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.:
DISTRICT RENT ORDER
PETITIONER BC 001568-FR 84
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE APPEAL
On April 7, 1987, the above-named petitioner-owner filed a Peti-
tion for Administrative Review against an order issued by the
Rent Administrator on March 17, 1987. The order concerned housing
accommodations located at 2406 Lorillard Place, Bronx, 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 Fuel Cost Adjustments
should have been suspended for the calendar year 1984.
The District Rent Administrator's order appealed herein,
suspended all fuel cost adjustments for the period January 1,
1984 - December 31, 1984.
This order was based on a finding that the landlord of the
subject building had previously obtained allowable fuel cost
adjustments and failed to timely file in 1984 the required
report of fuel cost decrease by reason of a decrease in the price
of gas during the calendar year 1983.
On appeal the owner states that it mistakenly responded to the
Notice to Suspend or Revoke the 1984 Adjustment with information
regarding the 1986 adjustment. The owner states that the tenants
did in fact, receive the 1984 decrease. Attached to the petition
is a signed statement from 7 of 9 rent controlled tenants
attesting to the fact that they did receive the decrease in early
March 1984. Petitioner states that attempts were made to contact
the other two tenants but that these tenants were not available.
The tenants did not file a response.
After a careful consideration of the evidence of record the Com-
missioner is of the opinion that the appeal should be granted.
Under the provisions of 9 NYCRR 2202.13 where a landlord has ob-
tained fuel cost adjustments and then there is a finding of fuel
price decrease, within 60 days of the promulgation of the finding
on fuel price, the landlord must serve and file a report of fuel
In January, 1984 a finding was promulgated that the price of gas
had declined during 1983. Therefore, the subject landlord was
required to file and serve fuel cost decrease reports on or
before March 26, 1984.
The record reveals that the required reports were served on the
tenants on March 5, 1984. The Commissioner is of the opinion
that this record constitutes substantial compliance with the
requirements of 9 NYCRR 2202.12, as the tenants, the intended
beneficiaries of this provision of the Regulations, received
adequate notice of the decrease in the monthly collectible fuel
cost adjustment. Therefore, the Commissioner finds that the fuel
cost adjustments should not have been suspended for the calendar
The tenants may pay any arrears in rent arising as a result of
this order in twelve (12) equal monthly payments.
THEREFORE, pursuant to the Rent and Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is, granted;
that the Rent Administrator's order be, and the same hereby is,
revoked; and that the monthly cumulative fuel cost adjustment for
the subject building as of January 1, 1984 is reinstated in the
amount of $4.81 per room, per month.