N.Y.C. Admin. Code tit. 26, ch. 3 § 26-407.1
Fuel pass-along to tenants under rent control prohibited (City Rent and Rehabilitation Law)
Operative Text
Notwithstanding any other provision of law, rule, regulation, charter or administrative code, tenants of housing accommodations which are subject to rent control under this chapter shall not be subject to a fuel adjustment or pass-along increase in rent and any such increase to such tenant shall be null and void. (2019 N.Y. Laws Ch. 36 Pt. H § 4, 6/14/2019, eff. 6/14/2019)
Section 26-407.1 of the New York City Administrative Code bars landlords from passing fuel cost increases through to tenants living in rent-controlled housing accommodations. Any rent increase that takes the form of a fuel adjustment or fuel pass-along charge is declared null and void under this provision, regardless of what other laws, rules, or regulations might otherwise seem to permit it. The rule applies specifically to housing accommodations subject to rent control under Chapter 26, and it has been in effect since June 14, 2019.
Plain English — not legal advice.
Under N.Y.C. Admin. Code § 26-407.1, operators of rent-controlled housing accommodations covered by Chapter 26 do not impose fuel adjustment charges or fuel pass-along increases on tenants, even if such charges might appear permissible under other regulatory frameworks. Compliant property managers absorb fuel cost fluctuations through other means rather than billing them to rent-controlled tenants as a separate line item or rent increase. Reviewing billing practices and lease terms to ensure no fuel surcharge is being assessed to rent-controlled units is a standard part of compliance with this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 26-407.1 gives tenants in rent-controlled housing accommodations a clear protection: any fuel adjustment or pass-along rent increase charged to them is legally null and void. Tenants who believe they have been charged such an increase may consider raising this provision as a defense in any rent-related proceeding or filing a complaint with the New York City Department of Housing Preservation and Development. Tenant-rights organizations familiar with New York City rent control can help explain what options are generally available under § 26-407.1.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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