DHCR Miscalculated Fuel Cost Adjustment

March 31, 2011

LVT Number: #23305

Rent-controlled tenant complained of a rent overcharge, disputing landlord's cumulative fuel cost adjustment (FCA). The DRA ruled for tenant and found that the cumulative 2009 FCA was $0.09 per room, per month. Landlord appealed and won. Landlord pointed out that the DRA hadn't considered all of the prior FCA reports on file regarding tenant's apartment. The DHCR recalculated and found that the cumulative 2009 FCA was $24.28 per room, per month.

Rent-controlled tenant complained of a rent overcharge, disputing landlord's cumulative fuel cost adjustment (FCA). The DRA ruled for tenant and found that the cumulative 2009 FCA was $0.09 per room, per month. Landlord appealed and won. Landlord pointed out that the DRA hadn't considered all of the prior FCA reports on file regarding tenant's apartment. The DHCR recalculated and found that the cumulative 2009 FCA was $24.28 per room, per month.

Kew Gardens Hills Apartments LLC: DHCR Adm. Rev. Docket No. YB120009RO (2/8/11) [3-pg. doc.]

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