ADM. REVIEW DOCKET NO.: CL120224RO
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.: CL120224RO
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: QC850554FR
KIM LUM
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 27, 1988 the above-named petitioner-landlord filed
an appeal in accordance with the applicable provisions of the City
Rent Law and Regulations against an order issued on November 22,
1988 by the Rent Administrator of the Gertz Plaza, Jamaica, New
York, concerning the housing accommodation known as 46-05 48th
Avenue, Apts. 3F & 3R, Queens, 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 through
December 31, 1985.
This order was based upon a finding that the owner of the
subject building had previously obtained allowable fuel cost
adjustments and failed to timely serve and file 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 states, in substance, that the
Administrator's order is correct, he failed to file the fuel cost
adjustment report. In addition the owner states, that he believes
he has already refunded to the tenant more than he should have for
the 1984 and 1985 fuel cost adjustment.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be denied.
ADM. REVIEW DOCKET NO.: CL120224RO
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 report on or before
May 15, 1985. It is undisputed that no such filing took place.
The suspension procedure is initiated by the Division whenever an
owner fails to timely file a notice of fuel cost decrease.
In this matter it is undisputed that a "Landlord's Report,
Certification and Notice of Fuel Cost Adjustment Eligibility-1985"
was not received by the Rent Office on or before May 15, 1985.
Regarding the other issue raised in the landlord's petition
the Commissioner notes that this order and opinion is issued
without prejudice to the rights of the respective parties to an
adjudication of their dispute in a court of competent jurisdiction.
The owner's questions regarding the calculation and collection
by the owner of the Fuel Cost Adjustment are beyond the scope of
this appeal. However, the Commissioner notes that if the Fuel Cost
Adjustment is suspended two years in a row, no Fuel Cost Adjustment
whatsoever can be collected for that two year period. For further
information call the DHCR Public Information Unit or Small Building
Owners Counseling Service at 718-739-6400.
THEREFORE, in accordance with the applicable provisions of the
Rent and Eviction Regulations for New York City, it is
ORDERED, that this administrative appeal 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
Deputy Commissioner
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