Room Count Rules Differ for MBRs, MCIs, and Fuel Cost Adjustments

Tenant challenged landlord's 2006 fuel cost adjustment report. The report stated that tenant had a four-room apartment. Tenant claimed that her apartment contained only two rooms. The DRA ruled against tenant. Tenant appealed, pointing out that in a different case, the DHCR had ruled that tenant's apartment contained three rooms. The DHCR ruled against tenant. In a 1984 order and two other prior orders, the DHCR ruled that tenant's apartment had four rooms for fuel cost adjustment purposes. Tenant never appealed any of these three prior orders. The order tenant relied on was issued in connection with MBR increases. The definition of a "room" for purposes of MBRs, and for purposes of MCI increases, wasn't identical to the room definition for fuel cost adjustment purposes.

Widmann: DHCR Adm. Rev. Docket No. VE420036RT (7/24/07) [2-pg. doc.]