Any Error by Landlord in Room Count Was Harmless

The DRA granted landlord's 2011 application for a fuel cost adjustment (FCA), which tenant challenged. The DRA ruled against tenant, who appealed and lost. Tenant claimed that the FCA report contained an incorrect building room count. Tenant claimed that some apartments, as well as commercial space occupied by a school, had been renovated over the years and that the room count therefore was out of date. But landlord's FCA reports consistently listed the room count as 349 between 1980 and 2011. Any unreported change to the room count was a harmless error.

Penraat: DHCR Adm. Rev. Docket No. ZF420003RT (9/27/11) [2-pg. doc.]