Fuel Surcharge Not Part of Base Rent

April 1, 1997

LVT Number: 11385

Tenant complained of a rent overcharge. The DRA ruled for tenant and found a total overcharge of $470. Landlord appealed, claiming that the 1980 base rent was $285, not a lower amount used by the DRA. The DHCR ruled against landlord. Landlord's calculation included a 2 percent fuel surcharge in the rent in effect on the base date. However, the fuel surcharge wasn't part of the base rent and was properly excluded from calculation of the new lawful rent set in 1980.

Tenant complained of a rent overcharge. The DRA ruled for tenant and found a total overcharge of $470. Landlord appealed, claiming that the 1980 base rent was $285, not a lower amount used by the DRA. The DHCR ruled against landlord. Landlord's calculation included a 2 percent fuel surcharge in the rent in effect on the base date. However, the fuel surcharge wasn't part of the base rent and was properly excluded from calculation of the new lawful rent set in 1980.

Janoff & Olshan: DHCR Adm. Rev. Dckt. No. CI410015RO (11/15/96) [2-page document]

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