ADM. APPEAL DOCKET NO.: DC130094RO
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 APPEAL
APPEAL OF DOCKET NO.: DC130094RO
DISTRICT RENT OFFICE
THEMISTOKLES THEODOSOPOULOS DOCKET NO.: QC851238FR
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On March 1, 1989 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 February 8,
1989 by the Rent Administrator of the Gertz Plaza, Jamaica, New
York Rent Office, concerning the housing accommodation known as 11-
24 46th Avenue, Various Apartments, Queens, New York.
The issue in this proceeding is whether the 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 #6
oil during the calendar year 1984.
On appeal, the landlord states, in substance, that the
boiler/burner at the subject building was replaced in late 1983
with a #4 oil burner and #6 fuel oil was not used for the entire
year of 1984. Since the 1985 fuel cost increase allowed for #4 oil
was very small the owner didn't bother to file the 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 granted.
ADM. APPEAL DOCKET NO.: DC130094RO
9 NYCRR 2202.13 provides that where a landlord has obtained
fuel cost adjustments and then there is a finding of the fuel price
decrease, within 60 days of the promulgation of the finding of fuel
prices, the landlord must serve and file a report of fuel price
decrease.
The Commissioner notes the fact that the subject building's
boiler/burner was changed from #6 to #4 fuel oil in 1983. In
addition it is also noted that in 1984 there was a very small
increase in the price of #4 fuel oil. Owners are not obligated to
file for an increase.
In early 1985, a finding was promulgated that the price of #6
fuel oil had declined during 1984. However, since Division records
confirm that the landlord did not use #6 oil in 1984, the subject
landlord was not required to file and serve a fuel cost decrease
report.
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 $4.47 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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