Docket No. CE 220145-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.: CE 220145-RT
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: ZKC 852349-FR
Gilberto Mercado Premises: 377 South 1st
St., Apt. 4F,
Brooklyn, N.Y.
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant 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.
This proceeding was initiated when the Administrator served a
"Notice of Commencement of Proceeding to Suspend and Revoke Fuel
Cost Adjustment-1985" on the owner. The owner did not respond to
the Notice, and subsequently the Administrator issued an order
under docket #ZKC 852349-FR finding that the owner had failed to
file a report of fuel price decrease with the Administrator on a
timely basis, and ordering a suspension of the 1985 fuel cost
adjustment (FCA) and ordering a refund to the rent-controlled
tenants of the subject building of any and all FCA's collected from
them during 1985. The order was dated April 27, 1988 and effective
January 1, 1985.
The tenant's appeal in its entirety consists of the statement
"Owner obtained a fuel cost increase rent adjustment but failed to
file a timely report of fuel cost price decrease in the amount of
$0.006/gal. for #2 fuel oil".
The Commissioner is of the opinion that this peittion should be
Docket No. CE 220145-RT
denied.
The second part of the tenant's argument on appeal "...failed
to file a timely report...", is contained verbatim in the
Administrator's order being appealed herein. Similarly, the first
part of tenant's appeal ("owner obtained a fuel cost increase
adjustment") is a paraphrase of a part of the Administrator's
order.
Accordingly, the tenant has not indicated any error of law or
fact in the Administrator's order. That order, being a suspension
of the Fuel Cost Adjustment for the year 1985 was, in fact
favorable to the tenant.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations, it is
ORDERED, that this petition for administrative review be, and
the same hereby is, denied, and, that the order of the Rent
Administrator be and the same hereby is, affirmed.
ISSUED:
Joseph A. D'Agosta
Acting Deputy Commissioner
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