DHCR FACT SHEET #13 Division of Housing and Community Renewal FUEL COST ADJUSTMENT The NYC Rent Control Law allows separate rent adjustments based on the changes, up or down, in the price of various types of heating fuels. The rent adjustment will be based on fuel price changes between the beginning and end of the prior year. Only tenants in rent controlled apartments located in NYC are subject to this FUEL COST ADJUSTMENT. Owners must certify that they are maintaining essential services. If there is a rent reduction order in effect for the owner's failure to provide heat and hot water, all collection of FUEL COST ADJUSTMENTS are suspended during the time of the reduction and for 12 months following the date of a restoration order. Buildings that have not qualified for Maximum Base Rent increases can be eligible for FUEL COST ADJUSTMENTS. To obtain the rent increase, the owner must complete, certify, and serve upon each eligible tenant within 60 days after DHCR releases the fuel consumption and price change standards, the OWNER'S REPORT, CERTIFICATION, AND NOTICE Of FUEL COST ADJUSTMENT ELIGIBILITY [DHCR form RA-33.10]. Owners must also file a master copy of the Report together with Schedule A. where applicable, and a Schedule of Monthly Rent Increases for all the rent controlled tenants served with copies of the Fuel Cost Adjustment Report. FUEL COST ADJUSTMENTS are retroactive to January 1st of each year provided the owner files the Report within 60 days after DHCR releases the fuel consumption and price change standards. For Reports filed with DHCR after the 60 day period, the increase is prospective. Where an owner obtained one or more fuel cost increases previously and the cost of fuel decreases, the owner must file a timely report or the entire fuel cost adjustment will be suspended for that period. The annual FUEL COST ADJUSTMENTS, upward or downward, are cumulative. Decreases in fuel costs can cancel out previous increases but cannot result in a FCA of less than zero. If the tenant believes that the owner's request for the fuel cost rent increase is inaccurate or unjustified, the tenant can challenge the increase. The tenant should first contact the owner and attempt to resolve the disagreement. If differences remain, the tenant has 33 days after receipt of the owner's Report to file the TENANT'S CHALLENGE TO OWNER'S REPORT AND CERTIFICATION OF FUEL COST ADJUSTMENT AND ELIGIBILITY (FCA) [DHCR form RAC- 2202.13]. ------------------------------------------------------------ DHCR Fact Sheets (series of thirty) are issued by the New York State Division of Housing and Community Renewal (DHCR) as plain- english informational publications. For official agency policies, see DHCR Policy Statements, Advisory Opinions and Operational Bulletins. Also refer to the Rent Stabilization Code, the Rent Stabilization Law and various Rent Control Statutes. Electronic versions of these documents on TenantNet are for informational purposes only and there is no guarantee they will be accepted by any court (or even DHCR) as true copies of DHCR policy. The reader may obtain true copies of these documents from DHCR. Every attempt has been made to conform to the original Fact Sheets as issued by DHCR; TenantNet makes no representation the enclosed material is current or will be applied as written. The reader is advised that DHCR often fails to properly apply, interpret or enforce housing laws. Since housing laws are complex and often contradictory, it is recommended the reader obtain competent legal advice from a tenant attorney or counseling from a tenant association or community group. (rev. 3/13/96) DHCR documents are public documents; the electronic version of such documents have been developed by TenantNet and any added value, enhancements and/or proprietary features are copyright 1994, 1995 and 1996 by TenantNet. These documents may be freely distributed provided they remain intact as herein presented, including this and the top informational banner referencing TenantNet as the original provider. ------------------------------------------------------------ For more information or assistance, call the DHCR Rent Infoline at (718) 739-6400, or visit your Borough Rent Office. Queens Central Office 92-31 Union Hall St. 4th Fl. Jamaica, NY 11433 (718) 739-6400 Bronx One Fordham Plaza Bronx, NY 10458 (718) 563-5678 Brooklyn 250 Schermerhorn St. 3rd Floor Brooklyn, NY 11201 (718) 780-9246 Lower Manhattan 156 William Street 9th Floor NY, NY 10038 (212) 240-6011, 6012 South side of 110th St. and below Upper Manhattan 163 W. 125th St. 5th Floor NY, NY 10027 (212) 961-8930 North side of 110th St. and above Staten Island 350 St. Mark's Place Room 105 Staten island, NY 10301 (718) 816-0277 Nassau County District Rent Office 50 Clinton Street, 6th Floor Hempstead, NY 11550 (516) 481-9494 Westchester County District Rent Office 55 Church Street, 3rd Floor White Plains, NY 10601 (914) 948-4434 Rockland County District Rent Office 94-96 North Main St. Spring Valley, NY 10977 (914) 425-6575 Albany Regional Office 119 Washington Avenue Albany, NY 12210 (518) 432-0596 Buffalo Regional Office Ellicot Square Building 295 Main St., Room 438 Buffalo, NY 14203 (716) 856-1382 ------------------------------------------------------------