Tenant Didn't File Challenge on Time

April 30, 1997

LVT Number: 11430

Tenant challenged landlord's report and certification of fuel cost adjustment eligibility. The DRA ruled against tenant because her challenge was untimely. Tenant appealed and lost. Tenant claimed in her PAR that landlord filed late and didn't give her the forms until November 1988. But landlord showed proof of mailing to the DHCR on Aug. 24, 1988, and tenant admitted that she received the fuel cost report in early September. Tenant didn't file her challenge until late October, beyond the 33-day time limit under the rent control law.

Tenant challenged landlord's report and certification of fuel cost adjustment eligibility. The DRA ruled against tenant because her challenge was untimely. Tenant appealed and lost. Tenant claimed in her PAR that landlord filed late and didn't give her the forms until November 1988. But landlord showed proof of mailing to the DHCR on Aug. 24, 1988, and tenant admitted that she received the fuel cost report in early September. Tenant didn't file her challenge until late October, beyond the 33-day time limit under the rent control law.

Harris: DHCR Adm. Rev. Dckt. No. FI220089RT (1/2/97) [2-page document]

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