Docket No. CE 220046-RO
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.: CE 220046-RO
DRO DOCKET NO.:
Anna Sica ZKC 852375-FR
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On May 18, 1988, the above-named petitioner-landlord filed an
administrative appeal in accordance with the applicable provisions
of the City Rent Law and Regulations against an order issued on
April 22, 1988 by the Rent Administrator of the Rent Office,
concerning the housing accommodations known as 1981 West 11 Street,
various apartments, Brooklyn, New York.
The issue in this proceeding is whether Fuel Cost Adjustments
should have been suspended for the calendar year 1985.
The Rent Administrator's order appealed herein, suspended all
fuel cost adjustments for the period January 1, 1985-December 31,
1985.
This order was based on a finding that the landlord of the
subject building had previously obtained allowable fuel cost
adjustments and failed to timely file in 1985 the required report
of fuel cost decrease by reason of a decrease in the price of #2
oil during the calendar year 1984.
On appeal, the landlord submits a stamped copy of the 1985 Fuel
Cost Report as proof that the report had been submitted on a timely
basis.
After a careful consideration of the entire evidence of record,
the Commissioner is of the opinion that the appeal should be
granted.
Under the provisions of 9 NYCRR 2202.13e, where a landlord has
obtained fuel cost adjustments and then there is a finding of fuel
price decrease, within 60 days of the promulgation of the finding
on fuel price, the landlord must serve and file a report of fuel
Docket No. CE 220046-RO
price decrease.
In early 1985 a finding was promulgated that the price of #2
fuel oil had declined during 1984. The subject landlord was
required to file and serve fuel cost decrease reports on or before
May 15, 1985.
The record reveals that the required reports were filed with
the Rent Office on May 9, 1985. Therefore, the Commissioner finds
that the fuel cost adjustments should not have been suspended for
the calender year 1985.
THEREFORE, in accordance with the applicable provisions of the
Rent and Eviction Regulations for New York City, it is
ORDERED, that the landlord's appeal be, and the same hereby is,
granted; that the Rent Administrator's order be, and the same
hereby is, revoked; and that the monthly cumulative fuel cost
adjustment for the subject building as of January 1, 1985 is
reinstated in the amount of $5.65 per room, per month, and it is
further ordered that the tenants may pay any arrears in rent
arising as a result of this order in twelve (12) equal monthly
payments.
ISSUED:
Joseph A. D'Agosta
Acting Deputy Commissioner
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