Landlord Can Seek Fuel Cost Adjustments

Landlord sued to evict rent-controlled tenant for nonpayment of rent. Landlord claimed that tenant owed rent, fuel-cost adjustments, and washing-machine surcharges. Tenant claimed that landlord was barred from seeking eviction for nonpayment of the adjustments and surcharges. Tenant pointed out that in a prior case, the court ruled that landlord could get only a money judgment for these sums. The court ruled for tenant in part. The prior case didn't bar landlord from proceeding, because it concerned different amounts due. Landlord could seek fuel-cost adjustments in the nonpayment eviction case because they were part of the legally regulated rent. But the washing-machine surcharges weren't part of the legal rent. So landlord couldn't get a judgment of possession if tenant didn't pay those sums.

Garfunkel & Tauster Corp. v. Gulinazzo: NYLJ, 6/30/09, p. 27, col. 1 (Civ. Ct. NY; Lebovits, J)