Tenant Can't Claim Overcharge in Fuel Passalong Challenge

Rent-controlled tenant filed an objection to landlord's application to the DRA for an increase in a fuel cost adjustment. Tenant claimed that any fuel cost adjustment should be deducted from rent overcharges that tenant claimed took place over a 17-year period. The DRA ruled against tenant. Tenant appealed and lost. Rent control regulations don't allow the DHCR to calculate any claimed overcharge for rent-controlled tenants. Tenant must start a court case to get a determination on the issue of rent overcharge.

Linehan: DHCR Adm. Rev. Dckt. No. OE420058RT (8/29/00) [3-pg. doc.]