Docket No. BA 620099-RO
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 620099-RO
NO. BC 001299-FR
Rickshaw Realty Corporation
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 13, 1987, the above-named owner filed a petition
for administrative review of an order issued on December 9, 1986
by a District Rent Administrator concerning various apartments
located at 1233 White Plains Road, Bronx, New York.
The issue in this proceeding is whether the Administrator was
warranted in suspending and revoking the total accumulated Fuel
Cost rent adjustment for 1984.
This proceeding was commenced by the District Rent
Administrator mailing to the landlord a "Notice of Commencement
of Proceeding to Suspend and Revoke Fuel Cost Adjustment (FCA)."
On December 9, 1986, the District Rent Administrator issued
an order of suspension and revocation of Fuel Cost adjustments
for 1984. The Administrator found that the owner who previously
obtained a fuel cost increase rent adjustment, failed to file a
timely report of fuel cost price decrease, within 60 days of
promulgation of the calculated decrease. The Administrator's
order revoked the total accumulated fuel cost rent adjustment,
effective January 1, 1984 through December 31, 1984.
The landlord's petition asserts that it purchased the subject
building on August 29, 1984; that the prior owner failed to file
for a fuel cost adjustment for the previous year; that the rent
agency issued an order issued on August 30, 1983, under Docket
No. 6RFC-137489, 3FC-350, 5RFC-134096 which revoked the fuel cost
rent adjustment, effective January 1, 1983 through December 31,
1983; that pursuant to the above-mentioned order the subject
landlord gave the subject tenants "the credit retroactive to
January 1, 1984 on a lump-sum on November 1984 rent bills;" that
in response to the February 5, 1986 "Notice of Commencement of
Proceeding" the landlord submitted an answer to the rent agency,
dated February 11, 1986, which asserted that the tenants were
given credit for the fuel cost increase, and the owner alleges
that the Administrator's order was incorrect as the tenants were
already given refunds for the fuel cost decreases. The landlord
Docket No. BA 620099-RO
further asserts that if the subject tenants are entitled to a
refund, then the prior landlord should be liable for it.
After careful consideration the Commissioner is of the
opinion that this petition should be denied.
The Commissioner notes that the landlord does not raise any
issues which would warrant the Administrator's order to be
modified or revoked.
The pertinent portion of the Administrator's order merely
pointed out that the landlord did not file a timely report of
fuel cost price decrease, and therefore, the landlord would not
be entitled to collect a fuel cost rent adjustment for the
appllicable time period, followed by a resumption of
collectibility in a reduced amount. The Commissioner further
notes that it is implied in the Administrator's order that if the
landlord's allegation, as stated in the petition, is true, then
the landlord would not have to refund any money to the tenant.
The Commissioner finds that the fact that this owner had
acquired the subject building in 1984 does not excuse it from
following the Administrator's determination, because a new
landlord steps into the shoes of the former landlord and
therefore, the petitioner is required to refund or credit any
fuel cost allowance increase paid by the subject tenants, as
noted in the Administrator's order.
Accordingly, the Commissioner finds that the Administrator's
order should be affirmed.
THEREFORE, in accordance with the City Rent and
Rehabilitation Law and the Rent and Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is,
denied, and that the Rent Administrator's order be, and the same
hereby is, affirmed.
Joseph A. D'Agosta
Acting Deputy Commissioner