Outstanding Rent Reduction Order

Tenants filed a challenge to landlord's 1990 fuel cost report. Tenants pointed out that there was a DHCR order in effect finding that landlord hadn't maintained essential services, and that landlord falsely certified in its fuel cost report that all essential services were being maintained. The DRA ruled for tenants, and landlord appealed. The DHCR then sent the case back for reconsideration. The DRA then ruled that landlord was barred from collecting any fuel cost increases from Jan. 1, 1990, through June 30, 2003. The DRA also ordered landlord to refund any fuel cost increases collected during this period. Landlord appealed. The DHCR ruled for landlord in part. The DRA's second order put landlord in a position that was worse than in the first order. The DHCR reinstated the DRA's first order. Landlord was barred from collecting only the 1990 fuel cost adjustment from the five tenants who filed the original complaint.

Goldman Family Company: DHCR Adm. Rev. Dckt. No. TA420049RO (5/12/05) [5-pg. doc.]