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.
PETITIONER KC 850968-FR
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 21, 1987, the above-named owner filed a petition for
administrative review of an order issued on November 23, 1987 by
a Rent Administrator concerning the housing accommodation known
as Apartment 5, 228 Norman Avenue, Brooklyn, New York.
On November 23, 1987, the Rent Administrator mailed to the
landlord an "Order Of Suspension of Fuel Cost Adjustment (FCA)
1985". The order stated:
After consideration of the entire record in
this matter, the District Rent Administrator
or Director of Processing finds 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 promulgati n of the calcu-
lated decrease, and to reduce the rent
accordingly as required by Section 2202.13(e)
of the Rent & Eviction Regulations.
Therefore, it is ordered that the total
accumulated fuel cost rent adjustment be,
and the same hereby is suspended and revoked,
effective January 1, 1985, for 12 months up
to and including December 31, 1985 . . . Any
FCA increase paid by the tenant commencing
January 1, 1985 to December 31, 1985 inclu-
sive, shall be refunded to the tenant or
credited to the tenant in full, commencing
with the rental payment immediately following
the date of issuance of this order . . .
The owner's petition asserts that he did not collect any money
for a fuel cost rent adjustment for 1985, 1986, and 1987.
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 o be mod-
fied 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 landlo d would not be en-
titled to collect a fuel cost rent adjustment for the applicable
time period, followed by a resumption of collectibility in a
reduced amount. The Commissioner notes that the Administrator's
order required the landlord to refund money to the tenant only if
a fuel cost adjustment increase was actually collected. The
Commissioner further notes that it is implied in t e Administra-
tor's order that if the owner's allegation, as stated in the
petition, is true, then the landlord would not have to refund any
money to the tenant.
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