DOCKET NO.: CF 230213-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. CF 230213-RO
: DISTRICT RENT ADMINISTRATOR'S
J. C. MANAGEMENT CO., DOCKET NO. ZKC 852503-FR
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On June 23, 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 June 10, 1988 by
the Rent Administrator of the Rent Office, concerning the housing
accommodations known as 864 48th Street, various apartments, Brooklyn, NY.
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 #6 oil during the calendar year 1984.
On appeal, the landlord alleges, in substance, that contrary to the
Administrator's findings it had filed the report of fuel cost decrease 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 price decrease.
In early 1985 a finding was promulgated that the price of #6 fuel oil had
decline 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 14, 1985. The Commissioner is of the opinion that this record
constitutes substantial compliance with the requirements of 9 NYCRR
2202.13e, as the tenants, the intended beneficiaries of this provision of
DOCKET NO.: CF 230213-RO
the Regulations, received adequate notice of the decrease in the monthly
collectible fuel cost adjustment. Therefore, the Commissioner finds that
the fuel cost adjustments should not have been suspended for the calendar
year 1983.
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 $3.21 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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