BE 420118 RT
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. BE 420118 RT
: DRO DOCKET NO.ZBA-520042-RP
VARIOUS TENANTS OF 499 FT.
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 19, 1987, the above-named petitioner-tenants filed a
Petition for Administrative Review against an order issued on April
14, 1987, by the Rent Administrator, Gertz Plaza, Queens, New York,
concerning the housing accommodations known as 499 Ft. Washington
Avenue, New York, New York, Various Apartments.
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
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 Rent Administrator's order, appealed herein, pursuant to
an Order of Remand issued on December 6, 1986 under docket ARL
1998-U, revoked the Rent Administrator's order issued on February
11, 1985 under docket number UC 00355-FR84. The February 11, 1985
order had suspended all fuel cost adjustments for the period
January 1, 1984 - December 31, 1984.
The order appealed herein was based upon a finding that the
owner of the subject building had previously obtained allowable
fuel cost adjustments and had timely served and filed the
required report of fuel cost decrease by reason of a decrease in
the price of #6 fuel oil during the calendar year 1983.
On appeal, the tenants urge, in substance, that the order
suspending the fuel cost adjustments for 1984 should not have been
revoked and that the owner never refunded the fuel cost
adjustments for 1984 in compliance with the February 11, 1985
The Commissioner is of the opinion that this petition should
BE 420118 RT
Section 2202.13 of the Rent and Eviction Regulations for New
York City provides that where an owner has obtained fuel cost
adjustments and then there is a finding of fuel price decrease,
the owner must serve and file a report of fuel price decrease.
In January 1984, a finding was promulgated that the price of
#6 fuel oil had declined during 1983. Therefore, the subject
owner was required to file and serve fuel cost decrease reports on
or before March 26, 1984.
In the instant case, the record, including a date stamped
copy of the "Landlord's Report, Certification and NOtice of Fuel
Cost Adjustment Eligibility - 1984" reveals that said Report was
received by the DHCR on March 30, 1984 and mailed in by the owner
on March 26, 1984. In said Report, the owner affirmed that the
tenants were also served with a copy of the Report. The
Commissioner is of the opinion that this record constitutes
compliance with the requirements of Section 2202.13.
It is noted that in their petition, the tenants do not claim
that they were not served with a copy of the 1984 Report.
Moreover, copies of rent checks for 1984 submitted by one tenant
on appeal indicate that the owner did in fact reduce the fuel cost
adjustment in 1984 effective January 1, 1984 in accordance with
its filed Report of Fuel Cost Decrease. In addition, the fact
that the owner did not comply with the February 11, 1985 order
(now revoked) suspending the 1984 fuel cost adjustment is not a
basis to bar the revocation of such order.
The Commissioner is of the opinion that the Rent
Administrator correctly revoked the suspension of fuel cost
adjustments for the calendar year 1984.
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.
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