Landlord Didn't Discontinue Fuel Cost Surcharge

April 30, 1997

LVT Number: 11457

Tenant complained of a rent overcharge, claiming landlord improperly collected a fuel cost surcharge. The DRA ruled against tenant, and tenant appealed. The DHCR ruled for tenant. Rent Guideline 11a allowed landlord to collect a monthly $8 fuel-cost surcharge from Feb. 1, 1981, to Jan. 31, 1983. However, landlord continued to collect the $8 surcharge for three more years. This constituted a rent overcharge.

Tenant complained of a rent overcharge, claiming landlord improperly collected a fuel cost surcharge. The DRA ruled against tenant, and tenant appealed. The DHCR ruled for tenant. Rent Guideline 11a allowed landlord to collect a monthly $8 fuel-cost surcharge from Feb. 1, 1981, to Jan. 31, 1983. However, landlord continued to collect the $8 surcharge for three more years. This constituted a rent overcharge.

Wolinsky: DHCR Adm. Rev. Dckt. No. DC410072RT (11/29/96) [2-page document]

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