STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
JED MANAGEMENT CORP.,
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On March 30, 1987 the above-named petitioner-owner, filed a
Petition for Administrative Review against an order of the Rent
Administrator issued March 17, 1987. The order concerned housing
accommodations known as Apartment 20 located at 72 Thompson
Street, New York, New York.
The Commissioner has reviewed the record and carefully considered
that portion relevant to the issues raised by this appeal.
The issue in this proceeding is whether the Administrator prop-
erly computed cumulative fuel cost adjustments from 1980 to
1984. The order appealed herein denied a tenant challenge of
landlord's failure to serve tenant with a copy of fuel cost
adjustment, stating that such a challenge can only be filed
within the year in which the landlord has failed to file and
cannot be retroactive. The order explained that fuel cost
adjustments are cumulative and that the total allowance from 1980
to 1984 is $4.56 per room per month.
On appeal the owner alleges, inter alia, that the cumulative
amount of $4.56 per room per month stated by the Administrator is
incorrect and instead the correct amount is $7.28 per room per
month as indicated in the notice to the tenants of the 1984 Fuel
cost adjustment. The $4.56 amount represented the 1983 pass
After careful review of the evidence in the record the Commis-
sioner is of the opinion that the petition should be granted.
The Division's records reveal that the petitioner's allegations
regarding the correct cumulative 1984 fu l adjustment are cor-
rect. The proper amount is:
$2.31 for 1980,
$2.72 for 1981,
$1.64 for 1982,
$1.14 for 1983,
($ .53) for 1984,
Cumulative Total of $7.28 per room per month.
The order of the Rent Administrator is hereby modified to reflect
The tenant may pay off arrears due and owing to the owner in
three (3) equal monthly installments.
THEREFORE, pursuant to the Rent and Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is, granted
and that the Rent Administrator's order be, and the same hereby
is, modified in accordance with this order and opinion.