No Excuse for Late Filing of Fuel Cost Decrease Report

The DRA suspended 2007 fuel cost adjustments to rent-controlled tenants in landlord's building. Landlord had previously obtained a fuel cost adjustment increase but failed to file a timely 2007 report of fuel price decrease. The DRA revoked the cumulative fuel cost adjustment for the year 2007, and ordered that any fuel cost adjustments paid during that period be refunded or credited to tenants. As of January 2008, the fuel cost adjustment would be restored prospectively, minus $2.87 per room, per month, to reflect the decrease effective on Jan. 1, 2007. Landlord appealed, claiming that it filed the 2007 fuel cost adjustment report late due to the illness of the president of its corporation, and that the late filing wasn't willful. The DHCR ruled against landlord. Landlord was required to file the report by April 6, 2007. Applicable Rent Control laws and regulations don't provide for any exceptions to the filing deadline requirements.

Almoros Realty Corporation: DHCR Adm. Rev. Docket No. VK120046RO (3/14/08) [2-pg. doc.]