Landlord Can't Collect 2006 Fuel Cost Adjustment

LVT Number: #19706

Rent-controlled tenant challenged landlord report of 2006 fuel cost adjustment. The DRA ruled against tenant, finding that the adjustment for that year was $27.56 per month. Tenant appealed and lost. The fuel cost adjustment was correct. But there was no rent increase as a result. The cumulative adjustment, reflecting changes in the yearly fuel cost adjustments calculated from 1980 through 2006, was -$8.32 per month. Because this amount was less than zero, landlord can't collect any rent increase from tenant.

Rent-controlled tenant challenged landlord report of 2006 fuel cost adjustment. The DRA ruled against tenant, finding that the adjustment for that year was $27.56 per month. Tenant appealed and lost. The fuel cost adjustment was correct. But there was no rent increase as a result. The cumulative adjustment, reflecting changes in the yearly fuel cost adjustments calculated from 1980 through 2006, was -$8.32 per month. Because this amount was less than zero, landlord can't collect any rent increase from tenant.

Hunter: DHCR Adm. Rev. Docket No. VB420002RT (4/6/07) [2-pg. doc.]

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