AK 220281 RO
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.: AK 220281 RO
ANNA SICA,
DRO DOCKET NO.: ZKC 00337 FR84
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On November 28, 1986, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
November 20, 1986 by the Rent Administrator, 92-31 Union Hall
Street, Jamaica, New York, concerning the housing accommodations
known as 1981 West 11th Street, Brooklyn, New York wherein the
Administrator suspended all fuel cost adjustments for the period
January 1, 1984 to December 31, 1984.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant
to the issues raised by the administrative appeal.
The order appealed from was based on the finding that the owner
had previously obtained allowable fuel adjustments and failed to
timely serve and file the required report of fuel cost decease by
reason of a decrease in the price of #2 fuel oil during the
calendar year 1984.
On appeal, the owner argues that the order of suspension of fuel
adjustment was issued in error as the original fuel decrease
forms, which provided for a greater rent reduction than required,
were timely filed. The owner encloses with the petition a copy
of Landlord's Report Certification and Notice of Fuel Cost
Adjustment Eligibility-1984 stamped as original received on March
14, 1984 by the Brooklyn Rent Office.
Although afforded the opportunity to do so, no tenant filed an
answer to the petition.
After careful consideration of the entire evidence of record, the
Commissioner is of the opinion that the administrative appeal
should be granted.
Section 2202.13 of the Rent and Eviction Regulations provides
that where a landlord has obtained fuel cost adjustments and then
there is a finding of a fuel price decrease within 60 days of the
AK 220281 RO
promulgation of the finding on fuel prices, the landlord must
serve and file a report of fuel price decrease.
In January 1984 a finding was promulgated that the price of fuel
oil had declined during 1983. Therefore the subject landlord was
required to serve and file fuel cost decrease reports on or
before March 26, 1984.
The owner is this case has adequately established that a
"Landlord's Report Certification and Notice of Fuel Cost
Adjustment Eligibility-1985" was served on the tenants and the
District Rent Office before March 26, 1984 as evidenced by the
March 14, 1984 date stamp on the submitted document. No tenant
has asserted that he or she did not receive the report the owner
claims it served in a timely manner.
The Commissioner is of the opinion that the Rent Administrator
incorrectly suspended fuel cost adjustments for the calendar year
1984.
The tenants may pay any arrears due as a result of this order in
twelve equal payments.
THEREFORE, in accordance with the applicable provisions of the
Rent and Eviction Regulations for New York City, it is
ORDERED, that this administrative appeal be, and the same hereby
is, granted and that the order of the Rent Administrator be, and
the same hereby is, revoked.
ISSUED:
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ELLIOT SANDER
Deputy Commissioner
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