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. BE 410422 RO
: DRO DOCKET NO. ZLC-OOO115-
BRITTON REALTY CO. F/85
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 14, 1987, the above-named petitioner-landlord filed a
Petition for Administrative Review against an order issued on April
10, 1987, by the Rent Administrator, Gertz Plaza, Queens, New York,
concerning the housing accommodations known as 141 East 56th Street,
New York, New York, Apartment No. 4D, wherein the
Rent Administrator determined that in connection with the tenant's
challenge, rent records indicate that the cumulative fuel
adjustment for 1985 was $0.00.
The Administrative Appeal is being determined pursuant to the
provisions of Section 2202.13 of the Rent and Eviction Regulations
for New York City.
The issue herein is whether the Rent Administrator'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.
In this petition, the landlord alleges in substance that the
finding that the cumulative fuel cost adjustment for 1985 was
$0.00 is incorrect since the landlord is currently challenging
that assertion under petition docket number AL 420238 RO.
Therefore the landlord is filing the instant petition to preserve
its rights to any fuel cost adjustment based upon a favorable
determination of the above-referenced petition.
The Commissioner is of the opinion that this petition should
be denied.
The petition referred to by the landlord, docket Number AL
420238 RO, was denied on February 24, 1988, on the basis that the
landlord had filed an application to obtain 1980 and 1981 fuel
cost adjustments a year and a half after the Rent Administrator
had revoked 1980 and 1981 fuel cost adjustments and the landlord
had not filed timely petitions against the revocations of the 1980
BE 410422 RO
and 1981 fuel cost adjustments.
In the instant case, the landlord was also not entitled to
fuel cost adjustments for the years subsequent to 1981 up to and
including 1985 since during this time the landlord filed reports
of fuel cost decrease because the price of its fuel oil had gone
down. Accordingly, the Rent Administrator properly found a
cumulative fuel adjustment of $0.00 for 1985.
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 Rent
Administrator be, and the same hereby is, affirmed.
ISSUED
ELLIOT SANDER
Deputy Commissioner
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ADMINISTRATIVE REVIEW BUREAU
COVERING MEMORANDUM
ARB Docket No.: BE 410422 RO
DRO Docket No/Order No.: ZLC-000115-F/85
Tenant(s): Joyce Jurnavy
Owner: Britton Realty Co.
Code Section: 2202.13 of the Rent and Eviction Regulations
Premises: 141 East 56th Street, New York, New York, Apt. 4D
Order and Opinion Denying Petition
Petition denied on basis Rent Administrator correctly
determined cumulative 1985 fuel adjustment was $0.00.
APPROVED:
Processing Attorney:
Supervising Attorney:
Director:
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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