Docket No. DE410443RT
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. DE410443RT
DISTRICT RENT
Tom Ettinger, ADMINISTRATOR'S DOCKET
NO. AF520114F
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 22, 1989, the above-named tenant filed a petition for
administrative review of an order issued on April 18, 1989 by a
Rent Administrator concerning the housing accommodation known as
Apartment 11G, 420 Riverside Drive, New York, New York.
On April 15, 1986, the subject landlord filed with the rent
agency a "Landlord's Report, Certification and Notice of Fuel
Adjustment Eligibility," under Docket No. AD426144FC, in order to
qualify for an increase in the fuel cost adjustment effective
January 1, 1986.
On June 16, 1986, the subject tenant filed with the rent agency
a challenge to the above-mentioned "Landlord's Report and
Certification of Fuel Cost Adjustment and Eligibility is for 1986
On April 18, 1989, the Administrator's order under review
herein denied the tenant's challenge.
In his petition, dated May 22, 1989, the subject tenant states
that:
Fuel cost adjustment is a benefit granted to landlords
Docket No. DE410443RT
only upon the condition that their premises are properly
maintained. As the record shows, such is not the case in
this building. Accordingly, the Administrator erred in
granting the landlords this relief, as they are not
entitled to it.
Deponent has not had time to prepare the documentation
for this submission and timely files this pro-forma PAR
in order not to lose the right for PAR. Deponent will
file these supplementary papers in the near future.
In its response, dated July 28, 1989, the subject landlord
asserts, among other things, that the subject landlord is
maintaining all essential services in the subject building, and
that the tenant's petition should be denied as it did not contain
"any supporting documentation."
The subject tenant submitted a letter, dated June 2, 1993, to
the rent agency requesting an additional thirty days to submit
supplementary papers.
On July 11, 1993, the rent agency mailed a letter to the
subject tenant informing him that "no action will be taken on this
matter before July 6, 1993."
The record reflects that the subject tenant did not submit
supplementary papers to the rent agency.
After careful consideration, the Commissioner finds that the
tenant's petition should be denied.
Pursuant to Section 2202.13(h) of the Rent and Eviction
Regulations and Policy Statement 91-3, the Commissioner finds that
a landlord is barred from collecting increases for fuel cost
adjustments when there is a rent reduction order in effect for
failing to maintain an essential service.
The record reflects that on January 1, 1986, the effective date
of the increase in fuel cost adjustments in this proceeding, there
was no rent reduction order pending against the subject building
for failure to maintain an essential service.
Furthermore, the Commissioner finds that the subject tenant did
not substantiate his allegation that the subject landlord was
failing to maintain essential services.
Accordingly, the Commissioner finds that the tenant's petition
should be denied.
THEREFORE, in accordance with the City Rent and Rehabilitation
Law and the Rent and Eviction Regulations, it is
Docket No. DE410443RT
ORDERED, that this petition be, and the same hereby is, denied,
and that the Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
Joseph A. D'Agosta
Deputy Commissioner
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