DOCKET NO.: DC120193RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE2222 OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE :
APPEAL OF ADMINISTRATIVE REVIEW
: DOCKET NO. DC120193RO
WEINER REALTY CO., DRO DOCKET NO. QC851245FR
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On March 13, 1989 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 November 29, 1988 by the Rent
Administrator of the Gertz Plaza, Jamaica, New York Rent Office, concerning
housing accommodations known as 76-66 Austin Street, Various Apts., Forest
Hills, New York. The landlord's petition is deemed timely since the
Administrator's order had been mailed to the wrong address.
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 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 states, in substance, that the 1985 Fuel Cost Report
was filed timely. A copy of the report was submitted on appeal along with a
receipt for certified mailing showing the mailing was received on May 14,
1985.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal should be
granted.
Under the provisions of 9 NYCRR 2202.13 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
declined during 1984. The subject landlord was required to file and serve
fuel cost decrease reports on or before May 15, 1985.
A review of the record reveals that the required reports were filed with the
Rent Office on May 14, 1985. Therefore, the Commissioner finds that the fuel
cost adjustments should not have been suspended for the calendar year 1985.
THEREFORE, in accordance with the applicable provisions of the Rent and
Eviction Regulations for New York City, it is
DOCKET NO.: DC120193RO
ORDERED, that this administrative appeal be, and the same hereby is, granted;
that the Rent Administrator 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 $4.21 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
Deputy Commissioner
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