Harassment Finding Never Removed

Landlord filed a 2003 fuel cost report with the DRA. Rent-controlled tenant objected to any fuel cost adjustment and showed that the DHCR denied landlord's 2002 fuel cost adjustment. This was because of an outstanding finding of harassment against the building. The DRA revoked the fuel cost adjustment for 2003, and landlord appealed. The DHCR ruled against landlord. The DHCR ruled in 1995 that landlord had harassed certain tenants in the building. The finding of harassment was still in effect. Until landlord sought and obtained removal of the harassment order, he couldn't collect the fuel cost adjustments. It didn't matter whether complaining tenant was one of the tenants who was named in the harassment finding.

Mauro: DHCR Adm. Rev. Dckt. No. RL420003RO (2/3/04) [3-pg. doc.]