Docket No. DC220241RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: DC220241RO
John Sorrentino ADMINISTRATOR'S DOCKET
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 February 10, 1989
by the Rent Administrator of the Gertz Plaza, Jamaica, New York,
concerning the housing accommodations known as 1496 Greene Avenue,
Apartment 3rd Floor, Brooklyn, New York.
The issue in this proceeding is whether Fuel Cost Adjustments should
have been suspended for the calendar year 1986.
The Rent Administrator's order appealed herein, suspended all fuel
cost adjustments for the period January 1, 1986 through December 31, 1986.
This order was based on a finding that the landlord of the subject
building had previously obtained allowable fuel cost adjustments and
failed to timely file in 1986 the required report of fuel cost decrease by
reason of a decrease in the price of Brooklyn Union "Non-Interruptible"
Gas during the calendar year 1985.
On appeal, the landlord states, in substance, that he filed the 1986
fuel forms on April 10, 1986 and the DHCR made an error on the price
change and the new set of forms with the price change was sent on August
1, 1986. A copy of the report was submitted on appeal.
After a careful consideration of the entire evidence of record, the
Commissioner is of the opinion that the appeal should be granted.
Under the provisions of 9NYCRR 2202.13e, 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
Docket No. DC220241RO
landlord must serve and file a report of fuel price decrease.
The Commissioner notes the fact that in 1986 a Special Notice was
issued informing the owner that the fuel price changes in 1985 were
previously incorrectly stated, and the correct price changes were stated
in the Special Notice. In addition, the Notice stated that if the owner
filed the Fuel Cost Report with the DHCR by May 14, 1986, the owner must
refile for a decrease passalong, by September 3, 1986.
A review of the record reveals the owner filed the fuel report with
the DHCR on April 30, 1986. Furthermore since the report was filed on or
before May 14, 1986, the owner refiled with the correct price change which
was received by the Division on August 26, 1986. Therefore, the
Commissioner finds that the fuel cost adjustment should not have been
suspended for the calendar year 1986.
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, 1986 is reinstated in the amount of
$4.70 per room, per month, and itis further ordered that the tenants may
pay any arrears in rent arising as a result of this order in twelve (12)
equal monthly payments.
Joseph A. D'Agosta