Tenant Can't Change Long-Established DHCR Room Counts

Landlord filed a 2009 fuel cost adjustment report with the DHCR. In response, tenant claimed that landlord improperly listed the room count. The DRA ruled against tenant and granted landlord's application. Tenant appealed and lost. Tenant claimed that the number of rooms was 16, not 20 as stated by landlord. But since 2000, landlord had listed 20 rooms in each prior report. Since the room count was never challenged for the fuel cost reports for the prior nine years, the DHCR wouldn't change it now. A court decision also had ruled that the DHCR properly determined the room count for fuel cost purposes by reviewing prior fuel cost reports where, as here, the room count was long established.

Yakobchuk: DHCR Adm. Rev. Docket No. XF420079RT (10/27/09) [2-pg. doc.]