DOCKET NO.: DC230456RO
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 :
APPEAL OF ADMINISTRATIVE APPEAL
: DOCKET NO. DC230456RO
DRO DOCKET NO. AK220079FR
A. HILMAN, :
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-landlord refiled an administrative appeal in
accordance with the applicable provisions of the City Rent Law and
Regulations against an order issued on January 31, 1989 by the Rent
Administrator of the Gertz Plaza, Jamaica, New York Rent Office, concerning
the housing accommodations known as 1439 55th Street, Apts. 1st Fl., 3rd Fl.,
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 the fuel report was filed
on May 14, 1986. The fuel report was returned to the owner by the DHCR with
an attached notice dated June 16, 1986 directing the owner to complete the
attached long form RA33.10 and resubmit the fuel report to the DHCR. The
long form was resubmitted on June 20, 1986.
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 9 NYCRR 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 landlord must
serve and file a report of fuel price decrease.
In early 1986 a finding was promulgated that the price of Brooklyn Union
"Non-Interruptible" Gas had declined during 1985. The subject landlord was
required to file and serve fuel cost decrease reports on or before May 14,
DOCKET NO.: DC230456RO
A review of the record reveals the fuel report was served on the DHCR on or
before May 14, 1986 and returned by the Division to the owner for further
completion of the fuel report. The owner resubmitted the fuel report which
was received by the Division on June 23, 1986. The Commissioner is of the
opinion that the fuel cost adjustment should not have been suspended for the
calendar year 1986.
The issues raised by one of the tenants in response to the landlord's
petition are beyond the scope of this appeal, which is limited to whether the
owner timely filed the required report.
THEREFORE, in accordance with the applicable provisions of the Rent and
Eviction Regulations for the 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 $6.77 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.
JOSEPH A. D'AGOSTA