Docket No. AI210064RT
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO. AI210064RT
DISTRICT RENT
Liduvina Fernandez, ADMINISTRATOR'S DOCKET
NO. KC000030F
PETITIONER
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ORDER AND OPINION TERMINATING PROCEEDING
On September 26, 1986, the above-named tenant filed a petition
for administrative review of an order issued on August 25, 1986 by
a Rent Administrator concerning the housing accommodation known as
Apartment 4L, 640 Eastern Parkway, Brooklyn, New York.
The subject tenant's petition asserts, among other things, that
the subject apartment contains five rooms for the purpose of
calculating fuel cost adjustments; that the landlord incorrectly
listed the subject apartment as containing six rooms in the fuel
cost adjustment eligibility report; that the subject landlord
incorrectly listed the subject apartment's maximum rent in his fuel
cost adjustment eligibility report; that the landlord has failed to
indicate his gas vendor and to indicate whether the premises have
an "Interruptible Gas Heating System," and that the subject
landlord incorrectly lists the fuel cost adjustments in his report.
The Commissioner notes that the Administrator issued a
subsequent order on January 26, 1989 under Docket No. AF220025F
which determined that for purposes of calculating fuel cost
adjustments the subject apartment contains five rooms. The above-
mentioned order stated that: "Any excess increase paid by the
tenant as a result of the owner's Fuel Cost Adjustment Report shall
be refunded to the tenant or credited to the tenant in full
commencing with the rental payment immediately following the
issuance of this order.
The Commissioner is of the opinion that the relevant issues
raised in the tenant's petition have been resolved in the
subsequent order of the Rent Administrator issued under Docket No.
Docket No. AI210064RT
AF220025F.
Accordingly, the Commissioner is of the opinion that the
instant proceeding should be terminated as moot.
The Commissioner points out that in the subject landlord's fuel
cost eligibility report he noted that his gas vendor is Brooklyn
Union Gas, and that the subject premises does not have an
"Interruptible Gas."
The Commissioner notes that if the subject landlord is
collecting an excessive fuel cost adjustment or maximum rent, the
tenant's remedy is to file an update request with the rent agency
for a determination of the tenant's rent, or the tenant may seek
relief in a court of competent jurisdiction.
THEREFORE, in accordance with the City Rent and Rehabilitation
Law and the Rent and Eviction Regulations, it is
ORDERED, that this proceeding be, and the same hereby is,
terminated.
ISSUED:
Joseph A. D'Agosta
Deputy Commissioner
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