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. AJ 110113 RT
: DRO DOCKET NO. 7MI 01460Q
PAT IACOBAZZO
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 10, 1986, the above-named petitioner-tenant filed
a Petition for Administrative Review against an order issued on
September 22, 1986, by the Director, MBR Unit, 91 Lawrence Street,
Brooklyn, New York, concerning the housing accommodations known as
34-16 41st Street, Queens, New York, Apt. 4E.
The Administrative Appeal is being determined pursuant to the
provisions of 9 NYCRR 2202.13
The issue herein is whether the Director's order was
warranted.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issue raised by the administrative appeal.
The Director's order, appealed herein, found that the
landlord was entitled to 1986-87 maximum base rent increases for
the rent controlled apartments in the subject premises effective
January 1, 1986. In a Notice of Increase in 1986-87 Maximum Base
REnt (N-26 Notice) sent to the tenant herein, the landlord listed
the total fuel cost adjustment as $18.08.
In this petition, the tenant alleges in substance that the
fuel cost adjustment is too high in that the 1985-86 winter was
very mild.
The Commissioner is of the opinion that this petition should
be denied.
The 1986-87 Maximum base rent order has no bearing on the
setting of the fuel cost adjustment of the subject apartment.
Since the tenant was questioning the amount of the fuel cost
adjustment, his proper remedy was to file a challenge to the
Landlord's Report of Fuel Cost Adjustment which he did not do.
However to clarify the matter for the tenant, the Commissioner
deems it appropriate to point out that the total fuel cost
adjustment listed on the 1986 N-26 Notice is cumulative from 1980
AJ 110113 RT
and the fact that the 1985-86 winter might have been very mild
would not affect the fuel cost adjustment from 1980 to 1985. It
is noted that the 1986 fuel cost adjustment taken by itself was
only $.07 per room per month. Accordingly, the Tenant's petition
must be denied.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations for New York City, it is
ORDERED, that this petition for administrative review be, and
the same hereby is, denied, and, that the order of the Director,
MBR Unit, be, and the same hereby is, affirmed.
ISSUED
ELLIOT SANDER
Deputy Commissioner
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ADMINISTRATIVE REVIEW BUREAU
COVERING MEMORANDUM
ARB Docket No.: AJ 110113 RT
DRO Docket No: 7 MI 01460Q
Tenant(s): Pat Iacobazzo
Owner: Larje Associates
Code Section: 2202.13 of Rent and Eviction Regulations
Premises: 34-16 41st Street, Queens, New York, Apt. 4E
Order and Opinion Denying Petition
Petition denied on basis tenant's appeal that amount of fuel
cost adjustment was too high had nothing to do with MBR order
appealed.
APPROVED:
Processing Attorney:
Supervising Attorney:
Bureau Chief:
Deputy Commissioner:
Mailed copies of Order and Determination to:
Tenant(s)
Owner
Tenant's Atty
Owner's Atty
Date: : by
signature
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