Landlord Can't Collect Fuel Cost Adjustment from Rent-Controlled Tenant

Rent-controlled tenant challenged landlord's report and certification of a fuel-cost adjustment (FCA). She claimed that there were a lot of errors in landlord's report. The DRA ruled against tenant, who appealed and lost. The DRA's ruling was correctly based on applicable law and regulations in effect at the time. Con Edison records for the period between December 2017 and March 2019 were consistent with landlord's fuel report, the cumulative calculation of various FCA orders from 1980 were final orders and couldn't be challenged, and the fuel report was mailed to tenant prior to the April 1, 2019, deadline to do so. So, the 2019 FCA was properly set for tenant at $63.87 per month. But the DHCR noted that the Housing Stability and Tenant Protection Act of 2019 (HSTPA) repealed fuel cost adjustments. So the DRA properly instructed landlord to cease collection of the fuel cost as of June 14, 2019. Any FCA monies collected from tenant after June 14, 2019, as an FCA surcharge must be refunded to tenant.

Chang: DHCR Adm. Rev. Docket No. HU420012RT (10/24/19) [2-pg. doc.]