Nontenant Can't Object to Fuel Cost Adjustment

LVT Number: #22355

Landlord filed a Fuel Cost Report for 2009, and the DRA issued fuel cost adjustments for rent-controlled tenants in the building. Occupant of one apartment appealed. Landlord pointed out that the occupant wasn't a rent-controlled tenant. Although he had claimed succession rights, the housing court had already ruled that he had no rights to the apartment. The DHCR dismissed the PAR. Since complainant wasn't a rent-controlled tenant, he had no standing to challenge the fuel cost adjustment.

Landlord filed a Fuel Cost Report for 2009, and the DRA issued fuel cost adjustments for rent-controlled tenants in the building. Occupant of one apartment appealed. Landlord pointed out that the occupant wasn't a rent-controlled tenant. Although he had claimed succession rights, the housing court had already ruled that he had no rights to the apartment. The DHCR dismissed the PAR. Since complainant wasn't a rent-controlled tenant, he had no standing to challenge the fuel cost adjustment.

Church: DHCR Adm. Rev. Docket No. XH420014RT (10/8/09) [2-pg. doc.]

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