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.: BA 530361-RO
DRO DOCKET NO.: 27 ADFC-004
ADDS REALTY CO.
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 16, 1987 the above named petitioner-owner filed a petition for
administrative review against an order issued on December 16, 1986 by an
Administrator concerning the housing accommodation known as Apartments 22B
and 52B, 541 West 211th Street, New York, NY wherein the Administrator
determined that the correct cumulative fuel adjustment, effective January
1, 1984, is $4.51 per room per month.
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 record indicates that on May 7, 1984, two tenants in the subject
building filed a challenge to the Landlord's 1984 Report and Certification
of Fuel Cost Adjustment and Eligibility in which they asserted that the
cumulative amount was incorrectly stated because the 1982 adjustment had
been suspended resulting in a negative amount whereas the owner had
indicated "O" for that year.
The Rent Administrator issued an order modifying the amount reported by
the landlord to $4.51 per room per month.
In the petition, the landlord contends that the correct amount should be
$5.01 per room per month.
The tenants answer and again assert that the landlord's computations
failed to reflect the decrease of $.50 per room per month resulting from
the suspension of the 1982 adjustment.
After careful consideration, the Commissioner is of the opinion that the
landlord's petition should be denied.
DOCKET NUMBER: BA 530361-RO
The Division's records reveal that the landlord was eligible to collect
the following amounts per room per month for fuel cost adjustments.
The landlord has misinterpreted the proper manner for computing the
cumulative adjustment. When the adjustment is revoked for a particular
year or a report is not filed in a year when the price of fuel used
increased, then the appropriate amount to enter for that year is zero.
However, if the adjustment is suspended because there was a decrease in
price and no report was filed, then the reduced amount stated in the
suspension order must be entered for that year.
THEREFORE, in accordance with the Rent and Eviction Regulations for New
York City, it is
ORDERED, that this petition be and the same hereby is denied and the
Administrator's order be and the same hereby is affirmed.