Landlord Incorrectly Recalculated FCA

Rent-controlled tenant filed a challenge against landlord’s 2012 fuel cost adjustment (FCA) report, claiming that landlord reported an incorrect FCA. The DRA ruled for tenant, finding some miscalculation and an overcharge. Landlord appealed and lost. Landlord claimed that he used information received in DHCR FCA notices in setting tenant’s adjusted rent. Landlord filed a timely fuel report in February 2012 for tenant’s four-room apartment. The DHCR later realized that erroneous pricing data for properties using #4 and #6 oil was used and sent all landlords affected a special notice instructing landlords to file a corrected fuel report. Landlord then recalculated incorrectly, based on the cumulative FCA history. Tenant’s current cumulative FCA was $108.84, not $127.48 as charged. Therefore, tenant was overcharged.

Frank/171 Jordan Realty, LLC: DHCR Adm. Rev. Docket No. AS420005RO (7/31/12) [3-pg. doc.]