord appealed, claiming he had filed the fuel cost decrease report on time. DHCR records showed that the report was received on May 4, 1992. Landlord's U.S. Post Office return receipt showed that the report was mailed on April 30, 1992. So it was filed on time.

Salerno: DHCR Adm. Rev. Dckt. No. IA620095RO (8/29/96) [2-page document]

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