Docket No. CJ 110176-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.: CJ 110176-RT
DISTRICT RENT
ADMINISTRATOR'S DOCKET
John A. Williams, Jr. NO.: ZQC 850409-FR
Premises: 99-18 25th Ave.,
Apt. 1L, East
Elmhurst, 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.
The Administrator's order appealed by the tenant herein found
that the owner of the subject premises had not filed a report of
fuel cost decrease for 1985, and thus suspended the fuel cost rent
adjustment for the calendar year 1985, and ordered that any fuel
cost adjustment increase paid by the tenant during 1985 be
refunded to the tenant.
On appeal, the tenant alleges that "The fuel cost increase rent
adjustment was never rescinded and I am still paying the fuel
increase."
The Commissioner is of the opinion that this petition should be
denied.
The tenant's appeal (quoted in its entirety above) does not
allege any errors of law or fact in the Administrator's order.
Instead, the tenant is apparently alleging noncompliance with the
Administrator's Order by the owner. The Commissioner notes that a
petition for administrative review is inappropriate for such
allegations. If there has been an overcharge by the landlord, the
tenant may bring an action in the appropriate court to recover the
Docket No. CJ 110176-RT
amount of the overcharge.
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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