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].

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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
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informational banner referencing TenantNet as the original provider.
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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

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