Repeal of Fuel Cost Adjustments by HSTPA Is Effective as of June 14, 2019

Rent-controlled tenant complained of rent overcharge. The DRA ruled against tenant, based on a 2017 order deciding tenant's prior overcharge complaint. That DRA order calculated tenant's legal rent up to July 1, 2017, and there had been no adjustments to tenant's rent since then. Tenant had proved that she received SCRIE benefits. If she had questions concerning the portion of rent payable under the SCRIE program, she must address them to the SCRIE program.

Tenant appealed and lost. Although DHCR calculation of lawful rent-controlled rent allows cumulative calculation of the rent as far back as the apartment has existed, since there was a final prior DHCR order concerning tenant's rent, there was no basis to go back before 2017 to determine tenant's claim. And, even though tenant claimed fuel cost adjustment (FCA) charges, tenant didn't appeal the DHCR's separate ruling on landlord's FCA report in early 2019, and landlord didn't collect that increase anyway. FCAs were in any event repealed by the Housing Stability and Tenant Protection Act of 2019 (HSTPA), and landlord was advised to cease collection as of June 14, 2019. [Download PDF of decision here.]

Chang: DHCR Adm. Rev. Docket No. HV420003RT (11/25/19) [3-pg. doc.]