Landlord Calculated Fuel Cost Adjustment Incorrectly

Rent-controlled tenant objected to landlord's 2013 fuel cost adjustment report. The DRA ruled for tenant, finding that landlord was collecting $98.55 per month while the legal fuel cost adjustment was $96.15. Tenant therefore was being overcharged. Landlord appealed and lost. Landlord claimed that it filed its 2013 fuel report online, that the DHCR's Web site calculated the fuel cost adjustment as $98.55, and that the DRA's order didn't explain how $96.15 was calculated. But figures were entered on the fuel cost report by landlord, not the DHCR. The 2013 adjustment was $0.72 per room per month, the 1980-2013 collectible cumulative fuel cost adjustment was $32.05 per room per month, or $96.15 for tenant's three-room apartment.

Clinton Realty Properties, LLC: DHCR Adm. Rev. Docket No. BS120040RO (8/22/13) [2-pg. doc.]