Late Filing Rejected

April 1, 1997

LVT Number: 11350

The DRA suspended all fuel costs adjustments for landlord's building for 1993 because landlord had previously gotten allowable fuel cost adjustments and didn't file a report of 1992 fuel cost decrease on time. Landlord appealed, claiming she thought the filing deadline for the 1992 report was May 31, 1993, and when she found out it was May 10, she immediately filed on May 11. The DHCR ruled against landlord. Although the DHCR had accepted late filings in prior years, it stopped this practice because late filings are not allowed by law.

The DRA suspended all fuel costs adjustments for landlord's building for 1993 because landlord had previously gotten allowable fuel cost adjustments and didn't file a report of 1992 fuel cost decrease on time. Landlord appealed, claiming she thought the filing deadline for the 1992 report was May 31, 1993, and when she found out it was May 10, she immediately filed on May 11. The DHCR ruled against landlord. Although the DHCR had accepted late filings in prior years, it stopped this practice because late filings are not allowed by law. The DHCR also issued clear instructions to owners to file fuel cost adjustments reports within 60 days of issuance of the DHCR's report of fuel oil price declines.

Hetherington: DHCR Adm. Rev. Dckt. No. JC120342RO (12/3/96) [2-page document]

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