Landlord Used Wrong Maximum Consumption Standard

Rent-controlled tenant complained that landlord collected an excessive fuel cost adjustment. The DRA ruled for tenant. Landlord appealed and lost. Landlord made several mistakes in calculating the fuel cost adjustment over a few years. The permissible rent increase amount is based on a maximum consumption standard, but landlord mistakenly used the one for oil when, in fact, landlord used gas. Using the correct consumption standard resulted in a lower fuel cost adjustment.

Podpirka: DHCR Admin. Rev. Dckt. No. PL220038RO (1/22/02) [3-pg. doc.]