Docket No. CI 210070-RT
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.: CI 210070-RT
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: ZKC 852556-FR
Maxine Joiner Premises: 376 E. 94th St.,
Apt. B19, Bklyn.,
New York
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued concerning the housing accommodations
described above.
The Commissioner has reviewed all the evidence in the record
and has carefully considered that portion of the record relevant to
the issues raised by the petition.
The Administrator's order being appealed herein found that the
owner of the subject premises had failed to file a timely report of
fuel cost decrease in 1985. The Administrator ordered that the
fuel cost adjustment be revoked, and that any fuel cost adjustment
increases paid by the tenant during the calendar year 1985 should
be refunded to the tenant.
In her petition the tenant states "incorrect fuel cost raised
rent."
The Commissioner is of the opinion that this petition should be
denied.
The tenant's allegation on appeal of "incorrect fuel cost..."
is not further defined. Since there is almost a four-year gap
between the effective date of the Administrator's order and the
filing date of the petition, various other factors, such as
intervening fuel cost adjustments, may have been considered by the
tenant.
Tenant's allegation "... raised rent" is similarly vague. If
Docket No. CI 210070-RT
the tenant is alleging another instance of rent increase, the
Commissioner notes that this argument is irrelevant to the instant
proceeding, and hereby advises the tenant to seek redress in a
court of competent jurisdiction or to file a complaint of rent
overcharge, if the facts so warrant.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, denied,
and that the Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
Joseph A. D'Agosta
Acting Deputy Commissioner
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