Landlord Incorrectly Calculated Amount

Rent-controlled tenant challenged landlord's 1993 fuel cost adjustment report. The DRA ruled for tenant, finding that the 1993 fuel cost adjustment (FCA) was $0.00, and the 1993 cumulative FCA was $1.22. Landlord appealed, claiming that the DRA's ruling was in error. The DHCR ruled for landlord in part. The DRA found that the 1993 FCA was $0.00 because landlord's report was filed late. But the DHCR's records showed that the report was filed on time, and that landlord should be granted an increase for that year. The DHCR recalculated the cumulative FCA, but found that landlord made several errors in calculating the FCAs for various years. So the 1993 cumulative FCA was $1.81 per room per month.

Bodrick: DHCR Adm. Rev. Dckt. No. HK220034RO (1/13/98) [2-page document]